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MICHAEL ZOTHANKHUMA
Pramila Kumari Prajapati D/o Late Dashrath Prajapati – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. D. Das, learned Senior Counsel assisted by Mr. H.K. Nath, learned counsel appearing for the petitioner in all the three writ petitions. Also heard Mr. K.Gogoi, learned counsel for the State respondents while Mr. U.B. Sharma, learned counsel appears for respondent Nos.17 to 32 in WP(C)/8795/2019. Ms. P.Sharma, learned counsel appears on behalf of Mr. T.J. Mahanta, learned Senior Counsel for the Assam Public Service Commission (APSC).
2. The three writ petitions are being taken up together in view of the fact that the issue to be decided is the same in all the three writ petitions. The petitioners in WP(C) 9795/2019 and WP(C) 157/2025 are the same, i.e, they are working as Guest/Part Time Lecturers (Technical) in various Polytechnics, while the petitioners in WP(C) 159/2015 are working as Guest/Part Time Lecturers (Non-Technical).
3. The case of all the writ petitioners is that as they have been working for a period of 7/8 years in various Polytechnics as Guest/Part Time Lecturers against sanctioned posts and were selected after the posts were advertised. Thus, their services should b
Temporary employees lack a legal right to regularization unless appointed per relevant rules; participation in selection waives claims for regularization.
Temporary or irregular employees lack a legal right to permanent status unless appointed per relevant rules, as established in Uma Devi (3).
Long service on a contractual basis does not confer a legal right to regularization without a formal scheme in place, as established by Supreme Court precedents.
Temporary employees cannot claim regularization without meeting Supreme Court criteria, including continuous service without interim protection.
Temporary or contractual employees lack legal entitlement to regularization unless appointed through lawful selection processes as established by precedent.
Temporary appointments do not create a vested right for regularization unless specific conditions, including a minimum service period without interim protection, are met.
The main legal point established in the judgment is the requirement for conducting regular selections for the post of Asstt. Professor in accordance with the UGC Regulations of 2010, and the emphasis....
Regularization of part-time employees must adhere to the principles of regular appointment and cannot be granted as a back-door entry.
Point of Law : The appointment of such an employee should not be illegal, even if irregular. Where the appointments are not made or continued against sanctioned posts or where the persons appointed d....
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