Regularisation or permanent absorption can be granted to employees only if the initial appointment was made in accordance with rules and procedures contemplated. Appointments made through back-door methods cannot be a ground to seek regularisation, the Madurai Bench of Madras High Court observed.
Dismissing the petition filed by a part time Vocational Instructor seeking to be employed permanently in a government school, Justice S.M. Subramaniam observed that if back-door appointments were regularised, then the Right of Equality will be denied to all candidates, who were aspiring to secure employment through the open competitive process.
The court was hearing the petition filed by G. Jeyapal of Madurai who was appointed as a part-time Vocational Instructor by the Parents Teachers Association of the school. The petitioner said that he was working in the said post from 1998 and therefore taking into account that he was continuously engaged, his appointment should be regularised.
Taking into account the fact that the petitioner was appointed by the Parents Teachers Association, which was an association constituted for the welfare of the students, the judge observed that the association was not an authority to appoint teachers in government schools. Therefore, the appointment was not in accordance with the rules, the court said.
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