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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) PRINCIPAL SEAT
ROBIN PHUKAN
O. Anjana Devi, D/o Shri O. Churmoni Singha – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. M.K. Choudhury, learned Senior Counsel, assisted by Mr. A.U. Ahmed, learned counsel for the petitioners. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education, appearing for the respondent No.2, Mr. R.M. Das, learned standing counsel for the respondent No.3, Mr. R.R. Kaushik, learned standing counsel for the N.C. Hills and Mr. P.P. Dutta, learned standing counsel for the respondent No.5.
2. In this petition, under Article 226 of the Constitution of India, three petitioners, namely, Ms. O. Anjana Devi, Ms. Priyanka Hojai and Ms. Anima Das, have prayed for issuing direction to the respondent authorities to regularize their services as Lecturers/Assistant Professors in the department of Physics, History and Zoology, respectively, in Haflong Government College, by relaxation of Rules as has been done in the case of similarly situated Lecturers of Government Colleges including Haflong Government College, vide orders dated 02.06.2006, 27.02.2016 and 12.06.2017 (Annexures-14, 28 and 29), issued by the Higher Education Department.
3. The background facts leading to filing of the present writ petition is briefly stated as under:-
“The petitione
The principle of equality mandates that similarly situated individuals must receive akin treatment regarding service regularization, emphasizing that the failure to regularize the petitioners while o....
Regularization of public employment requires adherence to established recruitment processes; negative equality cannot justify irregular appointments.
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
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.
The main legal point established in the judgment is the requirement for conducting regular selections for the post of Asstt. Professor in accordance with the UGC Regulations of 2010, and the emphasis....
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