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PANKAJ MITHAL, S. V. N. BHATTI
Lokendra Kumar Tiwari – Appellant
Versus
Union of India – Respondent
Key Points: - The advertisement called for regular posts; the appellant was shortlisted and interviewed but was recommended for a contract basis without recorded reasons, while others were regular (!) (!) (!) - Denying regular appointment in such circumstances was held to be patently illegal and unconstitutional; appellant entitled to regular appointment and continuity of service without financial benefits (!) - The Court directed issuance of regular appointment within four weeks and placed the appellant at seniority as last among those recommended and appointed on 06.04.2013 (!) - Background facts include cancellation of earlier appointments and remand proceedings, with contractual offers reissued in 2017; challenge centered on differentiation and irregularity of procedure (!) (!) (!) (!) - The High Court and Division Bench findings were reversed; the Civil Appeal was allowed with relief limited to regular appointment and continuity of service (!) - No monetary benefits awarded beyond continuity of service; other orders set aside (!)
JUDGMENT :
S.V.N. BHATTI, J.
1. In January 2013, Respondent No. 2/Institute issued an Advertisement numbered FS-01/2013 (“Advertisement”) calling for applications from suitable candidates for the posts of Professor, Associate Professor and Assistant Professor. The Civil Appeal concerns the appointment of an Assistant Professor. The Advertisement invites applications for appointment to regular posts of Assistant Professor, and the Appellant is among the applicants. The qualifications required for the post and the qualifications possessed by the Appellant are stated in the following table:
| Criteria Required for Assistant Professor | Qualifications Possessed by the Appellant |
| Ph.D. with First Class or equivalent (in terms of grades) at the preceding degree in the appropriate branch, with a good academic record throughout | Ph.D. in Information Security, Department of Electronics and Communication, University of Allahabad (November 2008 to May 2012) |
| First class or equivalent at the degree preceding the Ph.D. in the appropriate branch | M.S. in Cyber Law & Information Security, IIIT-Allahabad, First Division; awarded Bronze Medal and |
Appointment – Contractual appointment in place of regular appointment cannot be granted after procedure is initiated for regular appointment and candidate fulfils eligibility criteria.
In public employment, where a uniform selection process is conducted for regular posts, the arbitrary and unexplained classification of a qualified candidate for a contractual appointment, while othe....
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
The court recognized the right of the State to appoint persons on temporary basis to meet its exigencies, and held that the failure of the ATTC to maintain the student to lecturer ratio and the petit....
The main legal point established in the judgment is that the denial of deemed regular appointment to the petitioners, as Trained Graduate Teachers, from the date of their initial appointment on a con....
The main legal point established in the judgment is that the retrospective application of amended rules introducing contractual mode of appointments to the disadvantage of the incumbents is impermiss....
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