HC: Check state’s proposal to adjust grant-in-aid staff in govt colleges

Source:- tribuneindia.com

Chandigarh, June 5Over three months after the Haryana Government came out with a proposal to take over grant-in-aid staff working in government-aided private colleges across the state for adjusting them in government colleges, a vacation Bench of the Punjab and Haryana High Court has asked the Additional Chief Secretary, Higher Education, to look into the matter.

The directions by the Bench of Justice Gurvinder Singh Gill came on a petition filed by Keshav Kumar and other petitioners against the state and other respondents. They were seeking issuance of directions for prohibiting the state from going ahead and quashing a letter issued in March, whereby the respondents were contemplating to take over grant-in-aid staff of private colleges.Justice Gill, during the course of hearing, was told that the petitioners were serving as extension lecturers in government colleges in Haryana. Referring to the provisions of the Haryana Education (College Cadre) Group B Service Rules, 1986, they contended that only two modes were prescribed for recruitment to the services.

They submitted that one was by direct recruitment and the other by transfer or deputation of an officer already in the service of any state government or the Government of India. Their counsel added that the respondents, in contravention of the rule, proposed to fill up the vacancies by an all together different mode, which was detriment of the rights of the petitioners.

Justice Gill asserted that a perusal of the letter showed that the Haryana Government had merely initiated an exercise to consider the feasibility of taking over grant-in-aid staff of private colleges and had not taken a final decision, and a meeting had also been convened to seek views.

“When no order has been passed, which could affect the rights of the petitioners, and no final decision in the matter pertaining to taking over “grant-in-aid staff” of private colleges has been taken, the petition is disposed of with a direction to the Additional Chief Secretary to the Government of Haryana, Higher Education Department, to look into the matter and ensure that a representation dated March 17 is looked into before any final decision pertaining to taking over of grant-in-aid staff of private colleges is taken,” Justice Gill concluded.

‘Contravention of rule’ 

• The court was told that the petitioners were serving as extension lecturers in government colleges in Haryana. It was contended that only two modes were prescribed for recruitment to the services
• They submitted that one was by direct recruitment and the other by transfer or deputation
• The respondents, in contravention of the rule, proposed to fill up the vacancies by an all together different mode