Punjab University Directed to Regularize Contractual Professors Within Six Weeks

Punjab and Haryana High Court Orders Regularization of Contractual Employees, Challenging Misuse of Temporary Appointments

In a landmark decision, the Punjab and Haryana High Court has directed Punjab University to regularize two contractual Assistant Professors who have been serving for over 12 years. The judgment, delivered by Justice Jagmohan Bansal, underscores the court's commitment to ensuring fair employment practices and challenges the exploitation of temporary contracts by government institutions.

The petitioners, Nishi and another faculty member, were appointed as Assistant Professors in Commerce and Computer Science respectively, after following a due appointment process in 2012. Despite holding sanctioned posts, their employment had been extended repeatedly on a contractual basis, prompting them to seek regularization and contest the university's recent advertisement for the same positions.

Justice Bansal emphasized that the petitioners were not backdoor entrants, as their appointments followed an open advertisement and interview process, meeting qualifications prescribed by the University Grants Commission (UGC). The court highlighted the misuse of contractual employment as a systemic issue that undermines workers' rights and job security.

Referencing pivotal Supreme Court rulings, including the judgment in "State of Karnataka v. Umadevi," the court clarified that while regularization is not applicable to backdoor or irregular appointments, it is justified for employees recruited through a transparent process against sanctioned posts. The court noted that the decision in "Uma Devi" was meant to prevent illegal appointments and exploitation, not to deny rights to employees with long, continuous service in sanctioned roles.

The judgment also criticized the university's failure to formulate a regularization policy, urging States and Union Territories to refrain from exploiting contractual employees and to make permanent appointments following prescribed procedures. Justice Bansal ordered the university to regularize the petitioners within six weeks, granting them seniority and regular pay thereafter.

The ruling serves as a precedent for other contractual employees in similar situations and encourages institutions to review their employment practices. Punjab University is advised to consider regularization for other long-serving contractual faculty members, avoiding further litigation and fostering equitable treatment within its workforce.

Bottom Line:

Regularization of contractual employees holding sanctioned posts after following due appointment procedure cannot be denied based on the judgment in Uma Devi, which primarily applies to backdoor entrants and irregular appointments.

Statutory provision(s): Articles 226/227 of the Constitution of India

Nishi v. Punjab University, (Punjab And Haryana) : Law Finder Doc Id # 2806701