Back
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA
Rahul Amin Reza Son of Asaddar Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. K.P.Pathak, learned Senior Counsel assisted by Mr. M.Sharma, learned counsel for the petitioners. Also heard Mr. K.Gogoi, learned counsel for the Higher Education Department. 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 petitioners who are Guest/Part-Time Assistant Professors (Technical) in the Barak Valley Engineering College, have prayed for setting aside the Advertisement dated 25.05.2017 and the consequential notifications dated 25.09.2018, 08.10.2018, 30.09.2019 and 15.10.2019, by which applications were invited for regular appointment to the post of Assistant Professors (Technical) in the Barak Valley Engineering College, Karimganj. The petitioners ground of challenge is that they are currently working against sanctioned posts of Assistant Professors (Technical) in the said College and as such, their services as Guest/Part-Time Assistant Professors (Technical) should be absorbed.
3. The case of the petitioners is that pursuant to an Advertisement dated 24.12.2016, inviting applicants for engagement
Temporary or irregular employees lack a legal right to permanent status unless appointed per relevant rules, as established in Uma Devi (3).
Temporary appointments do not create a vested right for regularization unless specific conditions, including a minimum service period without interim protection, are met.
Temporary employees lack a legal right to regularization unless appointed per relevant rules; participation in selection waives claims for regularization.
Temporary employees cannot claim regularization without meeting Supreme Court criteria, including continuous service without interim protection.
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 or contractual employees lack legal entitlement to regularization unless appointed through lawful selection processes as established by precedent.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
The main legal point established in the judgment is that the Petitioners' service should have been regularized as they were engaged against sanctioned posts by following due process of selection and ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
