HP HC Dismisses Lecturers’ Challenge To 2015 Takeover Policy, Saying Their Right To Challenge Arose When They Joined On Contract In 2019

The petitioners were appointed on contract through the Public Service Commission in 2019 and regularized in 2022.

They challenged the State’s policy dated 03.10.2015, which provided for taking over, on contract, the services of specified teaching and non-teaching employees in technical education institutions who met the prescribed service or hours criteria.

The petitioners sought to have the policy and consequential appointments, regularizations and seniority placements set aside, after a seniority list placed private respondents above them.

The respondents contested maintainability, including on the grounds of lack of locus standi and prior challenges to the policy.

The Court applied the principles governing locus standi and delay in seeking judicial review: a person who has an actionable grievance must challenge the relevant measure within a reasonable time, and a later consequential event does not necessarily create a fresh cause of action where the underlying effect was already apparent.

The Court cited no statute or precedent in reaching its decision; it did not determine the substantive legality of the policy.

The Court held that the policy’s effect was apparent when the petitioners were appointed on contract in 2019: eligible incumbents had already been taken on contract under the policy, and those engaged before the petitioners would rank ahead of them.

Even accepting that a further cause of action arose upon the petitioners’ regularization in 2022, they waited two years to bring the petition.

The subsequent seniority list merely reflected the earlier engagements and regularizations; it did not create a fresh cause of action.

The Court therefore did not address the policy’s substantive validity or the other issues raised.

All pending miscellaneous applications were also disposed of.