'Sorry State Of Affairs In Puducherry' : Supreme Court Directs CVC Probe Into Illegal Appointments Of Polytechnic Lecturers

While directing a probe into illegal appointments of ad hoc lecturers in Puducherry, the Supreme Court recently invoked its powers under Article 142 of the Constitution and ordered the UT government to regularize services of 18 lecturers, without any involvement of the Union Public Service Commission (UPSC).A bench of Justices Dipankar Datta and Manmohan passed the order, stating,"we also direct that all the 18 incumbent lecturers (15 + 3) be regularized by the Government of Puducherry without any involvement of the UPSC. This order is passed in exercise of powers conferred on us by Article 142 of the Constitution."The matter pertained to 3 lecturers (respondent Nos.1 to 3) appointed on ad hoc basis at Motilal Nehru Government Polytechnic College, Puducherry. Their application seeking regularization (and all consequential benefits) was allowed by the Central Administrative Tribunal, Madras Bench, considering that the relief had been extended to other similarly situated lecturers and respondent Nos.1 to 3 ought not to be discriminated.The High Court upheld the CAT order, but aggrieved by the same, Union of India and Directorate of Technical and Higher Education, Government of Puducherry approached the Supreme Court.Perusing the record, the Supreme Court opined that a "very sorry state of affairs" was prevailing in Puducherry, as out of 51 sanctioned posts of lecturers in the Polytechnic College, 45 were being manned by incumbents appointed on ad hoc basis. Of the 45, 15 lecturers had earlier obtained orders from CAT for regularization of services. The same was upheld by the High Court and not interfered by the Supreme Court (in 2007). Yet, the 15 lecturers remained to be regularized because UPSC refused to accede to the request in that regard, on the basis that it would not be a party to any illegal appointee being regularized in service.Lamenting the non-compliance of its 2007 order, which upheld the direction for framing of a scheme to regularize all casual lecturers, the top Court remarked against the UPSC's stance: "Audacious indeed, considering that an order of this Court is subsisting till date". It was also observed that in the past, UPSC had regularized appointments of ad hoc lecturers in other disciplines of other institutions in Puducherry.The Court further noted that respondent Nos.1 to 3 were appointed in 2005 and the relevant recruitment rules introduced in 2006, but the petitioner-authorities failed to answer as to why the due recruitment process was not conducted immediately after the rules were introduced. On the other hand, the respondent-lecturers remained working since 2005 - without blemish - and had the requisite qualifications for appointment as lecturers.From a legal perspective, referring to Shripal v. Nagar Nigam, Ghaziabad, the Court reiterated that the decision in State of Karnataka v. Uma Devi (3) cannot be used as a shield to justify exploitative engagements persisting for years without the employer undertaking legitimate recruitment process to deny relief of regularization.Ultimately, as a reluctance on the part of the authorities to regularize services of the 15 lecturers who obtained favorable orders earlier could come in the way of the respondent-lecturers, the Court invoked its powers under Article 142 of the Constitution and ordered the UT government to regularize the services of all 18 lecturers (earlier 15 + 3 respondents), without involvement of UPSC."We, however, make it abundantly clear that henceforth, for filling up the six vacant posts or other posts that might fall vacant in the Polytechnic College, the Government of Puducherry shall not proceed for any ad hoc arrangement and all such vacancies must be filled up in accordance with the 2006 Rules that are in force", it added.Taking into account the factum of ad hoc appointment of lecturers at the Polytechnic College, despite introduction of the 2006 Rules, the Court also directed an in-depth investigation by the Central Vigilance Commission to fix responsibility on those responsible (either in service or having demitted office) for the illegal appointments. The CVC shall place on record its report by May 14, 2025."In the matter of public employment, the Government is bound to appoint the best available talent upon issuing advertisements and inviting applications from interested candidates. The manner in which ad hoc lecturers have been appointed in the Polytechnic College by the Government of Puducherry even after the 2006 Rules were introduced warrants an in-depth inquiry to find out who was responsible for such illegal appointments", the order read.Case Title: UNION OF INDIA REP BY GOVERNMENT OF PUDUCHERRY & ANR. VERSUS K. VELAJAGAN & ORS., SLP(C) NO. 2868/2018Citation : 2025 LiveLaw (SC) 170Click Here To Read/Download Order

'Sorry State Of Affairs In Puducherry' : Supreme Court Directs CVC Probe Into Illegal Appointments Of Polytechnic Lecturers

Debby Jain

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