IMPORTANT POINT
Temporary employees lack a legal right to regularization unless appointed per relevant rules; participation in selection waives claims for regularization.

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 be regularized. The prayers of the petitioners is that the impugned advertisement dated 30.12.2024, for filling up 138 regular vacant posts of Lecturers (Technical) and 96 regular vacant posts of Lecturers (Non- Technical), should be set aside, in view of the fact that the services of the petitioners, who have been working as Guest/Part-Time Lecturers for 7/8 years in various Polytechnics, should be regularized.

4. The facts of the case is that pursuant to an advertisement dated 24.12.2016 for engagement of Guest/Part-Time Lecturers in new Polytechnics, the petitioners participated in the same and they were selected. After the selection process was over, the Joint Secretary to the Government of Assam, Higher Education Department wrote a letter dated 13.02.2017 to the Director of Technical Education, Assam conveying the approval of the Government in the Higher Education Department for engagement of the petitioners from April, 2017, subject to the condition that -

i. Appointment should be purely temporary basis till regular appointment of faculties against created posts.

ii. Salary/remuneration should be fixed pay only.

iii. All the existing procedures, if any, should be strictly followed for appointment of the Guest/Part-Time Faculties.

5. Consequent to the above, the petitioners were appointed as Guest/Part Time Lecturers (Technical) and (Non-Technical) for an initial period of 6 months in February, 2017. One appointment order, which is similar to others is reproduced hereinbelow, as follows :

“On compliance and submission of undertaking as per Letter No. TE(E)A- 1/2016/498 Dated 01.02.2017, this letter of engagement is issued to you to serve as Guest/ Part-Time Faculty against the post sanctioned vide Govt. Letter No. ATE.141/2016/65 Dated 23.12.2016 in Mechanical Engineering at Baksa Polytechnic, Belguri Pather with a monthly fixed remuneration of Rs.25,000/-.

You are to report to the office of the undersigned on 01.04.2017 positively for undertaking your duties of engagement for commencement of academic session at Baksa Polytechnic in particular and in any other Polytechnic in general as directed. This engagement is initially for a period of six months from the date of reporting and may be renewed 25 per requirement of the Department. However, this engagement shall not be claimed for regular appointment.”

6. 3 months after the petitioners’ appointments, the State respondents issued an advertisement dated 25.05.2017, for filling up of 113 vacant posts of Lecturers (Technical) and 86 posts of Lecturers (Non-Technical). The present writ petitioners herein, instead of submitting their applications to take part in the selection process for regular appointment, challenged the advertisement