In a significant observation on the state of higher education in Andhra Pradesh, Justice Maheswara Rao Kuncheam of the Andhra Pradesh High Court recently stated that frequent engagement and disengagement of assistant professors on an ad-hoc basis can significantly impact the quality of education. The remarks were made during a hearing of a plea filed by an assistant professor challenging a university circular that sought to replace him with another temporary teaching assistant.
The court emphasized that universities play a crucial role in imparting higher education and are not merely administrative functions of the state. Justice Kuncheam further underscored the constitutional obligation of the state towards education, stating that it is intimately connected with the future of the nation.
The court directed that the petitioner be allowed to continue in his post until a permanent candidate is appointed through due process, provided there is sufficient student enrollment. The order also highlighted the importance of continuity, academic stability, and sustained teacher-student engagement in maintaining standards of higher education.
The court further observed that frequent engagement and disengagement of assistant professors on an ad hoc or contractual basis disrupts academic planning and directly impairs the quality of education imparted to students. The students are considered the ultimate stakeholders in the educational process, making their learning environment a critical concern.
In related findings, the court stated that when a contractual employee is engaged for a specific purpose or tenure under a defined agreement and does not form part of the permanent cadre, but where the duties performed are perennial, continuous, and essential to the functioning of the establishment, the employer is under a legal obligation to ensure job security for the employee.
With this ruling, the Andhra Pradesh High Court has underscored the importance of maintaining stability in higher education institutions and ensuring that contractual employees who perform perennial duties are provided with job security. The order is expected to bring much-needed clarity to employment practices within universities in Andhra Pradesh.
