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Judgment
O R D E R
The instant Original Application (in short O.A.) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“a. Commanding the respondents to allow the applicant to continue as Guest Faculty in the Institute of Respondent No. 3 i.e Superintendent, Government ITI Udhampur, as the Guest Faculty (Vocational Instructor) in the discipline/branch of Cosmetology till the regular selection is made against the post on which the applicant is working pursuant to the A Advertisement No. ITI/UDH/2025/1261-65 dated 23.08.2025.
b. Restrain the respondents from advertising the said post on Academic Arrangement/Guest faculty basis against which the applicant is working till the post is filled through regular process of selection.
c. Command the respondents not to make requisition for the filling up the post held by the applicant on similar arrangement at the cost of her rights and interest and regularize the services of the applicant for the same post in view of her past experience and expertise.
d. For issuance of any other order or direction whatsoever so this Hon’ble Tribunal may deem fit and proper in the fact and circumstances of the case may also be passed in favour of the applicant and against the non applicant/respondents.”
At the outset, learned counsel for the applicant submitted that the applicant was engaged as Guest Faculty (Vocational Instructor) in the discipline/branch of Cosmetology in the Institute of Respondent No. 3 i.e Superintendent, Government ITI Udhampur on 29.10.2024 and is working continuously till date. Learned counsel further submitted that the respondents are contemplating taking steps to disengage the applicant and engage another contractual employee in his place.
Learned counsel further submitted that the applicant would be satisfied, at this stage, if the O.A. is disposed of by directing the respondents to allow the applicant herein to continue as Guest Faculty (Vocational Instructor) in the discipline/branch of Cosmetology in Government ITI Udhampur, till regular selection is made and service of the applicant should not be substituted by way of any other ad-hoc/temporary/contractual appointee/academic arrangement. In this regard, learned counsel has placed reliance on the judgements of Hon’ble Supreme Court in the case of State of Haryana & Ors Vs. Piara Singh & Ors 1992 (4) SCC 118, State of Himachal Pradesh Vs. Suresh Kumar Verma & Anr. 1996 (7) SCC 562 and Manish Gupta Vs. President, Jan Bhagidari Samiti {SLP (C) No. 12946 of 2019}.
Mr. Rajesh Thapa, learned A.A.G. appearing on advance notice prays for sometime to file reply.
Having heard the learned counsels for the parties, we are of the considered view that no useful purpose would be served in keeping this O.A. pending and same can be disposed of in the manner as prayed for by learned counsel for the applicant
Accordingly, this O.A. is disposed of, at the admission stage itself, without entering into the merits of the case, by directing the respondents to not substitute the service of the applicant by academic arrangement, contractual or temporary arrangement, however, the respondents are at liberty to make regular selection on the post.
There shall be no orders so as to costs.