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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Prof Sabiha Hussain – Appellant
Versus
Jamia Milia Islamia – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. Regard being had to the controversy involved in the aforesaid LPA's, they were heard analogously and a common judgment is being passed. The learned Single Judge while delivering a common judgment in all connected Writ Petitions has dealt with the facts of W.P.(C.) No. 8532/2019, Prof Sabiha Hussain v. Jamia Milia Islamia and Ors. and therefore, the facts of the case of Professor Sabiha Hussain are being dealt by this Court while passing a common order in all the connected LPA's. The facts of LPA 310/2021 are being dealt as under:
2. The facts of the case reveal that the Appellant Writ Petitioner came up before this Court stating that she was initially appointed as a reader on probation on ad hoc basis by Respondent Jamia Milia Islamia for the study of Social Exclusion and Inclusive Policy in K.R. Narayanan Centre for Dalit and Minorities Studies. The post was advertised vide advertisement dated 01.05.2008 and the appointment of the Appellant was made through a proper selection committee. The Petitioner was later on redesignated from the post of Associate Professor to the post of Professor under the UGC Career Advancement Scheme (CAS) 2014 w.e.f.
Regular appointments have to be made in accordance with the rules and by giving wide publicity, considering all eligible candidates.
Removal from service – A person appointed after undergoing a regular selection process and possessing relevant qualifications, cannot be abruptly removed from service.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
The main legal point established in the judgment is that the Petitioners' service should have been regularized as they were engaged against sanctioned posts by following due process of selection and ....
The main legal point established in the judgment is the principle of treating similarly situated persons alike and the obligation of the employer to extend benefits to all eligible employees.
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.
Point of law; It is clearly clarified in this judgment also in line with the earlier judgments also that unless and until the original appointment is a “regular recruitment” in accordance with “the r....
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