A placards on display during the protest rally on April 21, 2025 called by the Combined Technical Association of Nagaland and Nagaland NET Qualified Forum against two notifications for absorption of the 147 contractual appointees in the higher education department. The orders were subsequently kept in abeyance. (Morung File Photo)
HC Kohima Bench expresses concerns over possible consequences on students
Morung Express News
Dimapur | September 30
The Gauhati High Court, Kohima Bench has raised serious concerns over the manner in which the Nagaland Government engages Assistant Professors on contractual basis observing non-adherence to several conditions prescribed under the University Grants Commission (UGC) Regulations, 2010 and 2018.
The Division Bench of Justice Devashis Baruah and Justice Helen Daungliani, in its September 23 judgment order pertaining to a batch of writ appeals challenging the contractual appointments, noted that maintaining the prescribed student-teacher ratio alone could not justify the State’s action.
The Court observed that the State appeared to have taken cognisance only of the first sentence of Regulation 13 (Appointments on Contract Basis) of the UGC Regulations, which permits such exercise when “absolutely necessary” and student-teacher ratio does not satisfy the laid-down norms.
However, it pointed out that Regulation contains several other conditions.
As per the judgment, out of 636 Assistant Professors appointed in 15 Government Colleges, 491 were regular and 145 or around 23% were contractual fixed-pay appointees.
This was above the 10% ceiling stipulated under the Regulation.
The Court further noted that the Regulation require same qualifications and selection procedure for both contractual and regular teachers.
However, State’s own affidavit showed 32 Assistant Professors were appointed despite not possessing minimum requisite qualifications prescribed under the UGC guidelines and the Nagaland Higher Education Service Rules, 2015.
The 2018 State Level Assurance Co-ordination Committee (SLACC) notifications requiring such teachers to acquire the requisite qualifications within two to three years indicate that the State intended to continue the contractual appointments “not for a year but for years,” the Court observed.
Another significant issue highlighted was remuneration.
Regulation 13 stipulates that the fixed emoluments of contractual teachers should not be less than the monthly gross salary of a regularly appointed Assistant Professor.
The Court, however, observed that the contractual appointees were being paid “not even one third” of that gross salary and linked such disparity directly to the quality of higher education.
“The teacher-student ratio is not for the purpose of numerical equation to be maintained but for the purpose of providing good quality higher education,” it categorically held.
The Court also noted that while the State cited the student-teacher ratio to justify contractual appointments, repeated year-wise extensions violated the Regulation which stipulates that such appointments should initially not exceed one academic session, with performance review before reappointment.
Students’ interests at the centre
The Court placed particular emphasis on the possible consequences of such practices for students.
While the Government Colleges are affiliated to Nagaland University, it observed that non-observance of the UGC Regulations “may result in disaffiliation.”
“This would result in a doomsday for the students pursuing their study in these colleges. Apart from that, it would impact the quality of higher education,” it added.
The Court also noted that contravention of the Regulations could lead to the UGC withholding financial grants as well as funding under the Rashtriya Uchchattar Shiksha Abhiyan (RUSA), which was also cited by the State Government to justify the appointments.
“Taking into account the requirement to meet the UGC Regulations, it is high time that the State of Nagaland should create posts,” the Court held.
Accordingly, the Court quashed both November 12, 2025 judgments, declared the contractual appointments and numerous annual extensions violative of Articles 14 and 16 of the Constitution and Regulation 13 of the UGC Regulations, 2010/2018.
However, it did not cancel the latest extensions already granted, noting that doing so could create a chaotic situation in the colleges and affect the teacher-student ratio.
Instead, it directed that no further extension of the contractual services of the concerned Assistant Professors, with strict action against the Head of the Department or any authority violating the order.
The Court also directed the Government of Nagaland to take effective steps to create adequate posts in Government colleges and requisitioning of regular vacancies via Nagaland Public Service Commission (NPSC).
Where financial constraints prevent creation of posts, the State may resort to contractual appointments to maintain teacher-student ratio but only in strict conformity with Regulation 13, including due advertisement, it directed.
UGC 2018 Regulations: 13 - APPOINTMENTS ON CONTRACT BASIS |
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Source: UGC Regulations On Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education 2018 |
