DUTA Letter to VC, 11.07.2018

Renewal of appointment of ad hoc teachers

11.7.2018

The Vice Chancellor,
University of Delhi

Sub: Renewal of appointment of ad hoc teachers

Dear Prof Tyagi,

As you are aware, the process of permanent appointments mandated by the Hon’ble High Court has been put on hold as a result of the UGC Circular dated 5.3.2018, based on a judgment of the Allahabad High Court upheld by the Hon’ble Supreme Court. This circular was forwarded by the University to all Colleges and Departments on 13.3.2018.

Subsequently, the Government filed an SLP against the Allahabad High Court judgment. A circular notifying this was sent by the UGC to all Universities on 20.4.2018.(Copy attached). Thus, the matter is now subjudice. This has been re-iterated by the UGC in a reply to an RTI query dated 8.5.2018 (copy  attached). The matter was to come up before the Hon’ble Supreme Court on 2.7.2018, on which day the hearing was adjourned to 20.7.2018.

The UGC circular dated 5.3.2018 has not been placed before the Executive Council so far. Hence, the EC Resolution No 64 dated 28.9.2013 still stands as it has not been amended. Moreover, in the light of the fact that the Government/MHRD/UGC has subsequently filed an SLP in the matter, which is coming up for hearing on the 20th July, it would not be appropriate for the Executive Council to take any further decision in the matter at this point of time. 

In the light of the above, it is clear that EC Resolution 64 dated 28.9.2013 remains in operation until it is amended by the Executive Council, and colleges/departments informed accordingly. Even after that, modalities would have to be laid down (on the basis of DOPT Orders which have not been squashed by the Hon’ble Court) specifying cut-off date, backlog, shortfall etc, and fresh rosters would have to be approved by University authorities. Until any such development takes place, teaching arrangements must be continued as per existing rules.

We would like to remind you that it is precisely for such exigencies that the provision of ad hoc appointments exists as per Ordinance XII.3(1) and Ordinance XI.8(1). This is re-iterated in the EC Resolution No 120(8) dated 27.12.2007 on Guidelines for Ad Hoc Appointments in Clause II(i). It cannot be over-emphasized that not a single teaching day should be lost, especially in a semester system. That is why all teachers must be in place on the very first day of the session viz 20th july.

The ad hoc teachers teaching in various colleges and departments till the last semester have been selected through a rigorous process of interview by a proper selection committee as laid down in the above-mentioned EC Resolution. It is these teachers who have kept the teaching, examination and evaluation schedule of the University going in a period of much instability caused by  frequent academic restructuring, despite tremendous professional uncertainty and personal hardship faced by them.

In the light of the above, we appeal to you to ensure rejoining of the ad hoc teachers who had been teaching in a college/department  from the opening day of the new session viz 20.7.2018, on the basis of the existing 200 point roster under which they had been appointed in the previous semester. It may also be ensured that summer salary/ex-gratia payment as per Ordinance XII is paid to them at the earliest.

Some confusion has been caused by an unsigned letter sent to Principals of South Delhi colleges from the official email of College Branch DSC on 5th July, 2018. This was brought to the notice of the Director South Campus by DUTA Office Bearers, who clarified that this was a miscommunication. This letter has the potential of jeopardising the rejoining of ad hoc teachers on the first day of the session, which would then plunge the entire University into a state of crisis and chaos. Since it has gone in writing from an official email of the University, it should be countered by a written email from the University authorities. We would appeal to you that this is done without any further delay.

With regards,

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