Legal Question in Legal Ethics in India

I am a lady faculty currently employed as a lecturer on temporary basis in a govt . engineering college .She is under this employment since last 4 years.There are other members like her (about 18Nos) who are also working on adhoc basis in that institute .The service time ranges from 6 years to 1 year on case to case basis. It is understood that the college management is planning to terminate the services of these professionals and force them to appear for fresh interview.They are also planning to ask the adhoc faculties to appear for interview every six month .My specific querries are

1)Can the authorities cancel the contract and re-advertize for the similar post only for the sake of breaking the continuity of service ?

2)When somebody has worked for more than 4 years and there is requirement , is it not illegal not to regularize the service ?

3)When somebody has discharged duties to the satisfaction of the customer i.e student and college without any complain ,is it by itself not proofing the competency of the person ?In view of above ,is it not humilatating to appear for interview every six month ?

4)If adhoc teachers with required qualification are forced to appear for interview ,why the regular faculties with similar qualification are exempted particularly when both discharge similar duties ?

Sunita Panda

Asked on 7/27/13, 8:39 am

2 Answers from Attorneys

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7/27/13, 11:02 pm
Fca Prashant Chavan Expert Edge LLP
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29.07.2013

Dear Sunita,

1) The College authorities cannot cancel the contract and can re-advertise for lecturers / professors only for the new streams added in the College.

2) Yes, probationary period of professors / lecturers in the College should not exceed a year.

3) Yes, students attending lectures is testimony to the competence of the concerned lecturer / professor. But it is not necessarily called an interview, but a performance appraisal of the lecturer / professor to determine the efforts she / he has taken to enhance her knowledge and skill-sets in the teaching profession further ... whether she / he is pursuing a Ph.D and so on and so forth.

4) Yes, valid point, the College authorities must not discriminate between the two, as performance appraisal applies to all employees of the College.

Regards,

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7/28/13, 10:35 pm

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