Delhi HC Issues Notice In Plea Challenging Appointment Of University Teachers On Contractual Basis Despite Vacancies In Permanent Posts

The petition, filed by one Saurav Narayan, seeks direction for 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, which provides that teachers should be appointed on contract basis only when it is absolutely necessary.

The grievance underlying the petition is that various universities, including the Delhi University, are appointing teachers (Guest Faculty) on contract/temporary basis beyond the prescribed norms i.e. more than the fixed 10 percent limit.

Particularly in the context of Delhi University's Faculty of Law, the petitioner highlights that there are 287 sanctioned posts for teaching staff on permanent/regular basis. However, as per information available on the University's website, only 129 teaching staff are employed with the Faculty on said basis.

It is claimed that over 35 percent teachers (Guest Faculty) were recruited on contract/temporary basis in Delhi University's Faculty of Law in October, 2023 alone, in violation of Clause 13 the UGC Regulations, 2018.

In support of his case, the petitioner cites Union of India's response to Unstarred Question No. 1075 dated July 26, 2021 in Lok Sabha, as per which there were 900 vacancies in Teaching Posts in the Delhi University as on April 1, 2022.

He also relies on the following observation made by the Supreme Court in Special Leave to Appeal (C) No (s). 13762-13764/2019:

“…we find it a matter of great concern that a National Law University, which are institutions in forefront of legal education should operate only with contractual teachers. To say the least, this is unacceptable and undesirable…As per the University Grants Commission Regulations, it should be only 10 per cent contractual staff.”

Reportedly, the petitioner had made two representations raising the issue before filing of the petition, yet no action was taken. Instead, the Delhi University advertised 70 positions of Guest Faculty on October 11, 2023 w.r.t. the Faculty of Law.

The matter is next listed for consideration on March 13, 2024.

Senior Advocate Sanjoy Ghose with Advocates Md. Imran Ahmad and Rohan Mandal appeared for petitioner

Advocates Anshuman Sharma and Azaz Ahmed appeared for respondent No.1 (University Grants Commission)

Senior Panel Counsel Richa Dhawan with Advocates Anuj Chaturvedi and Shreya Manjari appeared for respondent No.2 (Union of India)

Advocates Mohinder J.S. Rupal and Hardik Rupal appeared for respondent No.3 (University of Delhi)

Case Title: Saurav Narayan v. University Grants Commission & Ors. W.P.(C) 16589/2023