Srinagar, July 07: The High Court of J&K and Ladakh has pulled up University of Kashmir for replacing contractual faculty with similar arrangement in the Department of Law, terming it malafide exercise of power.
A bench of Justice Sanjay Dhar, directed the KU to allow contractual as well as faculty members engaged on academic arrangement to continue till such time when core faculty is put in place in the Department of Law.
Bench added that so far as the legal position as regards the permissibility of replacing the teaching faculty of an educational institution engaged on contractual basis or academic arrangement basis by a similar arrangement is concerned, the same, is beyond any cavil, inasmuch it is not permissible for an institute to resort to hire and fire policy and to replace contractual/temporary arrangement by a similar arrangement.
It added that the replacement can only be resorted through regularly appointed staff/teaching faculty and allowed the petitions filed by those engaged on academic arrangement basis and whose engagement was extended from time to time either by virtue of interim orders passed by the Court or otherwise.
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