S. No. 39 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2175/2021 CM(7051/2021) MOHAMMAD SHAFI RATHER AND ORS. …Petitioner/Appellant(s) Through: Mr. Lone Altaf, Advocate. Vs. GOVERNMENT OF J AND K AND ORS. ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy.AG. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 18.02.2025 1. The short grievance projected by the petitioners in the instant petition filed under Article 226 of the Constitution is that the respondents despite having engaged the petitioners herein as Guest Faculty/Lecturers in the Industrial Training Institute, Ganderal upon advertising the positions in question in the year 2018 and despite the continuous working of the petitioners as Guest Faculty eversince their engagements, as such, the respondents issued fresh Advertisement Notice impugned in the instant petition for engagement of new Guest Faculty in place of the petitioners taking recourse to the hire and fire policy. 2. Reply to the petition has been filed by respondents wherein it is being admitted that the petitioners came to be engaged pursuant to the Advertisement Notice as Guest Faculty in the respondents Institute. It is also being admitted that the petitioners’ eversince their engagement continue to work as Guest Faculty in the respondent Institute. It is also admitted that the impugned Advertisement Notice came to be issued for filling of position in question against which the petitioners were engaged. Heard counsel for the parties and perused the record. 3. Law is no more res-integra that the employer cannot take recourse to hire and fire policy in the matter of public employment by replacing one appointee by another appointee if the purpose for which the original appointee is engaged survives and the said purpose is of perennial nature, in that, the substitution of one appointee by another appointee has been held to be exploitation and not countenanced by law. 4. In view of the aforesaid position of law and having regard to the issues involved in the instant petition, the instant petition is disposed of at this stage with the consent of the appearing counsel for the parties as follows: - “Respondents shall refrain from disengaging the petitioners as Guest Faculty by replacing them, in case the respondents require the services of the petitioners for the purpose the petitioners were engaged.” 5. Disposed of. (JAVED IQBAL WANI) JUDGE SRINAGAR 18.02.2025 Ishaq