Supreme Court Asks NLU Jodhpur To File Progress Report On Regularisation of Staff

Recently, the Supreme Court (On October 31) asked the National Law University, Jodhpur, to submit a progress report regarding the regularisation of its faculty within two months. This matter is related to the University mainly employing teachers on contract basis. The Court had earlier expressed concerns about the University having only contractual staff.

The matter was placed before the Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia.

The direction was passed after the Bench was apprised by the University that a new Vice Chancellor has taken over the administration and further a scheme has been set out for having regular staff. Senior advocate Dhurv Mehta appeared for the University.

Previously, the Court noted that the University has no Vice Chancellor, and that Registrar is also a contractual staff while also expressing serious concerns at the University operating only with contractual teachers.

However, the Bench opined that it would prefer the NLU remedying the situation itself rather than the Court interfering.

Thus, in the present order, the Court while asking for the progress report also marked that there is no harm in analysing the mentioned issue in view of the reform measures being taken.

The Apex Court was tasked with hearing an appeal challenging Rajasthan High Court’s order. Therein the High Court, among other findings, also struck down the service regulations, employing for teachers on contractual basis as being ultra-vires of Articles 14 (Equality before law), 16 (Equality of opportunity in public employment) & 21 (Right to Life) of the Indian Constitution.

“the Service Regulations providing for employing teachers on contract basis for a tenure or on ad hoc term only and providing for termination of contract by giving one month’s notice are manifestly arbitrary and unreasonable and in clear negation of Articles 14, 16 & 21 of the Constitution.,” held the High Court.

Case Title: The National Law University Jodhpur v. Prashant Mehta & Ors | Special Leave to Appeal (C) No(s). 13762- 13764/2019