New Delhi: The Supreme Court has said that it is a matter of great concern that a National Law University, an institution at the forefront of legal education, should operate only with contractual teachers.
A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was surprised to learn that the National Law University, Jodhpur, is being managed by contractual teaching staff only. “To say the least, this is unacceptable and undesirable”, said the bench.
The bench, in an order passed on September 12, said, “We are, however, informed that there is not even a Vice Chancellor at present and the process is at an advanced stage. The Registrar is also stated to be contractual”.
The bench said, "We find it a matter of great concern that a National Law University, which are institutions in the forefront of legal education, should operate only with contractual teachers".
The apex court was informed that now there have been some amendments to the regulations which provide for 50 per cent permanent staff and 50 per cent contractual. “That has also not been implemented as yet! As per the University Grants Commission Regulations, it should be only 10 per cent contractual staff”, it said.
Senior advocate Dhruv Mehta, representing the institute, informed the court that they are not aided institutions. “The point, however, remains that these are supposed to be institutions of excellence and you cannot expect excellence in institutions where there is constant inflow and outflow of teaching staff because they are contractual in character”, said the bench, adding that it is time to remedy the position.
The apex court stressed that it would like an educational institution to remedy the position itself rather than "we being called upon to remedy the position". Mehta requested a short accommodation to appropriately advise his clients. Considering this submission, the top court scheduled the matter for further hearing on October 31, 2023.
The apex court made these observations in a matter arising out of the Rajasthan High Court's 2019 judgment on the appointment of contractual teachers. Advocate Rishabh Sancheti and other counsel represented the respondent teachers, who defended the high court’s ruling, before the apex court. The High Court had struck down service regulations providing for employing teachers on a contract basis for tenure or on ad hoc term only and termination of the contract by giving one month's notice. The high court had said that it is manifestly arbitrary and unreasonable and in clear negation of Articles 14, 16 and 21 of the Constitution.
