The Madras High Court has dismissed a petition moved by 61 contract assistant professors on consolidated pay at Anna University seeking to regularise their service in the post of assistant professors after holding that the appointment does not confer any right or privilege for a regular, permanent or tenure appointment in the university.
Chennai:
However, dismissing the petition, Justice S M Subramaniam said, “When the terms and conditions of the appointments are unambiguous and the writ petitioners had accepted the terms and conditions and served under the university, now they cannot come out with a writ petition by stating that they are entitled to be regularised in the sanctioned post of assistant professor in the regular time scale of pay.”
Also, noting that once the employees have accepted the terms and conditions, they cannot seek regularisation or permanent absorption in violation of the recruitment rules in force, the judge said, “This court is of the considered opinion that the claim of the writ petitioners for regularisation, cannot be considered in view of the fact that the regular appointments are to be made strictly in accordance with the recruitment rules in force as well as the UGC regulations in the matter of appointment of collegiate teachers.”
“Appointment to the public posts to be made strictly in accordance with the rules. Equal opportunity in public employment is the constitutional mandate and the authorities competent while undertaking the process of selection must ensure that equal opportunity is provided to all the eligible persons, who all are aspiring to secure public employments through open competitive process,” Justice Subramaniam said.
He also noted that in view of the legal principles settled, the petitioners are bound to participate in the process of selection whenever the recruitment notification is issued and secure the appointment to the post of assistant professor and cannot claim regularisation by virtue of their service on contract basis in a consolidated salary.
The petitioners were engaged as contract assistant professors on contract basis for a period of one year on a consolidated salary of Rs 14,000/- per month. The order while prescribing the duties also stated that the appointment does not
confer any right or privilege for a regular, permanent or tenure appointment in the University. Based on this, the plea moved seeking for a direction to regularise their services.
However, dismissing the petition, Justice S M Subramaniam said, “When the terms and conditions of the appointments are unambiguous and the writ petitioners had accepted the terms and conditions and served under the university, now they cannot come out with a writ petition by stating that they are entitled to be regularised in the sanctioned post of assistant professor in the regular time scale of pay.”
Also, noting that once the employees have accepted the terms and conditions, they cannot seek regularisation or permanent absorption in violation of the recruitment rules in force, the judge said, “This court is of the considered opinion that the claim of the writ petitioners for regularisation, cannot be considered in view of the fact that the regular appointments are to be made strictly in accordance with the recruitment rules in force as well as the UGC regulations in the matter of appointment of collegiate teachers.”
“Appointment to the public posts to be made strictly in accordance with the rules. Equal opportunity in public employment is the constitutional mandate and the authorities competent while undertaking the process of selection must ensure that equal opportunity is provided to all the eligible persons, who all are aspiring to secure public employments through open competitive process,” Justice Subramaniam said.
He also noted that in view of the legal principles settled, the petitioners are bound to participate in the process of selection whenever the recruitment notification is issued and secure the appointment to the post of assistant professor and cannot claim regularisation by virtue of their service on contract basis in a consolidated salary.