Ms. Sonika Kohli And Anr. vs Union Of India (Uoi) And Ors. on 27 August, 2003
11. There is yet another aspect of the matter. The teachers appointed on contract basis have taken up the assignment knowing it full well that they are to be substituted and replaced by the regularly selected teachers. Earlier on the expiry of the term of contract appointment, when it was not proposed to be extended, a chain of litigation ensued. Matter was considered by this Bench, Punjab & Haryana High Court as well as the Supreme Court in different cases filed by the contract teachers. All these cases have been discussed in Krishan Kumar's case. The firm legal position which flows from the various decisions is that all the contract appointees are subject to replacement and substitution by the teachers appointed on regular basis in accordance with statutory rules. Some of the present applicants have prayed for a direction to the respondents to regularise their services after framing a scheme. If this prayer is allowed it would tantamount to setting at naught and rendering nugatory all the decisions rendered in the past. The various decisions on which reliance has been placed by the learned Counsel for the applicants who have claimed regularisation of their services are not applicable to the facts of the case, particularly keeping in view the statutory rules.