IMPORTANT POINT
Temporary or irregular employees lack a legal right to permanent status unless appointed per relevant rules, as established in Uma Devi (3).

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 as Guest/Part-Time Faculty Members in the Barak Valley Engineering College, Karimganj, the petitioners took part in the selection process for filing up the vacant posts of Assistant Professor (Technical). The petitioners having been selected, a select list was submitted to the Higher Education Department, Government of Assam for their appointment. The Joint Secretary to the Government of Assam, Higher Education Department, thereafter issued letter dated 13.02.2017 to the Director of Technical Education, Assam, conveying the approval of the Government for appointment of Guest/Part-Time Assistant Professors in the Barak Valley st Engineering College, Karimganj from 1 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.

4. Subsequent to the above letter dated 13.02.2017, the petitioners were appointed as Guest/Part-Time Faculty Members in the month of February, 2017 w.e.f. 01.04.2017, vide their engagement letters, one of which is reproduced herein below as follows:

“Sub : Engagement as Guest/ Part-Time Faculty.

Mr. A. Das, On compliance and submission of undertaking as per Letter No.TE(E)A- 1/2016/499 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.239/2008/5 Dated 19.08.2009 in Electronics & Communication Engineering Department at Barak Valley Engineering College, Karimganj with a monthly fixed remuneration of Rs.30,000/-.
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 Barak Valley Engineering College, Karimganj as directed. This engagement is initially for a period of six months from the date of reporting and may be renewed as per requirement of the Department. However, this engagement shall not be claimed for regular appointment.”

5. The respondents thereafter issued another advertisement dated 25.05.2017, for filling up the vacant posts of Assistant Professor (Technical) on regular basis.

6. The petitioners’ counsel submits that subsequent to the Advertisement dated 25.05.2017, the respondents issued Notifications dated 25.09.2018, 08.10.2018, 30.09.2019 and 15.10.2019, which provided the syllabus for the examination to be held for regular appointment to the post of Assistant Professor (Technical) and the marks to be awarded. However, in the above notifications, no weightage had been provided for the p