Prima Facie Victimization: Gujarat High Court Interim Relief To Ad-Hoc Assistant Professor Whose Contract Was Terminated Without Notice

Directing Rashtriya Raksha University to maintain status quo with respect to the services of an ad-hoc employee, the Gujarat High Court "prima facie" said the woman was "victimized" as no formal order was issued stating if her services were renewed or not while at the same time she was asked to sit for an interview with other candidates whose contracts were renewed while hers wasn't. Justice Nirzar S. Desai in its order observed, “It, prima facie, seems that the Respondents have adopted the method of pick and choose, as the officer, i.e. Mr. Dharmesh Prajapati, Registrar (I/c.), is personally present in the Court room and though, learned Advocate, Mr. Shukla, is being instructed by him, nothing could be pointed out either to show that the petitioner, along with two other, similarly situated persons, was interviewed for a regular post or that there is any policy decision taken and notified to scrap the entire recruitment process. Further, the record reveals that there is no order, which specifies that the petitioner's contract has lived its life and therefore, the petitioner's contract is not renewed”.“In view of the above, as well as taking into consideration the totality of the facts and circumstances of the case on hand, prima facie, this seems to be a clear case of victimization for the reason that, on the one hand, the Respondents have not issued any formal order informing the petitioner that her services are renewed and on the other hand, the petitioner was asked to attend the interview, along with two other, similarly situated persons, for the post of Assistant Professor (Forensic Science), which is being taught by her, for the purpose of renewal of contract of employment, where, the contracts of the two other, similarly situated persons are renewed, but, the contract of the petitioner is not renewed,” the court added. The Counsel for petitioner had contended that she has been serving as Assistant Professor for 364-days on contractual basis for 3 years wherein her contract was periodically renewed. Further, in December 2024, the petitioner along with two similar situated persons working in the University appeared for interview for the post of Assistant Professor for the subject Forensic Science. It was contended that while the contracts of the other two candidates were renewed, her contract was terminated treating that her contract has lived its life and expired on December 31, 2024, "without issuing any formal order either renewing her contract or intimating the petitioner that her contract is over".The Counsel further argued that it is well settled that an ad-hoc employee cannot be replaced with another ad-hoc employee. Further the petitioner, along with two others, similarly situated persons, was interviewed for ad-hoc posts only and not for the regular posts. The counsel emphasized that the University had adopted a pick and choose method.The Counsel appearing for the University then submitted that the entire recruitment process is scrapped and denied that the petitioner's former post was filled by an ad-hoc employee and thereafter prayed for time to put the correct facts on record as reply. The Court then said that there was no formal order terminating the services of the petitioner nor a notification to scrap the recruitment process. It further relied on the judgement by the Apex Court and the High Court wherein it was stated that “an ad-hoc employee cannot be replaced with another ad-hoc employee and more particularly, when there is no specific order passed either terminating the services of the petitioner or indicating that the contractual services of the petitioner are not renewed, the petitioner deserves grant of ad-interim-relief.”Noting that as there was specific order to put the services and contract of the petitioner to an end, the court directed the University “to maintain status quo qua service condition of the petitioner, as if, the employment contract of the petitioner is not terminated or put an end to.” Issuing notice on the plea the court listed the matter on February 11.Case Title: Dr. Deepali Jain D/O Arun Kumar Jain vs The Rashritya Raksha University & Anr.Click Here To Read/Download Order

Prima Facie Victimization: Gujarat High Court Interim Relief To Ad-Hoc Assistant Professor Whose Contract Was Terminated Without Notice

Lovina B Thakkar

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