2006 (8) TMI 514 - SC - Indian Laws

Mehar Chand Polytechnic, Jalandhar, undertook a Community Polytechnic Project - As regards recurring nature of expenditure, Instructor were to be appointed on a consolidated amount - The expenditure shown above are at the maximum limit and the actual expenditure on each item should be limited to the bare minimum.

Summary

Issues Involved:
1. Legal right of regularization of respondents appointed for a fixed period in a project.
2. Compliance with statutory rules and constitutional provisions for appointments.
3. High Court's authority to direct regularization of services.

Detailed Analysis:

1. Legal Right of Regularization of Respondents Appointed for a Fixed Period in a Project:

The main issue revolves around whether the respondents, who were appointed for a fixed period in a project, have a legal right to regularization in their services. The respondents were appointed under a scheme issued by the Ministry of Human Resources Development, Government of India, which specifically stated that no regular staff should be appointed until final guidelines were approved. The appointment letters clearly mentioned that the positions were temporary and could be terminated with 15 days' notice. The Supreme Court emphasized that the project was not intended to provide employment but to educate rural people to utilize their lands more beneficially. The respondents did not have a legal right to be absorbed in service as they were appointed purely on a temporary basis without compliance with Articles 14 and 16 of the Constitution.

2. Compliance with Statutory Rules and Constitutional Provisions for Appointments:

The Court underscored that public employment is a facet of the right to equality under Article 16 of the Constitution. The State's right to create posts and recruit people must emanate from statutes or statutory rules framed under Article 309 of the Constitution. The recruitment process must ensure equal opportunity to all eligible candidates. The Court noted that the respondents were not recruited in terms of statutory rules, nor were the vacancies notified to the Employment Exchange. The Constitution Bench in Secretary, State of Karnataka and Others v. Umadevi and Others [(2006) 4 SCC 1] held that appointments made in violation of the statute or the equality clause in Articles 14 and 16 are void and of no effect. The respondents' appointments were not made following the regular recruitment procedure, and thus, they could not claim regularization.

3. High Court's Authority to Direct Regularization of Services:

The High Court directed the appellant to create suitable posts and consider regularizing the respondents' services. However, the Supreme Court found this direction contrary to established legal principles. The Court referred to several precedents, including Delhi Development Horticulture Employees' Union v. Delhi Administration, Delhi and Others [(1992) 4 SCC 99] and State of Himachal Pradesh v. Nodha Ram and Others [AIR 1997 SC 1445], which held that temporary or project-based employees do not have a right to regularization. The Constitution Bench in Umadevi (supra) reinforced that appointments made without following statutory rules do not confer any right to regularization. The Supreme Court concluded that the High Court could not issue a writ of mandamus for regularization in the absence of any legal right of the respondents.

Conclusion:

The Supreme Court set aside the High Court's judgment to the extent it directed the creation of posts and regularization of the respondents' services. The Court reiterated that regularization is not a mode of appointment and emphasized the necessity of adhering to constitutional and statutory provisions in public employment. The appeals were allowed, and the parties were directed to bear their own costs.