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IN THE HIGH COURT OF DELHI AT NEW DELHI
APOORVI SOOD – Appellant
Versus
NETAJI SUBHAS INSTITUTE OF TECHNOLOGY AND ORS. – Respondent
| Table of Content |
|---|
| 1. writ petitions for regularization of service (Para 1 , 2) |
| 2. contractual appointments without proper notice (Para 3) |
| 3. arguments on contractual vs regular appointments (Para 4 , 5) |
| 4. defenses from nsit regarding appointments (Para 6 , 7) |
| 5. review of nsit's advertising for appointments (Para 8 , 9) |
| 6. estoppel claims on initial acceptance of offers (Para 10) |
| 7. supreme court’s stance on public employment terms (Para 11) |
| 8. court's observations on selection committee's actions (Para 12 , 14) |
| 9. affirmation of petitioners’ rights to regular appointments (Para 13 , 15) |
JUDGMENT :
JYOTI SINGH, J.
1. These writ petitions have been filed by the Petitioners for a direction to the Respondents to treat/declare their services as Assistant Professor (IT) in the Division of IT, Netaji Subhas Institute of Technology (‘NSIT’) as permanent/regular with consequential benefits from the date of their respective appointments. Since common question of law arises in these writ petitions, they were heard together and are being decided by this common judgment.
2. Factual matrix to the extent necessary and emerging from the writ petitions is that NSIT published an advertisement in the Employment
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.
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....
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 retrospective application of amended rules introducing contractual mode of appointments to the disadvantage of the incumbents is impermiss....
Only employees appointed through a proper recruitment process against sanctioned posts are entitled to regularisation; temporary appointments do not confer such rights.
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