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P. B. SURESH KUMAR, C. S. SUDHA
Sree Sankaracharya University of Sanskrit, Rep. By Its Registrar – Appellant
Versus
Unnikrishna Pillai J. , S/o. Janardhanan Pillai – Respondent
JUDGMENT :
P.B. Suresh Kumar, J.
1. The pivotal question that arises for consideration in these matters revolves around the right of the petitioners in the writ petitions from which the appeals have arisen to claim absorption as Assistant Professor in the regular establishment of Sree Sankaracharya University of Sanskrit (the University), a University established in accordance with the provisions contained in the Sree Sankaracharya University of Sanskrit Act, 1994 (the Act).
2. Before dealing with the said question, it is necessary to give an outline of the relevant facts as also a brief narrative of the submissions made by the learned counsel for the parties on either side.
3. W.A.Nos.96 of 2022 and 352 of 2022 are directed against the judgment in W.P.(C) No.3363 of 2018, of which W.A.No.96 of 2022 is by the University and its Vice Chancellor and W.A.No.352 of 2022 is by the petitioner therein. W.A.No.98 of 2022 is directed against the judgment in W.P.(C) No.29677 of 2016. The appellants therein are the University and its Registrar. W.A.Nos.206 of 2022 and 325 of 2022 are directed against the judgment in W.P.(C) No.15257 of 2021, of which W.A.No.325 of 2022 is by the University, its V
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
(1) Regularization of Contract employees – A window of opportunity must be given to them to compete with available talent through public advertisement.(2) Benefit of age relaxation without any qualif....
The court recognized the right of the State to appoint persons on temporary basis to meet its exigencies, and held that the failure of the ATTC to maintain the student to lecturer ratio and the petit....
Regular appointments have to be made in accordance with the rules and by giving wide publicity, considering all eligible candidates.
The main legal point established in the judgment is that the erroneous termination of a contract employee can lead to their entitlement to regularization in service, based on the unique circumstances....
Temporary employees cannot be replaced by other temporary appointees; regularization must follow due process ensuring fairness and equality in employment.
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