IMPORTANT POINT
Temporary employees cannot claim regularization without meeting Supreme Court criteria, including continuous service without interim protection.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. P. K. Goswami, learned senior counsel, assisted by Ms. J.Goswami, learned counsel, and Mr. B. P. Borah, learned counsel, appearing on behalf of the appellants. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department; and Mr. T. J. Mahanta, learned senior counsel, assisted by Ms. P. Sarma, learned counsel; appearing on behalf of their respective respondents.

2. The appellants, herein, by way of instituting the present intra-Court appeal, have presented a challenge to a judgment & order, dated 28.01.2025, passed by the learned Single Judge in WP(c)8795/2019, rejecting the claim of the appellants for having the contractual appointment effected in their cases, regularized against the sanctioned posts so available.

3. The brief facts requisite for adjudication of the issues arising in the present intra-Court appeal, is noticed, as under:

The Government on the establishment of 11(eleven) new Polytechnics in the State and consequent creation of posts in such newly created polytechnics; a decision was arrived at for filling up of the said posts, including the posts of Lecturers so created, by way of engaging qualified personnel as Guest/Part Time Faculty.

In view of the said decision so arrived at; the Director, Technical Education, Assam, issued an advertisement, dated 24.12.2016, inviting applications from candidates having the prescribed AICTE/UGC norms adopted by the Government of Assam for engagement as Guest/Part Time Faculty in the newly established 11(eleven) Polytechnics in the State, as spelt-out therein.

The said recruitment was required to be so made by way of evaluating the candidates through a walk-in-interview. The appellants, herein, being eligible, had submitted their respective applications for being considered for recruitment as Guest/Part-Time Faculty pursuant to the said advertisement, dated 24.12.2016. On conclusion of the said recruitment process, a select list was prepared and published vide Notice, dated 01.02.2017, by the Director, Technical Education, Assam.

In pursuance of selection of the appellants, herein, they were issued with individual engagement letters engaging them as Guest/Part-Time Faculty against various Departments.

In terms of the said engagement letter, dated 06.02.2017, the appellants, herein, were to report for joining in their respective institution on 01.04.2017. The engagement so effected, was stipulated to be initially for a period of 6 months from the date of reporting and may be renewed as per the requirement of the Department. It was further stipulated that the engagement so effected, shall not be claimed for regular appointment. Thereafter, the Government in the Higher Education Department, vide communication, dated 13.02.2017, conveyed its approval towards the engagement of Guest/Part Time Faculty in 11(eleven) newly established Polytechnics in the State from April, 2017, onwards, subject to the following conditions:

“ 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.”

The appellants, herein, have projected that in terms of the engagement letters so issued to them, they had joined their respective services w.e.f. 01.04.2017. Pursuant to the joining of the appellants, herein, w.e.f. 01.04.2017, within a period of less than 2 months; on a requisition so made by the Higher Education Department; the Assam Public Service Commission(APSC) issued an advertisement, dated 25.05.2017, inviting applications, amongst others, for filling up of 113 nos. of vacant posts of Lecturers(Technical) and 86 nos. of vacant posts of Lecturers(Non- Technical) in various Polytechnics of the State,