Case Background
The case was heard by the Patna High Court in Civil Writ Jurisdiction Case No.15566 of 2024. The petitioner is a Guest Lecturer in Electrical Engineering at Government Polytechnic, Darbhanga, under the Department of Science and Technology, Government of Bihar.
The petitioner had been working as a Guest Lecturer in this institute since 27.02.2017. Over the years, he continued in this role without a regular permanent appointment being made to the post.
During his service, the petitioner attended and successfully completed a short-term training programme conducted by the National Institute of Technical Teachers Training and Research, Bhopal, under the Ministry of Education, Government of India. A certificate for this programme was placed before the Court as Annexure P/2 to the writ petition.
The petitioner stated that apart from taking regular classes in the Electrical Engineering Department, he was also assigned administrative work in the institution. Thus, he was not only engaged in teaching but also supporting other academic or office responsibilities as directed by the institute.
Despite his long engagement and the absence of regular appointees, the authorities issued Interview Notice No. 1 of 2024-25 dated 11.09.2024 (Annexure P/11), inviting applications for appointment of Lecturers in Government Polytechnic, Darbhanga. Feeling threatened that this might be used to discontinue his services and replace him by another contractual lecturer, the petitioner approached the Patna High Court.
In the writ petition, he prayed for two main reliefs: permission to continue as Guest Lecturer, and quashing of the advertisement / Interview Notice No. 1 of 2024-25 dated 11.09.2024.
What the Court Examined and Decided
The matter came up before Hon’ble Mr. Justice Prabhat Kumar Singh on 21.10.2024. The Court heard the learned counsel for the petitioner and the learned State counsel.
The petitioner’s counsel argued that the petitioner had been continuously engaged as Guest Lecturer (Electrical Engineering) in Government Polytechnic, Darbhanga since 27.02.2017. He highlighted the petitioner’s training credentials, including successful completion of the short-term programme at the National Institute of Technical Teachers Training and Research, Bhopal.
The petitioner’s counsel also pointed out that the petitioner was not only teaching but was entrusted with administrative duties, indicating that the institution relied upon him in a sustained manner. According to him, despite this long engagement and continued work, the authorities had not made any regular appointment to the post.
However, instead of moving towards regular appointments in a way that protected the interests of existing guest faculty, the authorities issued Interview Notice No. 1 of 2024-25 dated 11.09.2024, calling for applications for appointment of Lecturers in Government Polytechnic, Darbhanga. The petitioner’s side contended that this step, if it resulted in replacing an existing guest lecturer like the petitioner with another contractual lecturer or guest faculty, would be arbitrary and illegal.
To support this contention, the petitioner’s counsel relied on decisions of the Hon’ble Supreme Court in two important cases. First, Manish Gupta v. President, Jan Bhagidari Samiti, reported in AIRONLINE 2022 SC 576. Second, Hargurpratap Singh v. State of Punjab, reported in 2007 (13) SCC 292. In addition, reliance was placed on order dated 01.09.2022 passed in C.W.J.C. No. 17407 of 2021 by a coordinate Bench of the Patna High Court.
Although the detailed facts and reasoning of these cited cases are not reproduced in the judgment, the Court accepted that they laid down a clear principle relevant to this dispute. The principle is that a guest lecturer or contractual employee, once engaged, should not be replaced simply by another person on a similar contractual or temporary basis.
Significantly, the learned counsel for the respondent/State did not dispute the contention made on behalf of the petitioner. This meant that the State side did not seriously challenge either the factual position of the petitioner’s long service or the settled legal principle relied on by him.
After considering the submissions and the material on record, the Patna High Court summarised the settled law. The Court observed that a guest lecturer engaged on a contractual basis ought not to be replaced by another set of contractual employees or guest faculty. This protects people who are already serving the institution from being pushed out by someone else on the same unstable basis.
However, the Court also made it clear that this protection does not stop the institute from engaging additional guest lecturers, if required, for running classes and meeting academic needs. The restriction is on replacement of one contractual person by another, not on addition of more guest lecturers where needed.
The Court then discussed the situation where regularly selected lecturers become available through a proper selection process. It held that in such a case, the institute is allowed to appoint them. But when that happens, the principle of “last came first go” must be followed.
This principle means that when regular lecturers join and there is not enough work or posts for all, the guest lecturers who joined most recently should be released first. Those who have served for a longer period should be continued till all posts are filled by regular appointees.
Applying this principle, the Court recognised that the petitioner had been working as a Guest Lecturer since 27.02.2017 and had served for several years. There was nothing on record to suggest that regularly selected candidates had already joined in his place.
On this basis, the Court concluded that the petitioner’s services should not be dispensed with. The Court held that the petitioner must be allowed to continue in his post until regular selected candidates actually join.
While the petitioner had also asked for quashing of Interview Notice No. 1 of 2024-25 dated 11.09.2024, the Court did not strike down this advertisement. Instead, it balanced both sides: it protected the petitioner from being removed to make way for another contractual lecturer, but at the same time it did not prevent the authorities from going ahead with recruitment of regular lecturers.
Thus, the core direction of the Patna High Court was that the petitioner’s services shall not be terminated merely because of the fresh interview notice, and he shall continue to work until regular selected candidates join. The Court found that, in view of the settled legal position and the particular facts, no further directions were required.
With these observations and directions, the writ petition was disposed of.
Why This Judgment Matters
This judgment is important for hundreds of guest lecturers and other contractual teachers working in government institutions in Bihar and elsewhere. Many of them fear that at any time they may be removed and replaced by another person on a similar temporary basis.
The Patna High Court has reaffirmed that such replacement is not permissible. If someone has been serving as a guest lecturer on contract, the college or polytechnic cannot simply bring in a new guest lecturer and send the old one home, without appointing a regularly selected person.
At the same time, the judgment recognises the right of the government and institutions to fill posts through regular selection. When properly selected regular lecturers are appointed, they can join, but the “last came first go” rule should be followed among the contractual staff.
For guest lecturers, this means a level of protection and predictability. They may still not have permanent status, but they cannot be arbitrarily removed just to make room for another contractual appointee. This judgment will be particularly relevant for faculty in government polytechnics and colleges under the Department of Science and Technology, Government of Bihar.
Legal Issues and Answers
- Issue: Can a long-serving guest lecturer engaged on contractual basis in a government polytechnic be replaced by another guest lecturer or contractual appointee on the strength of a fresh interview notice?
Answer: No. The Patna High Court held that a guest lecturer engaged on contractual basis should not be replaced by another set of contractual employees or guest faculty. The petitioner must be allowed to continue until regularly selected candidates join, following the “last came first go” principle. - Issue: Does the issuance of an interview notice for appointment of lecturers prevent the institution from continuing existing guest lecturers?
Answer: No. The Court held that while institutions can proceed with recruitment and engage additional guest lecturers if needed, they cannot end the services of existing guest lecturers merely to bring in another contractual person. Regular appointees, when available, may join, but senior guest lecturers should continue till posts are fully filled on a regular basis.
Cases Cited by the Court
- Manish Gupta v. President, Jan Bhagidari Samiti, AIRONLINE 2022 SC 576.
- Hargurpratap Singh v. State of Punjab, 2007 (13) SCC 292.
- Order dated 01.09.2022 in C.W.J.C. No. 17407 of 2021, Patna High Court (coordinate Bench).
Case Details
Case Number: Civil Writ Jurisdiction Case No.15566 of 2024
Case Title: Hareram Mishra v. The State of Bihar & Ors.
Court: High Court of Judicature at Patna
Coram: Hon’ble Mr. Justice Prabhat Kumar Singh
Date of Judgment: 21.10.2024
Citation: 2024 (4) PLJR 841
Advocates: For the petitioner – Mr. Binodanand Mishra; For the respondents/State – Mr. Standing Counsel (21)
Respondents: The State of Bihar through the Chief Secretary, Government of Bihar; The Additional Chief Secretary-cum-Principal Secretary, Department of Science and Technology, Government of Bihar, Patna; The Director, Department of Science and Technology, Government of Bihar, Patna; Principal, Government Polytechnic, Kadirabaad, Darbhanga.
Nature of the Case: Writ petition (civil) challenging interview notice for appointment of lecturers and seeking continuation of engagement as Guest Lecturer.
Link to Judgment: Click here to read the full Patna High Court judgment
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