Quoting the famous line from Spider-Man – “With great power comes great responsibility” – the Bombay High Court has pulled up the Maharashtra government for keeping proposals to sanction teaching and non-teaching posts in Model Colleges pending for over a decade, forcing qualified staff to work on temporary appointments for years.The Model Colleges were set up under a University Grants Commission (UGC) scheme under an initiative announced by then Prime Minister Manmohan Singh to provide better access to higher education in districts with fewer colleges. Expressing displeasure over the state’s administrative inaction and failure to honour its commitment to fund the colleges, the court directed that eligible employees be regularised and their salaries fixed according to the applicable university/UGC pay scales.Justices Kishore C Sant and Jitendra Jain, while hearing a batch of petitions filed by employees, said the matter reminded them of the deep-rooted Indian culture, where parents act as lifelong guardians of their children. “Indian parents would always make a wholehearted attempt to ensure that their child survives and prospers, though they may have to pay a high cost by cutting down on their own expenses,” the October 29 order said.The bench observed that, similarly, the state cannot establish an educational institution and then leave it to struggle for the administrative support necessary to fulfil its purpose.“‘With great power comes great responsibility’ and the state entrusted with furthering the cause of education has failed to carry out its obligation by acting contrary to the undertaking given to the university, failed in its duties as mandated by the Constitution of India, acting contrary to the object for which the Model Colleges were established based on the UGC report, showing utter disregard to the directions given by this court,” the order read. Justices Kishore C Sant and Jitendra Jain pointed out that the state cannot establish an educational institution and then leave it to struggle for administrative support.No permanency dispute after 10-12 years of employmentThe employees told the court that they had been appointed by the universities to work at the Model Colleges, with some joining as early as 2011. Their appointment letters described their services as temporary, provided for payment of a consolidated salary and stated that their employment could be terminated without notice if their work was found unsatisfactory.Also Read | ‘Cruel joke’ on teachers who taught for years: Allahabad High Court orders Rs 17,000 payThe appointments were renewed or extended from time to time, but they were not granted permanency or the service benefits available to regular university employees. After working for more than 10 years under these arrangements, the employees made representations to the universities seeking regularisation and permanent status. However, after receiving no favourable response, they approached the Bombay High Court.Story continues below this adThe employees argued that they belonged to the same class as other university employees but were being paid significantly lower salaries despite performing similar work. Their counsel, Senior Advocate N B Khandare, also submitted that the state had directed the universities not to make Model College employees permanent. He argued that this amounted to an unfair practice by the state and the universities.‘Unlocking full potential’The court found that the employees who have filed for regularisation directions have worked for a fairly long duration with the Model Colleges. Pointing out that education plays a significant role in nation-building, economic growth, and shaping an informed citizenry capable of participating in democratic processes, the court said it is essential for the state to both establish and maintain educational institutions.“Addressing these challenges and consistently improving educational quality are crucial steps in unlocking the full potential of India’s education system and its societal impact”, it added. The court clarified that all those employees who have been continued on an extension basis up to the date of filing of this plea and who are still in employment till today would be entitled to regularisation of service and the state would approve the posts by passing appropriate orders. It directed the state to pass appropriate orders for regularisation of the services and that all the employees would be entitled to the fixation of salary as per the pay-scale applicable to similar posts as per the university/UGC pay-scale from the date of their appointment. Story continues below this adAlso Read | Can a teacher who abandoned duties for 7 years seek relief after termination? Orissa High Court answersThe high court ended its judgment by expressing hope that other developed states would also introspect and take remedial measures to ensure that their colleges serve as models for the rest of the country. It said the initiative should contribute to economic growth and national development, fulfilling the vision of the then Prime Minister under whose announcement the Model College initiative was given shape.