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SUPREME COURT OF INDIA
PANKAJ MITHAL, S.V.N. BHATTI, JJ.
Lokendra Kumar Tiwari – Appellant
Versus
Union of India and Others – Respondents
Civil Appeal No. 5307 of 2024
Decided On : 13-05-2026
Service Law – Appointment – Regular posts of Assistant Professor – Appellant was found suitable for consideration, possessing a PhD with a First-Class preceding degree and a good academic record – Despite being found suitable and selected through same process, appellant was recommended for Appointment on a Contract Basis – No reason was recorded for this differential treatment – Procedure initiated is for regular appointment – Selection Committee, after perusing candidates' applications and credentials, has not given equal or uniform treatment to all candidates invited for interview – Appellant, if unsuitable for appointment, could not have been recommended even on a contract basis – Record does not disclose any reason for denying post for which Appellant was shortlisted and interviewed – Denying regular appointment is patently illegal and unconstitutional – Appellant is entitled to regular appointment in Respondent-Institution as Assistant Professor – All orders/judgments impugned set aside and appointment granted. (Paras 12, 13, 14 and 15)
Facts of the case:
The real controversy in Civil Appeal is whether a contractual appointee is entitled to regularisation, but whether issuing a contractual appointment against an advertisement meant for a regular vacancy, subjecting it to regular process and arbitrarily granting a contractual appointment, is sustainable.
Findings of Court:
Respondent No. 2 is directed to issue an order of appointment within four weeks from today, and Appellant shall be kept, in seniority of Assistant Professors, as last candidate against candidates recommended and appointed by Selection Committee resolution dated 06.04.2013.
Result : Civil Appeal allowed.
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 Certificate of Merit for securing Third Position in the MS batch; CGPA 9.02/10 (July 2006 - May 2008) |
| Experience of minimum 3 years of teaching/research/industrial experience as on the closing date of the advertisement, 25.02.2013 | Working as Lecturer at Ewing Christian College (University of Allahabad), Department of Computer Science, 21.07.2008 to 05.04.2013; additionally served as Guest Faculty at IIIT-Allahabad from October 2012 to 05.04.2013 |
| Faculty positions in areas including Information Technology (including Information Security, Laws & Practices, Information and Network Security), Electronics, Management, MSc/LIS, Bioinformatics, Biomedical Engineering | Applied for Assistant Professor in the Information Security/MSCLIS stream (Information Security Laws & Practices; Information and Network Security |
2. The Appellant was invited for the interview held on 18.03.2013. On 06.04.2013, Respondent No. 3 issued a letter of appointment to the Appellant as Assistant Professor on a contract basis for a period of 12 months. The Appellant accepted the appointment on a contract basis, and continued to discharge the duties and functions in the Respondent No. 2/Institute. On 26.03.2014, Respondent No. 2, on a few perceived omissions in the selection process, cancelled all the appointments made pursuant to the recommendation of the Selection Committee dated 06.04.2013. It is pertinent to note that, in the very selection dated 06.04.2013, Respondent No. 2 appointed thirteen individuals as Associate and Assistant Professors in the Institute. The Appellant and another individual, Dr. Ranjana Vyas, were recommended on a contract basis and given appointments. The aggrieved appointees, pursuant to the recommendation of the Selection Committee dated 06.04.2013, challenged the cancellation of appointment by Respondent No. 2 by filing Writ Petition No. 22558 of 2014 in the High Court of Judicature at Allahabad.
3. On 11.12.2015, the Writ Petitions filed by the removed Associate and Assistant Professors were allowed, and Respondent No. 2 was directed to reconsider the issue after affording the candidates an opportunity. The Appellant filed an application for modification on the ground that the Appellant’s initial appointment on a contractual basis was ex facie illegal and contrary to the Rules. The Appellant’s application was disposed of on 24.03.2017, along with the Civil Appeal Nos. 4406-4418 of 2017 filed against the judgment dated 11.12.2015 of the High Court of Judicature at Allahabad.
4. The present Civil Appeal arises from the decision taken by Respondent No. 2, pursuant to the order of remand.
5. Respondent No. 2, while reconsidering the matter, decided to reiterate the decision of the Selec
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