IMPORTANT POINT
Temporary appointments do not create a vested right for regularization unless specific conditions, including a minimum service period without interim protection, are met.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. K. P. Pathak, learned senior counsel, assisted by Mr. M. Sarma, 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 07.02.2025, passed by the learned Single Judge in WP(c)8073/2019, 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:

On the establishment of the Barak Valley Engineering College, Karimganj; the Government vide a communication, dated 19.08.2009, created 50 posts in various categories including 37 posts of Lecturers[rechristened as Assistant Professors(Technical)]. The Government, thereafter, arrived at a decision to populate the post of Assistant Professors (Technical) with necessary staff by recruiting the same on contractual basis pending regular selection in the matter.

Accordingly, the Director, Technical Education, Assam, issued an advertisement, dated 24.12.2016, inviting applications from candidates having AICTE/UGC norms, as adopted by the Government of Assam, for engagement as Guest/Part-Time Faculty at the level of Professor, Associate Professor and Assistant Professor in Barak Valley Engineering College, Karimganj.

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 in various Departments.

In terms of the said engagement letter, dated 08.02.2017, the appellants, herein, were to report for joining in their respective service on 01.04.2017, and further, the engagement so effected, was initially for a period of 6 months from the date of reporting, with provision for renewal 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 new Polytechnics and Barak Valley Engineering College, Karimganj, 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 service 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 66(sixty six) posts of Assistant