Rajasthan High Court - Jaipur
Santosh Sharma And Ors vs State Of Raj & Ors on 23 August, 2012
Author: Mn Bhandari
Bench: Mn Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR ORDER 1.SB Civil Writ Petition No.5252/2011 Sheli Sharma & ors versus State of Rajasthan & anr 2.SB Civil Writ Petition No.1084/2011 Parmeshwar Garg & ors versus State of Rajasthan & anr 3.SB Civil Writ Petition No.4518/2011 Santosh Sharma & ors versus State of Rajasthan & anr 4.SB Civil Writ Petition No.824/2011 Jagdish Prasad & ors versus State of Rajasthan & anr 23.8.2012 HON'BLE MR. JUSTICE MN BHANDARI Mr Sunil Kumar Jain Mr Ashwini Jaiman for petitioners Mr BS Rajawat, Dy GC for respondents BY THE COURT:
The controversy raised by the petitioners is in regard to pay given to the Lecturers appointed on contract basis.
It is submitted that as per the University Grants Commission norms one is entitled to the salary at par with the regularly selected and appointed Assistant Professor. The respondents passed an order on 26.2.2010 denying the benefit of salary as per UGC norms, accordingly, respondents may be directed to re-consider case of the petitioners in the light of the UGC Regulations of 2010.
I have considered the submission and perused the record.
The UGC Regulation 13.1, as referred by learned counsel reads as under:-
13.1 The teachers should be appointed on contract basis only when it is absolutely necessary and when the student-teacher ratio does not satisfy the laid down norms. In any case, the number of such appointments should not exceed 10% of the total number of faculty positions in a College/ University. The qualifications and selection procedure for appointing them should be the same as those applicable to a regularly appointed teacher. The fixed emoluments paid to such contract teachers should not be less than the monthly gross salary of a regularly appointed Assistant Professor. Such appointments should not be made initially for more than one academic session, and the performance of any such entrant teacher should be reviewed for academic performance before reappointing her/ him on contract basis for another session.
In view of limited prayer made by learned counsel and taking note of the UGC Regulation 13.1, quoted above, the respondents are directed to reconsider the case of the petitioners for entitlement of their salary as contractual Lecturers. Necessary consideration may accordingly be made in the light of the Regulation quoted above within a period of two months. In case of favourable order, benefits arising out of it may be granted to the petitioner and, in case of adverse order, it should be speaking one. The petitioners would then be at liberty to approach this court again.
With the aforesaid directions/ observations, all these writ petitions stand disposed of.
(MN BHANDARI), J.
bnsharma All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.
(BN Sharma) PS-cum-J