LI Network
Published on: December 28, 2023 at 21:57 IST
Justice Subramonium Prasad of the Delhi High Court has issued a notice in response to a plea challenging the appointment of teachers on a contractual basis in universities governed by the UGC Regulations, 2018, despite existing vacancies in permanent/regular teaching staff positions.
The petitioner, Saurav Narayan, seeks a directive for the strict enforcement of Clause 13 of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2018. This clause stipulates that teachers should only be appointed on a contract basis when absolutely necessary.
The petitioner’s grievance is that several universities, including Delhi University, are appointing teachers (Guest Faculty) on a contract/temporary basis beyond the prescribed norms, exceeding the fixed 10 percent limit. Specifically, in the context of Delhi University’s Faculty of Law, the petitioner notes that there are 287 sanctioned posts for teaching staff on a permanent/regular basis. However, according to information available on the university’s website, only 129 teaching staff are employed under said basis.
The petitioner contends that over 35 percent of teachers (Guest Faculty) were recruited on a contract/temporary basis in Delhi University’s Faculty of Law in October 2023 alone, violating Clause 13 of the UGC Regulations, 2018.
Supporting the case, the petitioner cites the Union of India’s response to Unstarred Question No. 1075 dated July 26, 2021, in Lok Sabha, indicating 900 vacancies in teaching posts at Delhi University as of April 1, 2022.
Additionally, the petitioner refers to a Supreme Court observation in Special Leave to Appeal (C) No(s). 13762-13764/2019, expressing concern about a National Law University operating primarily with contractual teachers, contrary to the UGC Regulations.
Reportedly, the petitioner had raised the issue in two representations before filing the petition, yet no action was taken. Instead, Delhi University advertised 70 positions for Guest Faculty on October 11, 2023, concerning the Faculty of Law.
The matter is scheduled for consideration on March 13, 2024.
The case is titled Saurav Narayan v. University Grants Commission & Ors., W.P.(C) 16589/2023.