- (1.) Joint written statement filed on behalf of respondents No. 1 to 15 in Court today, is taken on record. The petitioners, who number 712 in the instant writ petition, were engaged as guest faculty teaching staff, so as to ensure, that the ongoing academic session does not conclude without adequate teaching faculty. There are certain documents on the record of this case suggesting, that there was a shortage of approximately of 13000 teaching staff in government teaching institutions in the State of Haryana. The Financial Commissioner-cum-Principal Secretary to Government of Haryana in the Department of Education, therefore, evolved guidelines to engage teachers as guest faculty in order to tide over the afore-stated short fall. The aforesaid guidelines which appeared in the 'Dainik Bhaskar' dated 17.12.2005, have been placed on the record of this case as Annexure P-4, relevant part thereof is being extracted hereunder for facility of reference:- "CRIETIA, PROCEDURE AND REMUNERATION You are directed to follow the following guidelines while making the engagement of teachers as guest facility: CRITERIA :- 1. The Principal/Headmaster/DDO (in case of vacancy of Headmaster and Principal and also in case of Elementary Schools) of the concerned School are authorised to assess the short fall of Teachers keeping in view the sanctioned posts of teachers and the enrollment of students. 2. The minimum prescribed periods for lecturers/Masters/C&V Teachers are 30, 36 and 39 respectively for one week. If in any school the post of any subject is vacant or the demand of periods exceeds full workload as per the above norms then a Guest Faculty arrangement be made. 3. That such offers will firstly be made to Retired Teachers who had received National/State Awards or who enjoyed an excellent reputation for knowledge in the subject. If such good retired Teachers are not available, then the Head of the Institution will engage other Teaches on Guest Faculty having prescribed qualifications as applicable to regular teachers. For this the powers are delegated to the level of Principal/Headmaster/DDO. 4. The application should fulfil all the qualifications prescribed for the post as laid down in the Service Rules for direct recruitment. This offer will be made only to those who possess superior qualifications to the minimum prescribed qualifications. PROCEDURE :- I. The Head of institutions would engage teachers on Guest Faculty on the basis of vacancies and the workload. II. The Principal/Headmaster/DDO after assessing the requirement will display the requirement on a board displayed at the Main Gate of the Institution. In case of schools having post of Principal or Headmaster vacant, the DDO/BEO would assess the requirement and will display the same on the board. BEO will also assess the requirement of elementary school teachers. III. The applications should be submitted by the applicants offering their services for engaging the Guest Faculty for the specific period, from the date of engagement till 31.3.2006 only. IV. The Principal/Headmaster/DDO will process all the applications received. If the Principal/Headmaster/DDO receives applications more than the vacancies for that academic session, then he/she shall give preference to the applicants having higher academic merit. While appointments in the guest faculty, the preference will be given to the candidate of that very village/area. The merit list of such candidates would be prepared. If the candidate of that concerned area is not available then the merit list of candidates of that division will be prepared. IInd preference will be given to the candidates of that division. IIIrd preference will be given to the candidates of that district. V. As and when a regular appointee is posted to that school (whether, after regular direct recruitment or after promotion or after adjustment or after transfer) the Head of the Institution will dispense with the services of the person engaged on Guest Faculty of that category of post. It is not an appointment but job work offer on period basis on prescribed rates. This is with view to take case of studies of students where regular teachers are not available in the school. REMUNERATION :- The teachers engaged on guest faculty will be paid remuneration/honorarium as the detail below:- JUDGEMENT_613_LAWS(P&H)3_2006.htm
(2.) The guest faculty should be engaged on the basis of merit. The pick and choose method should not be adopted. The applications be called from all the eligible candidates upto 20.12.2005. The teachers should be engaged on the basis of requirement as per workload and vacancy. 3. All the terms and conditions including mode of payment should be displayed on the main gate of the institution. Transparency to be followed in this respect. The details of periods taken by the teachers engaged as guest faculty be maintained in a regular. 4. Such teachers should be engaged on the basis of agreement for a specific period indicating the periods to be allotted to the teachers. 5. The guest faculty teacher will produce his monthly bill at the end of the month as per terms and conditions laid down in the agreement."
(3.) Having perused the guidelines extracted above, and having heard learned counsel for the rival parties, we are satisfied, that the afore-stated criterion adopted for inducting the staff as guest faculty was purely a-political. All the petitioners in the instant writ petition were engaged by the procedure depicted in the guidelines/criteria extracted above. The petitioners were engaged during the month of December, 2005. As per the criteria, their engagement can continue only upto 31.3.2006, and not thereafter. It is this aspect of the matter which has bothered the petitioners and has brought them to this Court. They seek continuation in service till regular engagement is made by the State government through a regular process of selection. This claim of the petitioners primarily emerges from the decision rendered by the Apex Court in Hargurpartap Singh and others v. State of Punjab and others (Civil Appeal No. 8745 of 2003, decided on 7.11.2003).;