HC stays Govt order to regularize adhoc lecturers

Jammu and Kashmir High Court has stayed a government  order to regularize the adhoc lecturers without referring their case to Public Service Commission (PSC).

The General Administration Department had issued an order toregularise the in-charge/ adhoc lecturers as lecturers as “one-time exemption”after getting approval from the State Advisory Council (SAC).

   

However, the High Court has stayed the “one – time exemption”Government order No. 114 GAD of 2019 dated 23 January, 2019.

Muhammad Zaffar and others through their counsel M R Qurashihad filed a petition in Jammu and Kashmir High Court challenging the GAD order.After hearing advocate Qureshi, the court stayed the government order toregularise the in-charge lecturers without referring their case to the Jammuand Kashmir Public Service Commission or DPC under section 133 of theConstitution of the state.

Advocate Qurashi told Greater Kashmir that the Governmentorder No. 114 GAD of 2019 dated 23 January 2019 is not only illegal, but hasalso been passed in violation of law and rules.

“The GAD order is even contrary to the law laid down by theSupreme Court of India in Suraj Parkash Gupta versus State of Jammu and Kashmirand others,” he added.

He said that “the SAC was also allegedly misled by theofficials to regularize in charge/ adhoc lecturers.  It could not have been done without referringtheir cases to DPC / Jammu and Kashmir Public Service Commission.”

Qureshi said that the officials got approval from the SAC byprojecting that if the in charge/ adhoc lecturers are promoted as lecturers,then posts will fall vacant for confirmation of ReTs as grade two teachers.”After the order was issued by the GAD the directly recruited lecturers(selected by the JKPSC) approached the court and got it stayed,” he added.

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