Case Note & Summary
The case pertains to a writ appeal filed by five temporary employees (Venkatesh, Ramesh, Girimallikarjun, Shivappa, and Mohammed Ali) working as Assistants/Typists in the University of Agricultural Sciences, Raichur, against the judgment of a Single Judge dated 22.04.2022 in W.P.No.208440/2017. The Single Judge had dismissed their petition seeking to quash the recruitment notification dated 09.04.2016 and corrigendum dated 10.06.2016 issued by the University. The appellants argued that they had been working on temporary basis for several years and should be regularised without undergoing the recruitment process. The respondents, including the State of Karnataka, the Vice-Chancellor, and the Registrar of the University, opposed the appeal, contending that the recruitment was conducted as per the University of Agricultural Sciences Act, 1963, and the rules framed thereunder. The Division Bench, comprising Justice H.P. Sandesh and Justice T.M. Nadav, heard the matter and dismissed the appeal, holding that temporary employees have no right to regularisation and that the recruitment process must follow statutory rules. The court found no merit in the appeal and upheld the Single Judge's order.
Headnote
A) Service Law - Regularisation of Temporary Employees - University of Agricultural Sciences Act, 1963 - Sections 4, 5 - The appellants, working on temporary basis, sought to quash recruitment notification for regularisation. The Division Bench held that temporary employees have no vested right to regularisation and the recruitment process must be conducted as per statutory rules. The court upheld the Single Judge's order dismissing the writ petition. (Paras 1-10) B) Recruitment - Notification and Corrigendum - University of Agricultural Sciences Act, 1963 - Sections 4, 5 - The challenge to notification dated 09.04.2016 and corrigendum dated 10.06.2016 was rejected as the recruitment process was in accordance with the Act and rules. The court found no merit in the appeal and dismissed it. (Paras 1-10)
Issue of Consideration
Whether the appellants, working on temporary basis as Assistants/Typists in the University of Agricultural Sciences, Raichur, are entitled to regularisation and to quash the recruitment notification dated 09.04.2016 and corrigendum dated 10.06.2016?
Final Decision
The Division Bench dismissed the writ appeal, upholding the Single Judge's order. The court held that temporary employees have no vested right to regularisation and the recruitment process must follow statutory rules. No order as to costs.
Law Points
- Regularisation of temporary employees
- Recruitment process
- University of Agricultural Sciences Act
- 1963
- Section 4 of the High Courts Act
- 1961
- Writ jurisdiction
- Service law
