Unacceptable and undesirable for NLU Jodhpur to operate only with contractual teachers: Supreme Court

The Supreme Court recently deemed the fact that National Law University (NLU) Jodhpur operates only with teachers hired on a contractual basis “unacceptable and undesirable”. [The National Law University Jodhpur v. Prashant Mehta & Ors].A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said in its order,"...we find it a matter of great concern that a National Law University, which are institutions in forefront of legal education should operate only with contractual teachers. To say the least, this is unacceptable and undesirable.".The Court was hearing NLU Jodhpur’s appeal against a Rajasthan High Court ruling that held that the University, being a statutory body, was not expected to employ its staff, including teachers, on a contractual basis when their duties were perennial in nature. The High Court had set aside the NLU’s Service Regulations that allowed it to employ teachers solely on a contractual basis. The Supreme Court had on June 24, 2019 stayed the directions of the High Court..It was argued before the apex court that even the amended regulations framed by the University, which provide for 50 per cent permanent staff and 50 per cent contractual hires, have not been implemented as yet. It noted that as per the University Grants Commission Regulations, only 10 per cent of the staff at a university was allowed to be hired on a contractual basis.Expressing dissatisfaction with NLU Jodhpur’s justification that it was not an aided institution, the Court said that NLUs could not be “institutions of excellence” when there is constant inflow and outflow of teaching staff."We would like an educational institution to remedy the position itself rather than we being called upon to remedy the position," the Court observed..Though the Senior Advocate representing the varsity sought to “appropriately advice" his clients, the Court was told that even the position of Vice-Chancellor is vacant at present and the Registrar is also operating on a contractual basis. It accordingly listed the matter on October 31 for directions..Senior Advocate Dhruv Mehta and Advocates Anand Varma, Devansh Malhotra and Shyam Aggarwal represented NLU Jodhpur.Advocates Rishabh Sancheti, Padma Priya, Anchit Bhandari, Suyash Jain Chirag Kalani, Garvit Bhootra, K Paari Vendhan, Manoj Ranjan Sinha, Deepak Sain, Rachna Ranjan, Mrigank Prabhakar, Rameshwar Prasad Goyal and Sandeep Kumar Jha represented the respondents..[Read Order]