Jharkhand High Court
Dr. Prishila Soren vs The State Of Jharkhand Through The Chief ... on 5 December, 2024
Author: S.N. Pathak
Bench: S. N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1435 of 2022
With
W.P.(S) No. 257 of 2020
In W.P.(S) No. 1435 of 2022
1. Dr. Prishila Soren, D/o. Bisha Soren, Resident of - Jata Para Saruwa, P.O.
- Bandho Haripur, P.S. - Dumka Muffasil, District - Dumka - 814101.
2. Bhuwaneshwar Manjhi, son of Late Pashupati Manjhi, Resident of -
Village - Boha, P.O. and P.S. - Khariyani, District - Godda - 814147.
3. Dr. Kiran Kumari, wife of Arbind Kumar Singh, Resident of - House No.
59, Ward No. 04, Near B.Ed. College, Williams Town, P.O. -Head Post
Office, Deoghar, P.S. - Deoghar Town, District - Deoghar - 814112.
4. Dr. Indra Bhushan Singh, son of Late Dinesh Prasad Singh, Resident of -
Village Sabalpur, Ward No. 09, P.O. - Marar, P.S. - Morkachi, District -
Khagaria, Bihar - 851205.
5. Dr. Sharad Suman Mishra, son of Dr. Shishir Suman Mishra, Resident of
- House NO. 18, Tamsa Tirtham, Ward No. 10, Near Kasturba Vidyalaya,
Annapurna Colony, P.O. + P.S. + District - Pakur, 816107.
... ... Petitioners
Versus
1. The State of Jharkhand through the Chief Secretary, Government of
Jharkhand, Project Bhawan, Dhurwa, Ranchi
2. The Secretary, Higher, Technical and Skill Development Department,
Govt. of Jharkhand, Project Building, Dhurwa, Ranchi
3. The Sido Kanhu Murmu University, Dumka through its Registrar,
S.K.M.U. Dighi Campus, Dumka, Pakur Road, Dumka
4. The Vice Chancellor, Sido Kanhu Murmu University, Dumka. S.K.M.U.
Dighi Campus, Dumka - Pakur Road, Dumka
5. The Registrar, Sido Kanhu Murmu University, Dumka, S.K.M.U. Dighi
Campus, Dumka - Pakur Road, Dumka
6. Jharkhand Public Service Commission through its Secretary, Circular
Road, Lalpur, Ranchi
7. The Vice Chancellor, Binod Bihari Mahto Koyalanchal University,
Dhanbad, Officiating at - Government Polytechnic Road, Dhanbad.
8. The Vice Chancellor, Dr. Shyama Prasad Mukherjee University, Ranchi,
officiating at Morabadi, Ranchi.
9. The Vice Chancellor, Jamshedpur Women's University, Jamshedpur,
officiating at - Kharkai Link Road, Bistupur, Jamshedpur, District -
Singhbhum East.
10.The Vice Chancellor, Jharkhand Raksha Shakti University, Ranchi,
officiating at - Meur's Road (SKIPA Premises), Ranchi.
RC 1
11.The Vice Chancellor, Kolhan University, Chaibasa, officiating at - NH-
75, Chaibasa, District - West Singhbhum.
12.The Vice Chancellor, Nilamber Pitamber University, Palamau, officiating
at - Baratola, Medininagar, Daltonganj, District - Palamau.
13.The Vice Chancellor, Ranchi University, Shahid Chowk, Ranchi.
14.The Vice Chancellor, Vinoba Bhave University, Hazaribagh, NH-33,
Sindoor, Hazaribagh.
15.Hon'ble the Chancellor, through OSD(Judicial), Rajbhawan, Ranchi.
... ... Respondents
In W.P.(S) No. 257 of 2020
1. Kumar Nripendra Pathak, son of Shri Kashi Nath Pathak, Resident of - Room No. 123, Kaveri Hostel, Bhagalpur Road, Dudhani, Dumka.
2. Dr. Prabhakar Kumar, son of Birendra Kumar Singh, Resident of - Q. No. 7303, Sector - 4/F, Bokaro Steel City, Sector-IV, P.O. and P.S. - Bokaro Steel City, District, Bokaro.
3. Rohit Kumar Choubey, H. No. 32, Jyoti Marg, Bank Colony, Kagal Nagar, Sonari, P.O. and P.S. - Sonari, Jamshedpur, District - East Singhbhum.
4. Aradhana Tiwari, wife of Vinay Rammurti Tiwari, Resident of - E-10, 2C, SAIL City, New Pundag, Dhurwa, Ranchi.
5. Anu Kumari Singh, wife of Shri Prabhash Chandra Gupta, Resident of - Sakra, Faridpur, Near East Railway Gate, Dholi, P.O. and P.S. - Muzaffarpur, District - Muzaffarpur, Bihar.
... ... Petitioners Versus
1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Project Bhawan, Dhurwa, Ranchi
2. Secretary, Higher, Technical Education and Skill Development Department, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi
3. Director, Higher, Technical Education and Skill Development Department, Govt. of Jharkhand, Project Building, Dhurwa, Ranchi
4. Jharkhand Public Service Commission, Circular Road, Lalpur, Ranchi
5. Secretary, Jharkhand Public Service Commission, Circular Road, Lalpur, Ranchi
6. Examination controller, Jharkhand Public Service Commission, Circular Road, Lalpur, Ranchi.
... ... Respondents
CORAM: HON'BLE DR. JUSTICE S. N. PATHAK
For the Petitioner : Mr. Ajit Kumar, Sr. Advocate
Ms. Tejaswita Safalta, Advocate
Mr. Sameer Ranjan, Advocate
Ms. Tanya Singh, Advocate
RC 2
For the State : Mr. K.K. Singh, SC-V
Mr. S. Bhowmik, AC to SC-V
Mr. Divyam, AC to SC-IV
Mr. Anis Kumar Mishra, AC to Sr. SC-I
Mr. Ranjan Kumar, AC to Sr. SC-I
Ms. Nirupama Kumari, AC to Sr. SC-II
Ms. Sunita Kumari, AC to Sr. SC-II
Ms. Mohini Gupta, AC to SC(M)-I
Mr. Sudhanshu Kumar Singh, AC to SC-III
Mr. Law Kumar Tiwary, AC to AAG-V
Mr. Krishna Prajapati, AC to SC-V
Ms. Ashwini Bhushan, AC to Sr. SC-II
For the JPSC : Mr. Sanjoy Piprawal, Advocate
Mr. Prince Kumar, Advocate
Mr. Rakesh Ranjan, Advocate
Mr. Jay Prakash, Advocate
For the Universities Mr. Anoop Kumar Mehta, Advocate
Mr. Amit Kumar Sinha, Advocate
Mr. Manish Kumar, Advocate
Dr. Ashok Kumar Singh, Advocate
Ms. Ayushri, Advocate
Mr. Subhashish Rasik Soren, Advocate
Mr. Arpan Mishra, Advocate
Mr. Rahul Kamlesh, Advocate
For the Chancellor: Mr. Prashant Pallav, Advocate
Mr. Parth Jalan, Advocate
Ms. Shivani Jaluka, Advocate
For the Birsa Agricultural University:
Mr. Abdul Allam, Sr. Advocate
Mr. Faisal Allam, Advocate
Ms. Sushmita Kumari, Advocate
Ms. Asfia Sultana, Advocate
For the Jamshedpur Women's University:
Mr. A.K. Rashidi, Advocate
Mr. Azam, Advocate
Ms. Aulia Begum, Advocate
Mr. Dinesh Kumar Sahu, Advocate
26/05.12.2024 Heard the parties.
2. The issues involved in all these accompanied writ petitions are same, similar and identical and as such they have been tagged and heard together and common orders are being passed.
3. Petitioners in W.P.(S) No. 1435 of 2022 have prayed for the following reliefs:
RC 3(i) For showing cause to the Respondents as to under what circumstances they have breached their own understanding as recorded by this Hon'ble Court in Order dated 23.08.2021 passed in W.P.(S) No. 548/2021 (Prabhas Gorai Vrs. The State of Jharkhand & Ors.) and it's batch cases whereby and whereunder the Respondents in relation to the similarly situated contractual appointees/ Assistant Professors working under them, made an undertaking before this Hon'ble Court that they will not oust or terminate or replace them with another set of contractual employees on the principle that "One set of contractual employees cannot be replaced by another set of contractual employees and after the liberty to appoint another group of Contractual Assistant Professors vide Advertisement No. 35/20 dated 18.12.2020 have now reversed their stand by way of deciding to oust/replace the Petitioners and to retain the subsequently appointed Contractual Appointees who have been appointed vide Advertisement No. 35/20 dated 18.12.2020 in the year 2021 and 2022;
(ii) For issuance of writ(s)/order(s)/direction(s) of appropriate nature for quashing the Notification No. 27/22 contained in Memo No. SKMU/RG/191/2022 dated 07.03.2022, (Annexure-11 of the writ petition) whereby and whereunder the services of the Petitioners who were duly appointed contractual teachers in the subject of Political Science, have been terminated against the settled principle of law of "last come first go' or "first come last go" and without complying with the principles of natural justice;
(iii) For issuance of appropriate writ(s) / order(s) /direction(s) for directing upon the Respondent no. 3 to reinstate the petitioners to their respective post of contractual faculty in their subject and allow them to continue on their post and not to disturb their services till regular appointment is made as per the mandate of law as has been held and ordered by this Hon'ble Court in W.P.S. No. 861/2011 (Ritesh Ranjan and Anr. V. State of Jharkhand and Ors and in similar cases;
(iv) For issuance of appropriate writ(s) / order(s) / direction(s) for directing upon the Respondent no. 3 to extend the contract of the petitioners for a period of three years as has been done in case of other appointees appointed from the same advertisement or till regular appointments are done whichever is earlier.
4. The petitioners in W.P.(S) No. 257 of 2020 have prayed for the following reliefs:
(i) For issuance of writ in the nature of certiorari for quashing the Advertisement No. 5/2018 (Annexure-3), issued under the RC 4 signature of respondent no. 5 in respect of backlog vacancies for the post of Assistant Professor in different Universities within the State of Jharkhand as the same is violative of the provisions of Section 4(6) of the "Jharkhand Pado Evum Sewaon Ki Riktion Mein Arakshan (Anushuchit Jation, Anusuchit Janjation Evum Pichchre Vergon Ke Liye Adhinium - 2001 Amendment Act, 2011"wherein it has been provided that the vacancies of the post be carry forwarded for three years, as such the vacant posts, in case of unavailability of suitable candidates (Appointment/Promotion) during two appointment years, the State Government is empowered to fill up the post during the third year by adopting special recruitment procedure for reserved posts.
5. The main issue involved in all these writ petitions is "whether one set of ad hoc employees can be replaced by another set of fresh ad hoc employees". In the instant batch of writ petitions, some other candidates have been appointed on contractual basis after the appointment of petitioners and they were retained on the said post, whereas the petitioners, who were appointed much earlier to those persons, were illegally removed from the service in complete defiance of the principle of first come last go and last come first go. During the course of hearing of the case, Mr. Ajit Kumar, learned Sr. Counsel raised vital issue regarding appointment of teaching faculties in all the Universities in the State of Jharkhand. This Court is concern about the practice of adhocism in the State of Jharkhand and the continuous usage of ad hocism and has deprecated the same on several occasions. Many a times, this Court has observed that there should be uniform policy for appointment, replacement and removal of ad hoc teaching faculties to avoid any pick and choose approach by the University authorities and in order to give quality education to the students. In spite of various orders passed by this Court to fill-up the vacant posts with permanent/regular teachers, the ad hocism were allowed to continue affecting academic atmosphere in almost all the Universities in the State and as such, in view of seriousness of the issue, the petitioner was allowed to implead all the Vice Chancellors of the Universities coming under the jurisdiction of the State of Jharkhand along with Chancellor-cum-Governor through O.S.D. (J), so that an effective order may be passed in the matter in the interest of State.
RC 56. On several occasions, the matter was heard and directions were issued to the respective Universities as well as the Jharkhand Public Service Commission and the State Government to come out with updates as to how many posts are lying vacant, how many appointments have been made and in future what are the policy decisions of the State as well as the Universities regarding appointment of teaching faculties. In most of the Universities, the appointments are being made on adhoc basis, contractual basis and even Ghanti Aadharit basis, which is rampant practice in the Universities in the State of Jharkhand. Even after repeated orders and directions of this Court, when the actual data regarding the vacancy positions and appointments were not brought before this Court by way of affidavit, the Court had no other option than to call the Director, Higher and Technical Education, Government of Jharkhand, Vice Chancellors and Registrars of the Universities and the Secretary, Jharkhand Public Service Commission, for proper assistance to the Court. Thereafter, in view of order and direction of this Court dated 15.10.2024, the Director, Higher and Technical Education, Government of Jharkhand, Vice Chancellors and Registrars of the Universities and the Secretary, Jharkhand Public Service Commission, were present before this Court on 22.10.2024. After hearing the parties, this Court passed the following order:
"... ... ...
7. Earlier several orders were passed for taking steps for regular appointments of teaching faculties in the Universities of the State but inspite of orders and direction of this Court, it appears that the Universities are running short of teaching faculties and by way of ad-hoc arrangements and so called 'GHANTI AADHARIT SHIKCHAK' which is affecting the teaching atmosphere of the Colleges and Universities, badly and also affecting quality of education. Atleast this Court has not come across to any Rule or the Statutes for any ad-hoc arrangement for decades together, continuing till today and if not stopped, will continue for an indefinite period. This type of ad-hoc arrangements is deprecated by this Court. Undoubtedly, the Chancellors of the Universities play a vital role in smooth functioning of the Universities and fresh steps have also to be taken by them by interfering into the matter. The Vice Chancellors are the heads of the Universities concerned and their effective role is important for the future of the students.
RC 68. Mr. Sanjoy Piprawall, learned counsel appearing for the respondent-JPSC submits that though requisitions were received from the Universities of the State but for want of certain amendment in the Statutes, the posts could not be advertised in time and delay has been caused. Learned counsel further submits that at present the post of Chairman is vacant and as such progress of work is hampered.
9. Mr. Akshay Kumar Singh, Secretary, Jharkhand Public Service Commission present before the Court, submits that since the seat of Chairman is lying vacant and the process of various examinations including the examination for JET, Judicial Services, Deputy Collectors are already going on and as such seeks apology for the delay and prays for some time to look into the matter in order to comply orders and directions of this Court and to act upon the requisitions sent by the various Universities.
10. Mr. Ashok Kumar Singh, learned counsel assisted by Mr. D.K. Singh, the Vice Chancellor of Jharkhand University of Technology is present before this Court and submits that the University though came into existence in the year 2017 and functioning since the year 2018 but the Statute has not yet been formed and once the same is formulated, the process of appointment shall be started. They are taking effective steps for doing the same expeditiously.
11. Mr. T.N. Sahu, Vice Chancellor, Jharkhand State Open University is present before this Court. Mr. Sanjoy Piprawal, learned counsel representing the University argues that it is a self- finance University and has nothing to do with the JPSC. They are taking effective steps for filling up the vacancies.
12. Considering the poor state of affairs on part of respondent- JPSC as well as the State with respect to appointment of teaching faculties in the Universities in the State, this Court cannot shut its eyes. This Court even cannot hesitate to say that the State should think regarding modalities of constitution of College Service Commission and University Service Commission for taking effective steps in the interest of the students for regular appointment of the teaching faculties of the Universities in the State of Jharkhand.
13. It is the concern of the Court that huge amount of the State Exchequer is spent on ad hoc appointees while there are vacant sanctioned posts. It has been flashed in the Media that teaching faculties are protesting for getting equal payas being given to the regular teaching faculties. Even assuming that protest is genuine and they should get equal pay to that of similarly situated persons appointed on regular basis, but the Universities situated in the State cannot be allowed to run by way of such type of ad-hoc arrangements.
14. The Lecturers, Associate Professors and Professors are the back bone of the State and even of the Nation and the future of RC 7 students depends upon them. The students coming out from the Universities are the future of our county and therefore, the appointments of the teaching faculties in the Universities in the State cannot be withheld for such a long span of time.
15. Though the vacancy position, requisitions sent to the JPSC etc. have been elaborately placed by the respective Vice Chancellors and Registrars of the Universities, but it would be appropriate that the same be brought on record by way of chart showing different vacancy positions and the requisitions sent.
16. Having heard learned counsel for the parties and after hearing the respective Vice Chancellors and Registrars of the Universities, I find specific reply has to be filed by the respondents. Let the respondent-State as well as Universities and the Jharkhand Public Service Commission file specific affidavit before the next date replying to the following queries of the Court:
I) The vacancy positions of teaching faculties as on date in different Universities of the State viz. vacancy positions of Assistant Professors, Associate Professors and the Professors. II) The copies of the letters sent by the Universities to the JPSC by which requisitions have been made for appointment of Assistant Professors, Associate Professors and the Professors. III) The information, if any, regarding vacant posts ever sent to the office of the Chancellor for taking effective steps for appointment of teachers.
IV) The initiatives, if any, taken by the Office of the Chancellor or by the State to get the vacant posts filled-up by them. V) The steps, if any, taken for regular appointments to the teaching posts or the respondents are bent upon to continue with ad-hoc arrangements in the Universities."
... ... ..."
7. Mr. Ajit Kumar, learned Sr. Counsel argues that so far as the prayers of the writ petitioners are concerned, this Court has already passed order on 22.10.2024 qua the writ petitioners wherein the Hon'ble Court noted the fact that these petitioners were earlier working on the vacant post though by way of ad-hoc appointment as Assistant Professors since the year 2017 in Sido Kanhu Murmu University but these petitioners have been removed in the year 2022 and, in their places, the appointments have been made but again on ad hoc basis and further another advertisement has been issued vide notification no. 17/24 dated 05.03.2024 for appointment on ad-hoc basis, which has been stayed by this Court and the Hon'ble Court directed the Vice Chancellor of the Sido Kanhu Murmu RC 8 University to consider the cases of writ petitioners in accordance with law and pass appropriate order within a period of six weeks. Further, on 28.10.2024 the Hon'ble Court has been pleased to vacate the stay on the fresh advertisement issued vide notification no. 17/24 dated 05.03.2024 and has directed the Vice Chancellor of the Sido Kanhu Murmu University to consider the case of the petitioners in accordance with law. Learned Sr. counsel further urges that the alarming state of faculty vacancies in Jharkhand's Universities demands urgent attention. The high number of vacancies not only undermines the quality of education but also creates a disjointed academic environment where students struggle to receive adequate guidance and mentorship. The government and educational authorities must prioritize the recruitment of qualified personnel to fill these positions. Streamlining the hiring process, ensuring adequate funding, and creating attractive career paths for educators are vital steps toward improving the situation. Investing in the human resources of these institutions is imperative for enhancing the overall educational quality, fostering research, and ultimately equipping students for future success. Without prompt and decisive action, the cycle of underperformance in higher education will persist, limiting opportunities for future generations in Jharkhand.
8. Learned Sr. Counsel further urges that this Hon'ble Court may take serious judicial notice of the aforesaid state of affairs in the Universities of Jharkhand which are primarily running with ad hoc teachers and the regular vacancies not having been filled up since number of years. The replacement of one set of ad hoc teachers by inexperienced another set of ad hoc teachers is just a device to pick and choose and in every such transaction the experienced teachers who may have been appointed on ad hoc basis go out and new set of ad hoc teachers may take time to acquaint themselves with the teaching techniques. Learned Sr. Counsel submits that the ultimate sufferers are the students, who are the future of nation and who have every right to augment their knowledge and be able to compete with others who are getting education from other Universities of the country. In the State of Jharkhand, there are no good number of Private RC 9 Universities and as such, the State's role becomes much more important. Learned Sr. Counsel submits that while considering the entire facts and circumstances, this Hon'ble Court may pass appropriate orders for immediate filling up of the regular vacancies of Assistant Professors, Associate Professors and Professors and this Hon'ble Court may also pass orders directing the Universities/State Government to sanction new posts if it is required to meet the student teacher ratio in the Colleges/Universities.
9. Learned Sr. Counsel further urges that this Hon'ble Court may also appreciate that the ad hoc teachers/GHANTI AADHARIT teachers are serving the Universities for considerable long time and have lost their normal age of recruitment as regular Assistant Professors but have no doubt earned sufficient experience of teaching, thus this Hon'ble Court may pass appropriate orders for their absorption and/or for giving weightage to their experience and in case they are made to participate in the regular recruitment process, appropriate age relaxation may also be allowed to them.
10. On the other hand, learned counsel representing the State submits that as and when requisitions are received from the Universities, directions
- cum - recommendations will be made to the Jharkhand Public Service Commission for taking effective steps for appointment of teaching faculties. Learned counsel argues that the State is conscious of the fact regarding filling up of the vacant posts in all the departments including the Universities of the State. The different wings of the Education Department has also been directed to do the needful in this respect so that the educational atmosphere may be improved and brain drain may be stopped. Learned counsel further argues that the State shall take effective measures in order to comply orders and directions of the Hon'ble Court. Learned counsel further argues that JET examination is due and State shall take all endeavour to conduct the examination so that more and more students from Jharkhand may be able to get opportunity to appear in the selection procedures. Learned counsel submits that though there is already much delay in conducting these examination but soon the State machinery will RC 10 take effective measures to do justice to the students of the State who are awaiting for these examinations.
11. Mr. Sanjoy Piprawal, learned counsel representing Jharkhand Public Service Commission makes a candid submission that though earlier the advertisements were floated for appointment of teaching faculties but admittedly sufficient appointments have not been made and as and when fresh requisitions are received from the Universities, the advertisements shall be floated and effective steps for appointment shall be made. The Secretary, Jharkhand Public Service Commission present in the Court submits that the Jharkhand Public Service Commission is bound to act upon as per the orders and directions of this Court. Though much delay has been caused but sooner a direction is issued, the entire process of appointment shall be completed. Learned counsel further argues that the JET examination is due and Commission is taking all effective measures to conduct the same expeditiously in order to give opportunity to the students of Jharkhand.
12. Before delving into the merits of the case it is pertinent to understand the role of Universities in our education system and development of a nation as the Universities are not only a place of education but are a hub of knowledge and research. The term university has been defined under Section 2(f) of the University Grants Commission Act, 1956 which states that-
"University" means a university established or incorporated by or under a Central Act, a Provincial Act or a State Act, and includes any such institution as may, in consultation with the University concerned, be recognised by the Commission in accordance with the regulations made in this behalf under this Act."
13. Majority of the Universities in India are under the direct control and supervision of the state governments primarily, because education is a state subject; and a huge number of graduate, postgraduate and research degrees are conferred on students across disciplines in all the states. The ideal of a university as providing a "well-proportioned education for effective living" has been fused with the goal of increasing access to higher education and improving gross enrolment ratio (GER). Moreover, RC 11 the prime function of the university is not only teaching but academically acceptable and high-quality research output for the use of the nation. It is for achievement of these specific functions that a university is granted requisite autonomy and resources - both human and financial. The key issues that State Universities in India, particularly the State of Jharkhand, is facing are manifold. However, some of the issues that are of serious concern are related to the bodies and councils that govern the Universities. The loopholes in the structural design are primarily responsible for the current poor conditions prevailing in them. The boards and councils are statutory structures and shoulder the prime responsibility of maintaining and enhancing educational quality and administrative accountability in the university system. Increased politicisation in these bodies negativate any positive development. Further, the Universities fail to attract and appoint the best human resources. This aspect is especially significant when it comes to the appointment of teachers. The state universities fall short of making sustained and concerted efforts for attracting the best and brightest of the human resources. State Universities have often indulged into ad hoc appointment of teachers instead of regular appointments which strips away the factum of security from the faculty which is an important aspect of independence of teachers as well as uninterrupted education.
14. In the UGC Regulations for Higher Educations, 2010 it is clearly mentioned that the teachers should be appointed on contractual basis only when it is necessary i.e. in case the student-teacher ratio does not satisfy the laid down norms. There are thousands of contractual teachers who are working in different universities with the hope of regularisation. Appointment of contractual teaching staff has also led to corruption in this profession. The obvious motive is to unfairly place contractual appointees in place of regular appointees in order to circumvent regulatory oversight. Moreover, the practice of appointing teachers on an ad-hoc or temporary basis has significant implications for the quality of higher education. Research and reports reveal that ad-hoc appointments often lead to instability in faculty roles, impacting both teaching standards and students' learning experiences. Ad-hoc teachers typically face lower pay, lack job RC 12 security, and have limited access to benefits and career advancement, which can diminish their motivation and affect their ability to engage in long-term research or curriculum development.
15. The cumulative impact of ad-hocism is a fragmented and often compromised educational environment where students may not receive the full benefits of a stable and invested teaching workforce. Furthermore, this system restricts teachers' capacity to contribute to research and mentorship, ultimately diminishing the institution's overall academic environment and reputation. Addressing this issue through systemic reforms and regularizing teacher positions is seen as essential to upholding educational quality and supporting the professional growth of faculty members. Further, there is serios lack of time-bound recruitment process. Time bound recruitment with proper data on vacancies available is essential for maintaining certainty in appointment policies. State Universities particularly lack any agency audit to find out how many times an institution has advertised the post and whether posts are filled up or not. There is lack of urgency to fill posts in case of retirement. The vacant posts in some instances remain vacant for years leading to functional paralysis in the institution. Further, large number of unfilled vacancies in teaching positions within Jharkhand's higher education institutions significantly impact educational quality, student outcomes, and institutional functionality. Currently, many posts for Assistant Professors, Associate Professors, Professors, and Deans remain vacant, primarily due to administrative inefficiencies, bureaucratic delays, and lack of funding. This shortage has led to increased workloads on existing faculty, often causing burnout and reducing the time and energy available for research, mentorship, and personalized student support.
16. From the prevailing scenario it is apparent that one of the main consequences of all these emerging situation is the decline in teaching quality, as institutions are forced to depend on contractual or underqualified staff who may lack experience or dedication to long-term academic goals. This can dilute academic rigor and lower the quality of RC 13 instruction, ultimately affecting student performance and employability. Jharkhand, with a gross enrollment ratio (GER) lower than many other states, is especially affected as these institutional limitations can deter students from pursuing higher education locally, perpetuating a brain drain as students seek opportunities elsewhere.
17. The State's failure to fill teaching vacancies can exacerbate inequalities by limiting educational advancement in these communities and restricting students' chances for competitive employment, especially as the local economy increasingly requires higher levels of academic and technical expertise.
18. It has been a long-standing trend among universities in Jharkhand to appoint teaching faculty on contract basis thus circumventing the requirement of regular appointments. It has been emphasized by the Hon'ble Supreme Court in Hargurpartap Singh v. State of Punjab and others reported in (2007) 13 SCC 292 that one set of contractual employees should not be replaced by another set of contractual employees. In fact, a constitution bench in Secretary, State of Karnataka and Others v. Uma Devi and Others, (2004) 4 SCC 1 has deprecated practice of appointment of staff on contract, ad hoc or temporary basis. The Court has observed that state should avoid making appointments on temporary, ad hoc or contractual basis, except in exceptional circumstances. To summarise, the State should make endeavour to appoint staff on regular basis and avoid appointment on temporary, ad hoc or contract basis because these appointments are made without following prescribed procedure and entail backdoor entry.
19. The aforesaid issues flagged, resonate accurately with the case at hand. Certainly, policy uncertainty with respect to recruitments/appointments have led to administrative paralysis. This Court, vide order dated 15.10.2024, has deprecated stand of the Universities for running ad-hoc arrangements and flagged the issue of meagre payments under the head of remuneration/honorarium in comparison to their counterparts appointed on regular basis. The issue of RC 14 brain drain was observed in Para-8 of the order dated 15.10.2024, holding therein as under:
"There is phenomenal increase in brain drain in the recent past. The reasons behind the students as well as teachers to move other states or countries is better career opportunities, career growth, and quality of education. It is high time for the state to check all these things and to attract the best brain not only from the state but also from outside the state...."
20. Further, in Para-9 of the order dated 15.10.2024, directions were issued to the Vice-Chancellors along with Registrars of all Government Universities situated in the State of Jharkhand and the Principal Secretary, Higher, Technical Education and Skill Development Department along with the Director, Higher Education, Government of Jharkhand, Ranchi to be physically present in the Court to assist the Court. Further, this Court clearly asked to bring on records figures regarding subject-wise and category wise vacant posts as well as steps taken to fill-up those vacant posts. Pursuant thereto, counter affidavits were filed by the respondents- Universities which reveals the vacancy positions in the respective Universities in the State of Jharkhand, which are as under: -
DATA RELATED TO VACANT POSTS IN DIFFERENT UNIVERSITIES S.No Universities Assistant Professor Associate Professor Professor
1. Ranchi University Sanctioned post-850 Sanctioned Sanctioned Total vacant post - 528 Post - 121 Post - 47 Regular - 431 (2023) Vacant post- Vacant Backlog - 37 (2023) 121 post-46 Regular vacancy as in 2018 - 60
2. Sidho Kanho Sanctioned Post- 809 Sanctioned Sanctioned Murmu Vacant post - 575 Post- 55 Post- 13 University Vacant post - Vacant post 55 - 12
3. Binod Bihari Sanctioned Post - 536 Sanctioned Sanctioned Mahto Vacant post - 373 Post- 42 Post- 21 Koylanchal Vacant post - Vacant post University 42 - 21
4. Dr. Shyama Sanctioned Post- 106 Sanctioned Sanctioned Prasad Vacant post (Regular Post- 20 Post- 20 Mukherjee Appointment) - 54 Vacant post - Vacant post University Vacant post (Backlog 20 - 20 Vacancies) - 25
5. Jamshedpur Sanctioned Post - 57 Women's Vacant post - 37 University RC 15
6. Jharkhand Sanctioned Post - 16 Sanctioned Sanctioned Raksha Shakti Vacant post - 12 Post - 8 Post- 4 University Vacant post - Vacant post 8 -4
7. Kolhan University Sanctioned Post - 753 Sanctioned Sanctioned Vacant post -508 Post- 64 Post- 23 Note - Requisition sent Vacant post - Vacant post for 476 posts 64 - 23 Net Vacancy - 32
8. Nilambar Sanctioned Post - 436 Sanctioned Sanctioned Pitambar Vacant post - 326 Post - 54 Post - 21 University Vacant post - Vacant post 54 - 21
9. Vinoba Bhave Sanctioned post - 770 Vacant post Vacant post University Requisition sent for - for roster for roster 436 clearance - 44 clearance -Request sent for roster 15
clearance - 115
10. Birsa Agricultural Sanctioned Post - 420 Sanctioned Sanctioned University Vacant post - 313 Post- 208 Post- 75 Requisition - 76 Vacant post - Vacant post Appointment based on 205 - 73 JPSC recommendation - Requisition - Requisition 16 72 - 25
11. Jharkhand Sanctioned Post - 15 Sanctioned Sanctioned University of Vacant post - 8 post-10 Post- 5 Technology Vacant post - Vacant post 10 -5
21. In the State's affidavit filed on 25.10.2024, at Para-10, the sanctioned posts of Associate Professors and Professors as well as the vacant positions on those posts have been depicted and it is very surprising that as against total 574 sanctioned posts of Associate Professors and Professors, altogether 571 positions are vacant therefore, it is evident that the Universities are functioning without Associate Professors and Professors. Annexure-B to the said State's affidavit further shows that most of the requisitions have been sent by the Universities only on 24.10.2024 i.e. after passing of the orders by this Hon'ble Court. Upon perusal of the above data, as well as the various affidavits filed by the Universities and the State authorities, it can very comfortably be inferred that majority of the posts of Assistant Professors are vacant in the Universities and the vacancies on the posts of Associate Professors and Professors is almost 100%. The premier institutions like Birsa Agricultural RC 16 University and Jharkhand University of Technology are also working in the same fashion. Some requisitions are also claimed to have been sent to J.P.S.C. way back in October, 2023, but no selections have been made and rather various recommendations are pending in relation to the advertisements of 2018 itself. In the aforesaid state of affairs which can be attributed to no timely actions by the universities, no effective intervention by the State Government and no positive actions taken by the J.P.S.C, the Universities and the colleges constituent or affiliated with them are forced to work in the reign of ad hocism, thus it can safely be said that no care has been taken to augment the academic as well as research atmosphere in the Universities. It is also a big question as to whether the posts sanctioned in the universities are sufficient in the view of the growing number of students and the position goes worse when even the sanctioned posts are not filled up and the universities are working with almost no Associate Professors and Professors.
22. This Court, vide its order dated 22.10.2024 passed in the present case had deprecated the ad-hoc arrangements in institutions and emphasized the vital role of the Vice-Chancellors stating that their role needs to be effective for shaping the future of the students. This Court further emphasized the need for pay parity among the contractual and regular employees who are similarly situated by stating that -
"It is the concern of the Court that huge amount of the State Exchequer is spent on ad hoc appointees while there are vacant sanctioned posts. It has been flashed in the Media that teaching faculties are protesting for getting equal pay is being given to the regular teaching faculties. Even assuming that protest is genuine, and they should get equal pay to that of similarly situated persons appointed on regular basis, but the Universities situated in the State cannot be allowed to run by way of such type of ad-hoc arrangements."
23. This Court, vide order dated 22.10.2024 had further raised its concern about the multiple issues contributing to the delay in the regular appointment of University teachers, where the Jharkhand Public Service Commission (JPSC) plays a significant role. The order mentions that although the Universities have sent requisitions to JPSC for filling RC 17 teaching positions, delays in advertisement and action by JPSC have occurred. This is partly due to pending amendments in the relevant statutes required to proceed with recruitment. Without these amendments, the recruitment process cannot move forward. Further, there are vacancies in key positions in JPSC. The absence of a Chairman at JPSC has greatly hampered the recruitment process. As the order notes, other ongoing examinations and recruitment processes, including for JET and Judicial Services, have further strained JPSC's capacity, leading to prolonged delays in addressing the universities' requisitions. Due to delay on part of the JPSC in regular appointments, the Universities have increasingly relied on ad-hoc faculty, referred to as "GHANTI AADHARIT SHIKCHAK," which affects the stability and quality of education. This Court deprecates this ad-hoc approach, emphasizing that it should not continue indefinitely. The Court further observed that the constitution of College Service Commissions or the University Service Commissions be done for taking effective steps in the interest of the students for regular appointments of the teaching faculties of the Universities in the State of Jharkhand.
24. The Hon'ble Supreme Court of India in para 9 of Farzana Batool v.
Union of India and Ors. reported in 2021 SCC OnLine SC 3433 has observed as follows-
"...While right to pursue higher (professional education) has not been spelt out as a fundamental right in Part III of the Constitution, it bears emphasis that access to professional education is not a governmental largesse."
Further, Article 26(1) of the Universal Declaration of Human Rights, which is a source of persuasive value, obligates every state party to ensure that technical and professional education is made generally available. Furthermore, the observations of the ICESCR committee's observations also becomes significant in this regard. It pertinently notes that disparities in spending policies that result in differing qualities of education for persons residing in different geographical locations may constitute discrimination under the Covenant. The state of affairs persistent in the state of Jharkhand, has significantly contributed to downgrading the RC 18 quality of education in the state which has put the students as well as faculties in disadvantage.
25. Moreover, in the State of Jharkhand where significant population constitutes of Scheduled Tribes, the prevailing conditions act as deterrent to their growth and economic development. There is an obligation on the State under Article 46 of Part IV of the Constitution of India to promote educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. Further, it can also be construed that the citizens cannot fulfil their Fundamental Duties under Part IVA of the Constitution of India without positive assistance from the state. The Fundamental Right Article 51A(h) i.e. To develop scientific temper, humanism and the spirit of inquiry and reform; cannot be achieved without quality education. The poor condition of higher education in fact acts as a deterrent to citizens striving towards excellence in spheres of individual and collective activity. In turn, it slows down the progress of the state in particular and the nation in general to higher levels of endeavour and achievement.
26. An Article by Professor Phillip G. Altbach (Erstwhile director of the centre for International Higher Education at Boston College) titled "Costs and Benefits of World Class Universities" published in the year 2004 in the journal by American Association of University Professors, summarises the various characteristics common among world class universities eg. Cambridge and Oxford Universities. These characteristics though not agreed upon by experts' rights gives a point of reflection which could be applied on the state universities in Jharkhand as well.
(i) Top Quality Professors are central to the research excellence in a university. To attract and retain the best academic staff, favourable working conditions must be available. These include arrangements for job security - many countries call it tenure - appropriate salaries and benefits.
(ii) Academic Freedom and an atmosphere of intellectual excitement are essential.
(iii) World Class Universities have significant measure of internal self-
governance and an entrenched tradition, often buttressed by statutes, ensuring that the academic community has control over RC 19 the central elements of academic life - the curriculum, the selection of new members of the professoriate etc.
(iv) In addition, adequate funding must be available to support the university's research and teaching as well as its other functions, and the support must be consistent and long term.
27. A reference here can be made to the Case Study: Faculty Appointment, Development, and Job Security in China's World-Class Research Universities. China's journey to establishing world-class research universities involved a strategic, government-supported approach that prioritized faculty quality, development, and job security. Through initiatives like the 211 Project and 985 Project, China enhanced its top universities by funding recruitment of globally recognized scholars and implementing systems to support long-term faculty development and stability.
Further, a reference can also be made to the Case Study: Faculty Development and Job Security at IISc Bangalore. The Indian Institute of Science (IISc) Bangalore, one of India's premier research institutions, offers a successful model of faculty appointment, development, and retention. IISc Bangalore places a high emphasis on hiring talented faculty with global experience, often recruiting scholars from leading institutions worldwide. The institute's commitment to faculty development is evident in its support for research, access to state-of-the-art facilities, and opportunities for interdisciplinary collaboration, which have helped it maintain a strong international reputation.
28. Summing up the discussion, it can be stated that the Lecturers/Assistant Professors, Associate Professors and Professors play a key role in shaping the future of a student and are the backbone of the State and even of the Nation and the future of students depends upon them. The students coming out from the Universities are the future of our country and therefore, the appointments of the teaching faculties in the Universities in the State cannot be withheld for such a long span of time. The state of Universities in Jharkhand underscores a pressing need for systemic reform to elevate educational standards, improve faculty RC 20 recruitment and retention, and address political interference. Jharkhand's higher education institutions, like many state universities in India, grapple with structural, administrative, and financial challenges that compromise their ability to provide high-quality education and research output. The reliance on ad-hoc appointments, bureaucratic delays in recruitment, and insufficient resources weaken Jharkhand's academic environment, leading to faculty insecurity and impeding consistent student engagement.
29. The situation of the Universities in the State of Jharkhand reveals deep-rooted gaps in policy and administrative accountability, highlighting the detrimental effects of temporary contracts on educational quality and faculty morale. The observation of this Court regarding vacant posts, delayed actions by the Jharkhand Public Service Commission, and ad-hoc staffing further illustrate the systemic neglect. This environment not only diminishes faculty commitment but also fuels brain drain, as skilled professionals and students increasingly seek opportunities outside the state. Global examples of world-class institutions--such as China's Flagship Universities and IISc Bangalore--demonstrate that academic excellence is closely tied to strategic faculty appointments, long-term job security, and robust infrastructure. For Jharkhand to improve its higher education landscape, universities must prioritize transparent recruitment processes, equitable pay, and professional development opportunities for faculty. Drawing from international best practices, the concerned authorities of the State of Jharkhand can work toward creating a supportive, research-oriented environment that empowers both faculty and students, ultimately fostering a more dynamic and competitive academic community.
30. Without these necessary reforms, Jharkhand's State Universities risk falling further behind, perpetuating socioeconomic disparities and limiting the state's intellectual growth. It is therefore essential that Jharkhand embraces policies that support regular faculty appointments, adequate funding, and autonomy for university governance. Such measures are crucial for building institutions that contribute meaningfully to the state's progress and to India's broader educational goals, thereby ensuring that RC 21 Jharkhand's universities serve as beacons of knowledge, innovation, and opportunity.
31. This Court, after hearing the parties at length across the bar, is of the considered view that admittedly large number of vacancies are there but instead of taking effective steps for filling-up of the regular vacancies, the Universities are proceeding with adhoc appointment, contractual appointment and GHANTI AADHARIT SHIKSHAK, the Court is more concerned about the quality of education and the loss to the State as well as phenomenal brain drain of skilled professionals etc. in recent past. The students as well as the teachers are migrating other States or the countries for better career opportunities. It is high time for the State to provide an atmosphere in order to check all these things and to attract the best brain not only from the State but also from outside the State.
32. Earlier this Court, vide its order dated 22.06.2006, passed in W.P.(S) No. 1059 of 2006 [Jharkhand BET-NET Association Vs. The State of Jharkhand & Others], had issued directions holding therein as under:
"... ... ...
The Vice Chancellors of the Universities of the State of Jharkhand and Jharkhand Public Service Commission were directed to give time frame for appointment to the posts of Lecturer, as vacant in different Constituent Colleges of the Universities and University Departments. Affidavits were filed, but no specific time frame was given. Although, most of the Universities informed that they have forwarded the details of vacant posts of Lecturer to the State Government, they could not explain as to whether under the law there was any requirement to take prior approval of the State Government for filling up the existing vacant posts of Lecturer in Constituent Colleges ad Universities. In the background, the Vice Chancellors of Ranchi University, Ranchi; Vinoba Bhave University, Hazaribagh,; Sidho Kanho Murmoo University, Dumka; the Secretary, Higher Education, Government of Jharkhand, Ranchi and the Secretary, Jharkhand Public Service Commission, Ranchi were directed to appear and assist the Court.
The matter was discussed with the aforesaid officials and the Vice Chancellors of the Universities. It was pointed out that the Universities of the State, being autonomous bodies, the State Government cannot interfere with their day-to-day functioning. It is only at the time of creation of posts and appointment, the University is required to obtain prior sanction and approval of the State Government under Section 35 of the Universities Act.RC 22
For making requisition to Public Service Commission to fill up the vacant posts, in absence of any requirement under the law to take prior approval of the State Government, the University can make straightaway requisition to the Public Service Commission, showing the number of vacancies."
33. From perusal of affidavits of the State as well as the Universities, this Court takes serious judicial notice of the aforesaid state of affairs in the Universities of Jharkhand which are primarily running on ad hoc arrangements, as regular vacancies not having been filled up since a number of years. In the interest of justice, this Court, taking serious view of the matter, passes the following orders directing the Principal Secretary, Higher, Technical Education and Skill Development Department, Government of Jharkhand, Ranchi; Director, Higher Education, Government of Jharkhand, Ranchi; the Vice Chancellors of the Universities and the Secretary, Jharkhand Public Service Commission to take effective measures to do the needful in the facts and circumstances discussed hereinabove.
(i) The Department of Higher, Technical Education and Skill Development, Government of Jharkhand, Ranchi, in coordination with the University Grants Commission as well as the Jharkhand Public Service Commission and the other agencies, if required, shall take all endevour to remove the discrepancies/deficiencies, if any, in Recruitment Rules. The State shall also take effective steps for necessary amendment, if so required, in order to streamline the process of recruitment.
(ii) The Principal Secretary, Higher, Technical Education and Skill Development Department, Government of Jharkhand, Ranchi and the Director, Higher Education, Government of Jharkhand, Ranchi are directed to take effective steps in order to comply direction of this Court and further to take necessary steps for sanction of new posts, if any and if not already sanctioned till date. The Director, Higher Education, Government of Jharkhand, Ranchi shall further take necessary steps to streamline the process of recruitment.
RC 23(iii) Abovementioned direction (i) and (ii) shall be complied with by the authorities concerned within a period of two months from today itself.
(iv) The Vice Chancellors and the Registrars of the Universities of the State of Jharkhand, (save and except the Technical Universities) are directed to make requisitions as per the data furnished in their respective affidavits or as per the new vacancies, if any, within a further period of two weeks, if not already sent.
(v) The Jharkhand Public Service Commission, upon receipt of the requisition, shall seek opinion of the State Government for floating the advertisement and invite application from eligible candidates for appointment of teaching faculties against sanctioned and vacant posts and complete the recruitment process, within a period of two months thereafter. Further, the State Government shall finalise the matter of appointment within a period of one month thereafter.
(vi) The State Government, if required, may also consider for constituting the College Service Commission or the University Service Commission but those considerations will not come in the way of floating of the advertisement by the Jharkhand Public Service Commission in view of the fact that this Court does not want to make any further delay.
(vii) The affidavit of the respective Universities showing vacancy positions shall be taken care of, however, if any new vacancy arises, the same shall also be taken into consideration and accommodated.
(viii) It is informed that the Jharkhand Eligibility Test (JET) has not been held since the year 2006 - 07 and the JPSC has already come out with a press communique dated 07.03.2024 for conducting JET Examination shortly. In this view of the matter, the JPSC is free to conduct JET Examination at the earliest and also take all effective measures to conduct all such examinations on regular basis so that future of the candidates is not affected. There is no bar in conducting JET Examination and this Court thinks that by way of conducting JET Examination, the candidates so declared successful, may get an RC 24 opportunity to participate in the ensuing recruitment process for their appointment to the post of Assistant Professor in the Universities and Colleges.
(ix) Since regular appointments have not been made for decades and persons are working on contractual basis as well as GHANTI AADHARIT basis, their cases may also be considered for giving weightage to their experience in accordance with law and as per provisions of Statute/recruitment rules. In case such candidates are allowed to participate in ensuing regular appointment process, the authorities may consider for grant of appropriate age relaxation in accordance with law in view of the fact that they have rendered longer period of service.
(x) Let the entire process be completed within a period of four months from the date of receipt/ production of a copy of this order. It is expected that the different wings of the Government including Department of Higher, Technical Education and Skill Development, Government of Jharkhand, Ranchi; State Universities of Jharkhand as well as the Jharkhand Public Service Commission shall cooperate and coordinate in order to effective compliance of direction of this Court and in order to build a healthy academic atmosphere in the Universities.
34. Let it be made clear that if orders and directions of this Court is not complied with in true letter and spirit, which has been passed in large public interest, this Court will not shut its eyes and will be free to take appropriate steps in accordance with law fixing responsibilities upon the persons/officers concerned who may be responsible for not completing the process of appointment within the stipulated period as stated hereinabove.
35. This Court appreciates the valuable assistance given by the Vice Chancellors and Registrars of the Universities for proper adjudication of the case and their candid approach towards taking effective steps for filling-up of the vacancies. This Court further appreciates the valuable and able assistance of Mr. Prashant Pallav, learned counsel appearing on RC 25 behalf of the Chancellor and Mr. Anoop Kumar Mehta, Mr. Abdul Allam, Dr. Ashok Kumar Singh and Mr. Subhashish Rasik Soren, learned counsel appearing on behalf of respective Universities. This Court has all praise for Mr. Sanjoy Piprawall, learned counsel representing Jharkhand Public Service Commission.
36. With the aforementioned observations and directions, all these writ petitions stand disposed of.
(Dr. S.N. Pathak, J.) RC 26