Engagement under a temporary scheme does not create any vested right for permanent continuance: DB
20/08/2025
JAMMU, Aug 19: The High Court of Jammu & Kashmir and Ladakh at Srinagar has ruled that engagement under a temporary scheme does not confer any vested right for permanent continuance, while dismissing an appeal filed by two instructors of Government Women's College, Baramulla.
A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal upheld the order of the Writ Court which had directed the release of legitimately earned wages but declined the prayer for continuation of service.
The appellants, Mushtaq Ahmad Bhat and Saleema Bano, were engaged as instructors in the Boutique Technology Centre of the college in 2015. They argued that since they had served for nearly a decade, their engagement should continue until the scheme lasted, and they also sought minimum wages under law.
The respondents, however, contended that the Boutique Centre was initiated on the directions of the then Education Minister to run on self-sustaining lines without burdening the college. Payments were made from student fees and later from NSS funds. From 2021, the course was formally added to the curriculum with modern machinery, requiring appointment of certified trainers through open recruitment.
The Court noted that the appellants were never part of the college staff and their engagement was outside the sanctioned framework. It held that once the course was included in the official curriculum, only skilled and certified instructors selected through a transparent process could be engaged.
"The appellants, if eligible, can apply and compete along with other aspirants. Their earlier engagement under the scheme does not entitle them to automatic continuation," the Bench observed.
Finding no merit in the appeal, the Court dismissed the case, reiterating that temporary or scheme-based engagements cannot be converted into permanent service rights.
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