Court affirms that constitutional principles of equality and fair opportunity must prevail, denying regularisation of temporary hires without due process.
In a significant ruling, the Jammu and Kashmir High Court dismissed petitions filed by Pir Mohd Ishaq and others, seeking the regularisation of their temporary employment with the University of Kashmir. The judgment, delivered by Justices Sanjeev Kumar and Sanjay Parihar, reaffirmed the constitutional mandate for public employment to adhere to principles of equality and equal opportunity, as enshrined in Articles 14 and 16 of the Indian Constitution.
The petitioners, employed as Junior Engineers on a temporary "Hire and Fire" basis since 2017, challenged the University's decision to issue a new advertisement for regular appointments to these positions. They argued that their prolonged service of over nine years should entitle them to regularisation. However, the court found no merit in their plea, emphasizing that appointments made without adherence to due process do not confer any right to regularisation or absorption.
Drawing from the landmark Supreme Court judgment in Secretary, State of Karnataka v. Uma Devi (2006), the High Court reiterated that regularisation cannot be claimed as a right by those appointed without proper selection processes. The court also highlighted that the doctrine of legitimate expectation cannot be invoked by temporary employees to seek regularisation when appointments bypass constitutional mandates.
Furthermore, the court declined to quash the University's advertisement notification, allowing the petitioners the liberty to participate in the upcoming selection process with age relaxation. This decision underscores the court's commitment to ensuring that public employment remains a fair and competitive process, accessible to all eligible candidates.
The judgment serves as a reminder of the constitutional obligations of state institutions to conduct employment processes transparently and equitably, preventing the regularisation of backdoor appointments that circumvent established rules.
Bottom line:-
Public employment must adhere to the constitutional principles of equality and equal opportunity under Articles 14 and 16 of the Indian Constitution. Regularisation of temporary, adhoc, or contractual employees engaged without a proper selection process is impermissible.
Statutory provision(s):
Constitution of India - Articles 14, 16
