IMPORTANT POINTS
For finding out the ratio laid down in a judgment, it has to be read in its entirety.
Regularisation is not a mode of appointment.
Long service by itself may not be a ground for directing regularisation.

Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appellants are school teachers. They were appointed by the Education Department of Chandigarh Administration on contract basis. Their services are governed by Chandigarh Education Service (School Cadre) (Group `C) Recruitment Rules, 1991 (for short, "Recruitment Rules, 1991"). We may notice one of the offers of appointment made to one of the appellants herein, relevant clauses whereof reads as under:

"2. That the person be appointed through Regional Employment Exchange after sending the requisition.

3. That the contract should be for six months which can be extended further on the basis of performance report for further six months with suitable break.

7. That they will have no claim for ad hoc/regular appointment available in the institute.

9. The contractual appointment will only be made against the sanctioned posts.

10. The contractual appointment will only be made when the incumbent has proceeded on leave or is not available for teaching beyond 45 days within 45 days no substitute can be provided as per rules.

11. The persons put on contracts will only be for a specified period which should not exceed more than six months or till the regular incumbent of the post is absent for not exceeding one year."

3. Indisputably, appellants fulfilled the requisite educational qualification. They have been drawing salary on a scale of pay. Indisputably again they had been continuing in the said posts for a long time. Appellants, contending that they were entitled to be absorbed in the services of the Education Department, filed applications for their regularization before the Central Administrative Tribunal (for short, "the Tribunal") on the premise that the respondent - Administration could not have issued fresh advertisement for appointment of teachers . The said applications, however, were allowed only to the extent that they may not be replaced or substituted by another set of teachers appointed on contract basis.

4. Another original application was filed before the Tribunal for a direction on the respondent herein to frame a scheme and/or policy to regularize their services and respondents be restrained from appointing or recruiting regular teachers.

5. By order dated 27.8.2003, the Tribunal dismissed the said Original Application opining that they had no right to be regularized in service and their appointment has to come to an end on their replacement by the regularly selected teachers.

6. However, the respondent - Administration directed appointment of teachers on deputation basis from the States of Punjab and Haryana by an order dated 15.9.2003.

7. On or about 9.10.2003, appellants filed writ petitions before the High Court challenging the judgment and order dated 27.8.2003 passed by the Tribunal.

8. By reason of the impugned judgment, the said writ petitions have been dismissed.

9. Mr. J.L. Gupta and Mr. P.S. Patwalia, learned Senior Counsel appearing on behalf of the appellants would contend that the appointments having been made strictly in terms of the Rules framed by the respondent -Administration, the impugned judgment is liable to be set aside. It was furthermore contended that having regard to the fact that a large number of sanctioned posts have been lying vacant and as the appellants have the essential academic qualification, this Court should apply the principles stated at Paragraph 53 of the decision of the Constitution Bench in Secretary, State of Karnataka vs. Uma Devi (2006) 4 SCC 1.

10. Ms. Kamini Jaiswal, learned counsel appearing on behalf of the respondents, on the other hand, would support the impugned judgment.

11. As indicated hereinbefore, the matter relating to recruitment of teachers is governed by statutory rules known as Chandigarh Education Service (School Cadre) (Group -C) Recruitment Rules, 1991; Rules 4 and 6 whereof read as under:

xxx xxx xxx

xxx xxx xxx "4. Method of Recruitment, Age limit and qualification, etc.:-

The method of recruitment to the