‘Professors Aren’t Class-4 Staff’: Gujarat HC Takes Suo Motu Action Over Recruitment Outsourcing in Law Colleges

The Gujarat High Court has pulled up the state government over its decision to outsource the recruitment of law professors across 27 government-run law colleges to a private agency through a public tender.

Taking suo motu cognisance of the matter, Justice Nikhil Kariel issued sharp observations against the Education Department’s move to hand over academic appointments to a private firm under a ₹13-crore contract spanning 20 months.

Court Questions Validity of Outsourced Recruitment

The bench questioned the constitutional validity of bypassing standard recruitment protocols to fill academic posts in state-run institutions.

During the hearing, the court raised fundamental concerns regarding the state's approach to higher education:

• Distinction in Cadre: The bench observed that university professors cannot be treated on a par with Class-4 administrative staff, making outsourced hiring inappropriate for academic positions.

• Role of Statutory Bodies: The court questioned why public recruitment mechanisms like the Gujarat Public Service Commission (GPSC) were being sidelined in favour of private intermediaries.

• Constitutional Rights: The bench highlighted that diverting public funds through private tenders to hire educators infringes upon the public's right to transparent, merit-based public employment.

• Institutional Credibility: The court expressed skepticism over the credentials of private agencies tasked with evaluating candidates, questioning the quality of legal education such a setup would deliver.

Allegations of Irregularities in Appointments

The court’s intervention follows allegations that 108 posts of Adhyapak Sahayak across 27 law colleges were earmarked for outsourced filling without transparent merit lists, leading to claims of nepotism and back-door entries.

With each law college facing faculty shortages, the state had planned to allocate four outsourced professors per institution. Calling the tender process illegal, the High Court confirmed it will independently examine the mechanism behind these contracts to ensure statutory compliance and protect public employment standards.