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  • Category: Indian Law

    Is there a Court order to stay the govt college recruitment for entry level vacancies?


    Wondering whether entry-level recruitment in govt. colleges has been stayed by a Court ofer? Find out the facts through this Ask Expert page.

    I am working in a government-aided college, but due to certain issues at the senior level, the recruitment is stayed by the High Court till further order. Could it be possible that a college can start the recruitment for the junior level or entry-level vacancies in the institute or it needs to maintain the student-faculty ratio as per the guidelines of various regulatory bodies such as AICTE, UGC?
  • Answers

    4 Answers found.
  • Due to some dispute or issue at some higher level someone must had gone to the court and court has stayed the recruitment time being. Now the case will be heard in the court on the date as given by the court in the matter. In its stay order court must have precisely mentioned as to which recruitments this stay would be applicable. Whether it is for all the recruitments in the college or for a select few, that can only be found by going through the order. Assuming that it is for all the recruitments then there is no question of going against it as the college would be fined by the court for contempt of court. If it is for the select few as mentioned in the court stay order then college can continue the recruitment process for the allowed ones. So, this is to be made clear by seeing that order.
    Generally court cases take some time and until this issue is resolved by court college cannot take any step against the stay order.
    The person who had gone to court must had produced some documentary evidence based on which court stayed the process of recruitment. Now until the college management proves otherwise, the situation would remain as such.

    Knowledge is power.

  • Nothing can be said regarding the prospects of recruitment for the junior level or entry management unless we see the court order. The stay order relating to recruitment can be confirmed only by going through the stay order where you could get the detailed guidelines to be followed to the college management.
    The cases relating to vacancies and other administrative measures would be settled by the court on the dates fixed by the court for the different vacancies and other issues. Stay order will provide you the relevant details of suspension of vacancies with the mention of restrictions for the whole or partially. If the suspension is applicable for the entire vacancies, nothing can be done in regard to filling up of the posts. If the college management violates the norm, they might be answerable for such a lapse from the court - side. Even the court can impose heavy fine for the violation of their orders.
    If the stay - order permits the recruitment of the the junior levels, they can do so but in that case, they would follow the court order fully where the court might have directed the college management regarding the filling up of no of posts of the junior level.

  • The matter of recruitment is in the court as of now as there is a stay order. The stay given by the court for recruitment will give very clearly about the posts for which the recruitment is to be stopped till further court orders. Sometimes they will give general stop recruitment orders. In such a case there should not be any recruitment till the stay is vacated.
    You should understand the order correctly and then only you should make a decision. Generally, the colleges will have their legal advisors. These orders should be shown to them. They will study the documents completely and understand the issue completely. Then they will advise you accordingly. Hence I suggest you take the opinion of a legal expert and take a suitable decision.

    drrao
    always confident

  • Normally when a court order has been in place and that stayed the recruitment process in the government college , there cannot be further recruitment drive for any levels. Unfortunately in India the court cases takes lots of years and prolonged for no reasons , we cannot expect immediately any solution to what the author was asking, And the government recruitment are started and stalled at the whims and fancies of the ruling party decision and if this matter is brought to the notice of the concerned minister during the cabinet meeting a decision can be taken creating a special order for citing emergencies recruitment.

    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease


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