Public employment must comply with constitutional provisions, ensuring equal opportunity through open competition; mere temporary appointments do not automatically confer rights to regularization.

JUDGMENT

V. Kameswar Rao, J. At the outset I may state, vide this common order I shall decide, CONT. CAS(C) 602/2020, W.P.(C) 8532/2019, W.P.(C) 8454/2020, W.P.(C) 7864/2020, W.P.(C) 7928/2020, W.P.(C) 10702/2020 and respective applications connected therewith, as the issue raised in these petitions is similar and with identical facts, but narrated separately.

W.P.(C) 8532/2019

2. This Writ Petition has been filed with the following prayers:

"In light of the submissions made hereinabove the Petitioner humbly pray that this Hon'ble Court may be pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondent to regularise the Services of the Petitioner at the post of Professor/Director and grant all consequential benefits in favour of the Petitioner;

b. Issue a writ of Mandamus or any other appropriate writ order or direction to quash/set aside the letter/order dated 01.07.2019 appointing Respondent No. 3 as Professor in Charge in place of Petitioner;

c. Pass any other and such further order(s) in favor of the Petitioner as this Hon'ble Court may deem fit to pass in the interest of justice."

3. As per the petitioner the respondent University is a Central University which is fully funded by the Ministry of Human Resource Development, Government of India, and is governed by its own Act, Statute and Ordinances. On February 16, 2000, the University Grants Commission (`UGC', for short and respondent no. 5 herein) approved the establishment of the Sarojini Naidu Women's Studies Centre (`Centre', for short) under the IX Plan with the respondent University. The petitioner who was earlier working as a Professor at Dr. K.R. Narayanan Centre for Dalit and Minorities Studies had, pursuant to an advertisement issued by the University on July 12, 2016, applied for the post of Director in the Centre. The petitioner was duly selected for the post and the selection was approved by the Executive Council (`EC', for short) of the respondent University vide the minutes dated March 10, 2017. Subsequently, she joined the tenure post of Professor/Director of the Centre for the period of the UGC's XII Plan or till the Scheme lasts.

4. The respondent University in its letters dated April 27, 2017 and July 31, 2018 requested the respondent no. 5/UGC to merge all teaching positions of the Centre under the XII Plan into Non-Plan (maintenance grant) of the respondent University. In response to the respondent University's letters, the respondent no. 5/UGC vide its letter dated April 18, 2019 granted approval for merger of teaching posts under the Plan into Regular Establishment Budget of the respondent University. The respondent no.5/UGC vide its letter dated June 25, 2019 also clarified that the services of the persons appointed through proper selection procedure/committee and who are fulfilling all educational and other qualification as prescribed in the Regulations at the time, and whose appointments were approved by the statutory bodies, "may" be merged under Regular Establishment Budget of the respondent University. Pursuant thereto the Jamia Teachers Association (`JTA', for short) vide its letter dated June 07, 2019 sought clarification from the UGC as to whether the merger of the posts would mean that the services of the incumbents are confirmed or their services be terminated and the posts be advertised afresh. It is the case of the petitioner that as no response was received and pursuant to the letter of the