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In a recent matter of Dr. Prashant Mehta V. NLUJ & Anr the division bench of Rajasthan High Court observed upon the need to remove contractual appointment amongst teachers as it creates insecurity and also affects the education system. The court in its decision stated that “nebulous and unsatisfactory conditions of service of the teaching community create a sense of insecurity which may ultimately result in making education set up ineffective and inefficient”. The above observation of court came in a writ petition filed by three contractual employees of National Law University, Jodhpur.
The current petition was filed by three professors of NLU, Jodhpur who were released by the university due to its decision to discontinue the B.Sc. L.L.B Course. The Petitioners in the matter have challenged the decision of the university to discontinue B.Sc. L.L.B course portraying it as an absolutely arbitrary. Alongside petitioner also challenged the vires of University Service Regulations (USR), 2001 saying they are contrary to the basic tenets of welfare state and violates Article 14, 16 and 21 of the Constitution.
The HC bench while hearing the matter discussed various aspects of the regulations and made the following observations:-
It accordingly declared impugned Service Regulations 5 & 6 of the Regulations and amended Regulations 37 & 38 ultra vires and strucked them down.
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