Case Note & Summary
The case pertains to a writ appeal filed by the Secretary of Arulmigu Palaniandavar College of Arts and Culture against an order of a learned Single Judge dated 06.07.2021 in W.P.No.308 of 2014. The first respondent, S.Umarani, had filed a writ petition seeking a direction to the HR&CE Department and the college to regularise her services as Assistant Professor of Zoology from the date of her initial appointment in July 2002 with all consequential benefits. The writ court had directed the college to submit a proposal to the Secretary, Higher Education Department, who in turn was directed to process the application and pass appropriate orders within eight weeks. The appellant college challenged this order, contending that the writ court's finding that the first respondent's case was fit for regularisation was contradictory to the direction to take a decision. The Division Bench examined the facts and found that the first respondent was appointed in July 2002 without any advertisement, without following the UGC Regulations and the University Ordinances, and without the approval of the University. The court noted that the appointment was made purely on a temporary basis and that the first respondent did not possess the requisite qualifications. The court held that the appointment was illegal and not irregular, and therefore no direction for regularisation could be issued. The court relied on settled legal principles that all public appointments must be made under the Constitutional scheme and that regularisation cannot be granted for illegal appointments. The court also noted that the first respondent had not challenged the appointment order and had accepted the terms. The Division Bench set aside the order of the learned Single Judge and dismissed the writ petition, holding that the first respondent was not entitled to any relief.
Headnote
A) Service Law - Regularisation of Appointment - Irregular vs Illegal Appointment - Appointment made without following UGC Regulations and University Ordinances is illegal and cannot be regularised - The first respondent was appointed as Assistant Professor in July 2002 without any advertisement or selection committee as per UGC Regulations and University Ordinances - The court held that such an appointment is illegal and not irregular, and therefore no direction for regularisation can be issued - The writ court's order directing submission of proposal for regularisation was set aside (Paras 3-10). B) Constitutional Law - Article 14 - Public Employment - Equality of Opportunity - All public appointments must be made in accordance with Articles 14 and 16 of the Constitution - Any appointment made in violation of the prescribed procedure violates the right to equality of all eligible candidates - The court emphasised that regularisation cannot be a mode of appointment and cannot be granted to those who entered service through backdoor (Paras 3-5). C) Education Law - UGC Regulations - Teacher Eligibility - Appointment of Assistant Professor must be made as per UGC Regulations and University Ordinances - The first respondent did not possess the requisite qualifications and was appointed without following the due process - The court held that such an appointment is void ab initio and cannot be regularised (Paras 6-8).
Issue of Consideration
Whether the writ court was correct in directing the college to submit a proposal for regularisation of the first respondent who was appointed without following the prescribed selection procedure under UGC Regulations and University Ordinances.
Final Decision
The Division Bench allowed the writ appeal, set aside the order of the learned Single Judge dated 06.07.2021 in W.P.No.308 of 2014, and dismissed the writ petition. No costs. Consequently, C.M.P.No.7773 of 2024 is closed.
Law Points
- Public appointments must be made under Constitutional scheme
- Regularisation cannot be granted for irregular appointments
- UGC Regulations and University Ordinances govern teacher appointments
- Writ of Mandamus cannot be issued to regularise illegal appointments
