HC cautions University of Kashmir against “hire and fire” policy, restrains it from replacing existing contractual lecturers

STC NEWS DESK
SRINAGAR, NOVEMBER 08 (STC): The University of Kashmir has been restrained by the High Court of Jammu and Kashmir and Ladakh from replacing its existing contractual lecturers “by making similar arrangements under a change of nomenclature.” The Court has also cautioned the university against the “hire and fire” policy and termed such administrative practices impermissible under law.
The court in its judgement has observed that the University must refrain from creating new titles or temporary designations merely to replace existing appointees performing the same academic duties. “Experienced teachers are more valuable to institutions than new ad hoc recruits unfamiliar with the system,” the Court said, adding that frequent replacement of teachers disrupts learning and harms students.
Notably, a Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar passed the direction while deciding a batch of appeals filed by the University challenging a single-judge order that had allowed contractual lecturers to continue until regular appointments were made.
Meanwhile, referring to various Supreme Court judgements in its order, the Court reaffirmed that one ad hoc or temporary employee cannot be replaced by another of the same status, the Bench clarified that such contractual staff cannot claim perpetual continuation where their appointments are not against substantive posts.
The University has been allowed to engage temporary or visiting faculty when genuinely required but directed it to give first preference to those who have already served and gained teaching experience in earlier sessions.
The Division Bench also directed the University to place the judgment before the Bar Council of India for assessing faculty strength in the Law Department and ensuring compliance with the Rules of Legal Education, 2008.
The Court has cautioned the University of Kashmir against adopting a “hire and fire” policy in engaging contractual teachers and underscored that academic continuity and educational quality must remain the guiding principles in university administration.
(Straight Talk Communications)