The court emphasized the need to consider long-serving guest teachers for regularisation before initiating fresh recruitment processes.

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The petitioner is before this Court seeking for the following reliefs:

I. Issue a writ of certiorari or any other writ, order or direction, 06.05.2025 quashing notification dated bearing no. ASam.ni/adalita/aushi/cr-08/2025-26 dtd 9.05.2025 issued by the respondent no. 2 as per annexure c as illegal and void.

II. Issue a writ of mandamus and declare that the action of the respondent in calling for fresh notification for the appointment of guest lecturers for the next ensuing year, as contrary to law declared in Manish Gupta And Another V/S President Jan Bhagidari Samithi and other vide Annexure B.

III. Issue a writ of mandamus directing the respondents not to discontinue the services of the petitioners as guest teachers/ lecturers till the regular appointments are made to the said posts as per Annexure D.

2. The grievance of the petitioner is that, despite rendering continuous service as Guest Teacher for many years, his case for regularisation has not been considered by the respondents. It is submitted that if his service was to be considered for regularisation, the process of conducting fresh interviews for the same posts would become redundant.

3. There appears to be substance in the submission made by the learned counsel for the petitioner. Under such circumstances, the petitioner ought to have been considered for regularisation of the services of the petitioner, so long as he satisfy all other requirements, and after that for the remaining vacancies the respondents counsel have proceeded with a fresh recruitment process.

4. In light of the above observations, the following order is passed:

ORDER

i) The writ petition is allowed.

ii) Respondents are directed to continue the services of the petitioner as Guest Teacher until the process of regularization is duly considered in accordance with law.

iii) The respondents are further directed to consider the case of the petitioner for regularization, subject to his eligibility, as per applicable rules and regulations, and prior to initiating any fresh recruitment to the said posts.

iv) All pending interlocutory applications, if any, stand disposed of.