HC finds Higher Education authorities in contempt of court?

HC finds Higher Education authorities in contempt of court?

Srinagar: The High court of Jammu and Kashmir and Ladakh on Thursday asked the Registry to frame a Rule against Higher Education authorities for failing to comply with court directions on a petition filed by teachers working on academic arrangement basis.

Justice Ali Mohammad Magrey recorded that in an order passed on 25 June, 2019, this court had directed respondents not to replace the petitioners by a similar adhoc/ temporary/ contractual arrangement, with further direction to allow the petitioners to continue discharging their duties at the present arrangement and to be paid legitimately earned wages in accordance with the rules.

The Director Colleges, Higher Education Department, had filed the statement of facts admitting the discontinuation of the petitioners on the ground that their tenure of academic arrangement on completion was substituted by the candidates who had completed the process of selection for the subsequent year.

Asif Maqbool, Deputy Advocate General, appearing as counsel for the respondents, submitted that the directions had not been violated because the Court had permitted for making any arrangement with reference to the orders passed on 25 July, 2019.

The court recorded that perusal of the order reveals that the same was passed in a different set of petitions and not in the instant writ petition filed by the petitioners.

“Prima facie the Court is satisfied that the respondents have committed contempt of the Court, therefore, Registry is directed to frame rule against the respondents for asking as to why they shall not be punished for contempt of the Court and shall report compliance allowing the petitioners in tune with the directions passed by this Court,” Justice Magrey said.


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