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2025 Supreme(Online)(Ker) 50238

2025 KER 68685
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Nishanth R, S/o.Mr.K.Raghavan – Appellant 
Versus 
State Of Kerala – Respondent 
W.A.No.1664, 1694, 1707, 1716, 1736 and 1842 of 2024
Decided on : 15-09-2025
Advocates Appeared :
For the Appellant : SHRI.KALEESWARAM RAJ, SMT.APARNA NARAYAN MENON, KUM.THULASI K. RAJ
For the Respondent : SMT. NISHA BOSE, SR. GOVT. PLEADER, SRI. S.P. ARAVINDAKSHAN PILLAI, SC, CUSAT

Contractual employees do not have an inherent right to renew or extend their contracts post-expiration per statutory regulations, reinforcing that employment rights are expressly governed by contract terms.

Headnote:(A) Constitution of India - Article 226 - Kerala High Court Act, 1958 - Writ appeal against judgment regarding contractual employment of Assistant Professors - Petitioners sought to continue contractual employment despite term expiration, citing rights from past service. The court ruled that petitioners could not claim continuance post-contract expiry and established irrelevance of temporary versus regular employment distinction in context of statutory provisions. The UGC Regulations mandate that contracts cannot exceed specified terms without review and renewed recruitment. (Paras 1-46)

(B) Employment Law - Contractual Employment - Rights of Contract-Based Faculty - Court reaffirmed legal understanding that contractual employment does not confer inherent rights beyond the contract duration, aligning with principles established in multiple Supreme Court judgments disallowing automatic renewal. (Paras 1-46)

Facts of the case:
The appellants, Assistant Professors on contract basis, disputed their non-renewal upon contract expiration based on UGC regulations. They requested the right to continue in service until the university conducted regular appointments.

Findings of Court:
The High Court affirmed the lower court's ruling, enforcing limits on contract durations according to UGC Regulations, and declared that past service does not create rights to continued employment.

Issues: The primary questions included whether the petitioners had a right to continue post-contract and whether the university's limitations on contract periods were justifiable.

Ratio Decidendi: The court determined that contractual terms govern employment rights, rejecting claims to continued employment after contract expiration as contrary to established UGC regulations and employment law principles.

Result: Appeals dismissed.

JUDGMENT :

Anil K. Narendran, J.

These writ appeals filed under Section 5 (i) of the Kerala High Court Act , 1958, arise out of the common judgment dated 15.10.2024 of the learned Single Judge in W.P.(C)Nos.34727 of 2023, 35305 of 2023, 3613 of 2024, 4094 of 2024, 4803 of 2024 and 16606 of 2024.

2. W.A.No.1664 of 2024 arises out of the judgment in W.P.(C)No.34727 of 2023; W.A.No.1716 of 2024 arises out of the judgment in W.P.(C)No.3613 of 2024; W.A.No.1842 of 2024 arises out of the judgment in W.P.(C)No.4094 of 2024; W.A.No.1707 of 2024 arises out of the judgment in W.P.(C)No.35305 of 2023; W.A.No.1736 of 2024 arises out of the judgment in W.P.(C)No. 4803 of 2024; and W.A.No.1694 of 2024 arises out of the judgment in W.P.(C)No.16606 of 2024.

3. The appellants-petitioners, who are working as Assistant Professors, on a contract basis, in various departments in the Engineering Colleges under the Cochin University of Science and Technology (CUSAT), have filed those petitions, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking various reliefs, including declaratory reliefs, i.e., a declaration that the petitioners are eligible to continue in their respective departments as Assistant Professors by extension of their temporary appointments until regular appointments are made based on a selection process; a declaration that the petitioners are entitled to continue in their respective posts as Assistant Professors and that, they are not liable to be replaced by another set of temporary hands. The petitioners have also sought for a writ of certiorari to quash the decision taken by the Syndicate in the 713th meeting held on 22.07.2023, to the extent of approving the recommendation of the Standing Committee of the Syndicate on Staff and Establishment, Finance and Purchase and Academic Matters that the continuous engagement of faculties on a contract basis shall not exceed four years; and also the notifications issued by the University for fresh recruitment of Assistant Professors on contract basis in the respective disciplines, initially for a period of one year, which may extended up to two years, with a break during the vacation, i.e., during May and June.

4. In the writ petitions, detailed counter affidavits have been filed on behalf of the University, opposing the reliefs sought for. In the counter affidavits, the University contended that the engagement of the petitioners as Assistant Professors in various departments in the Engineering Colleges under the University was on contract basis, for a period of one year, with a break during the vacation, i.e., during May and June. The petitioners were given extension of their contract appointment, based on the requirement. At the time of their initial appointment on contract basis, as well as on the renewal or extension of the contract, the petitioners have to execute an agreement with the University, on stamp paper, which prescribes the specified period of their appointment, the clauses regarding the absence of an obligation of the part of the University to offer them continued employment after the expiry of the contract period, etc. All the petitioners had executed contract agreements at the time of their initial appointment as well as at the time of the renewal or extension of their appointment. They were granted an extension of their contract appointment, as a special case, in the absence of a valid rank list. True copies of the contracts executed by the petitioners with the University at the time of their initial appointment, as well as at the time of renewal or extension of the contract, are placed on record along with the counter affidavit filed by the University.

5. In the counter affidavits filed on behalf of the University, it was contended that, after agreeing with the period of appointment and executing the contracts with the University, the petitioners are not entitled to turn around and challenge the conditions prescribed in the sa

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