The Orissa High Court, in the order which held that ad-hoc employees can be replaced by other ad-hoc employees, made certain striking observations against the prevailing situation relating to appointment of guest faculties on a large scale without facilitating the recruitment of regular faculties in educational institutions.
The Single Judge Bench of Justice Sanjeeb Kumar Panigrahi held that this kind of system has every potential to make a huge 'dent' on the quality of education.
The Bench further observed that guest lecturers, by their very appointment policies, are not able to discharge their duties freely as they will always be trapped in a fear of 'termination'.
"At the same vein, this Court is of the view that appointment of Guest Lecturers on a large scale without regular appointment of teachers is likely to make a huge dent on the quality of the teaching and hugely hamper the interests of the students. Further, the guest faculty/temporary teachers will not be able to work with a free mind and there will always be a fear of termination at the whims and fancy of the principal or Vice-Chancellors. This Court believes that students of Odisha deserve good teachers and quality education. Undeniably, the ad-hocism cracks in the myth of a better and quality education." it noted,
Justice Panigrahi further highlighted that guest faculties are needlessly subjected to arbitrary appointment policies. He said, most of these faculties are educated, but failed to procure a suitable employment. Thus, they are forced to accept these jobs at a very low remuneration and with unreasonable service conditions. He blamed the government for exploiting the situation in the absence of just recruitment policies for guest faculties, which is clearly violative of Articles 14 and 16 of the Constitution. He observed,
"On the other hand, these ad hoc teachers are unnecessarily subjected to arbitrary 'hiring and firing' policy. Most of the ad hoc teachers are educated unemployed and they are compelled to accept these jobs with a miserably low pay and on pathetic service conditions. The ad hoc teachers and teaching regime is a pointer to the facts that the Government is exploiting the situation sans a sound personnel policy and hits by Articles 14 and 16 of the Constitution of India. Such a status quoist approach directly contradicts the essence of a State. It is imperative that the State Government should appoint more and more regular teachers in the educational institutions of the State and adhocism need to be shifted to a permanent system."
Case Title: Siba Prasanna Pathy v. State of Odisha & Ors.
Case No.: W.P.(C) No. 12250 of 2022
Order Dated: 31st May 2022
Coram: Justice S.K. Panigrahi
Counsel for the Petitioner: Mr. S.P. Nath, Advocate
Counsel for the Respondents: Mrs. Suman Pattnaik, Additional Government Advocate
Citation: 2022 LiveLaw (Ori) 94