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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 take effective measures to do justice to the students of the State who are awaiting for these examinations.

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 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.

"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: -

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.