Recently, the Supreme Court has expressed its disapproval and concern regarding the practice of employing teachers on a contractual basis at National Law University (NLU) Jodhpur.

The division bench of the Supreme Court comprising, Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said that such a arrangement is not in line with acceptable and desirable standards.

"...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."

Case Brief -

In the said matter, the Court was hearing NLU Jodhpur’s appeal challenging the decision of the Rajasthan High Court ruling ,that the University, being a statutory body, was not expected to employ its staff, including teachers, on a contractual basis when their duties were perennial in nature. 

The High Court had invalidated the Service Regulations of NLU, which permitted the exclusive use of contractual employment for teachers. On June 24, 2019, the Supreme Court issued a stay order, temporarily halting the implementation of the High Court's directions.

Before the Supreme Court, the argument was presented that even the revised regulations introduced by the University, which propose a 50 percent permanent staff and 50 percent contractual hires ratio, have not been put into effect.

It was observed that in accordance with the University Grants Commission Regulations, only a maximum of 10 percent of a university's staff can be employed on a contractual basis.

"We would like an educational institution to remedy the position itself rather than we being called upon to remedy the position," the Court observed.

During the hearing, the Court was told that even the position of Vice-Chancellor is vacant at present and the Registrar is also operating on a contractual basis. 

The next date of hearing is on 31st October.

Case Title -The National Law University Jodhpur v. Prashant Mehta & Ors

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