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Synopsis

The Delhi High Court has decided to examine a critical issue as to whether the seats for Economically Weaker Section (EWS) have to be created out of the unreserved category faculty positions in a Delhi University's College or fresh seats should be created for such a category.

The question before a vacation bench of Justice Jasmeet Singh was raised with regard to faculty positions in Delhi University's Ramjas College.

An application was filed by one Bijaya Kumar Mohanty and another person seeking ad interim directions to the respondent college to extend the adhoc services of the petitioner till regular appointment after recasting of the Teaching Roster (Assistant Professor) 2022 or till the disposal of a writ petition in this regard.

The petitioners referred to a division bench's direction issued on May 23 that any recruitment done would be subject to the outcome of those petitions. 

The plea also cited May 25 order, stating that services of the petitioner would not be dispensed with till the next date of hearing.

Advocate Bajrang Vats, appearing for the applicants, submitted that the college was conducting interviews for one unreserved (UR) category. 

He submitted that earlier there were three unreserved posts but two have been now earmarked for EWS under new roster, which is prejudicial to the interest of the petitioners. 

The counsel also relied upon a circular of Ministry of Human Resource Development of December 05, 2019 which stated, "all adhoc teachers worked or working in the current academic year shall be continued till recruitment of permanent faculty. UGC will consider communicating the additional teaching positions to be created as per the EWS scheme within 30 days. Keeping this in view, no person working in an adhoc position shall be removed merely on the ground of falling in the EWS roster point.”

The court noted in the present case, the factum whether EWS seats were to be carved out from the existing UR category or were to be freshly created, is an issue to be adjudicated.

The court sought a reply from the college, the university and others before the next date of hearing, July 3.

The court also directed that till the next date of hearing, the services of the petitioner shall not be terminated. "However, there is no stay on the selection process," it clarified.