THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.23964 of 1999 DATE: 25-2-2010 Between: A.Chandra Reddy …. Petitioner And 1. Indira Gandhi National Open University and 2 others … Respondents THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.23964 of 1999 ORDER: The action of the respondents, in dispensing with the petitioner’s services with effect from 15.3.1999, is the subject matter of challenge in this writ petition as being illegal and arbitrary. The petitioner seeks a consequential direction to the respondents to regularize his services with continuity of service and the payment of his arrears of salary. Facts, in brief, are that the petitioner, on his completing his B.Sc., from Osmania University in the year 1991, was appointed by the 2nd respondent on temporary basis, as a office assistant, in the 3rd respondent – study centre and he was paid Rs.800/- per month. His initial appointment was extended every year till 15.3.1999 on which date his services were dispensed with. The petitioner would submit that the 2nd respondent had orally informed him on 28.9.1999 that the 3rd respondent centre was shifted from Railway Degree College, Lalaguda to P.M.R. Degree College, Bholakpur and, in view thereof, his services were no longer required. The petitioner questions his disengagement on the ground that he was neither put on notice regarding such disengagement nor were his services terminated pursuant to a departmental enquiry. In their counter affidavit, the respondents would state that the study centres are located in existing educational institutions like Universities, Colleges, Libraries etc., as they function in the evenings, on holidays and during vacation; the host institution provides adequate rent-free accommodation for the said centers; the Indira Gandhi Open University (IGNOU) bears all recurring and non- recurring expenditure; the study centres were established in existing colleges mainly to provide students support services; to look after the administrative work of the centre the University had provided support staff at all study centres on part time basis; as per the IGNOU Rules only full time staff employed in the host institutions are appointed as part time functionaries at the study centres; these part time functionaries at study centres are appointed on a year to year basis based on the strength of the students at the particular study centre; one such study centre was opened in the Railway Degree College campus in January, 1992; the petitioner’s name was recommended by the coordinator of the study centre i.e, the Principal of the Railway Degree College, Lalaguda for appointment as a part time assistant and it was made clear in the order of the appointment that he would have no claim for regular appointment. Respondents would state that the part-time appointment of the petitioner was extended at the end of each term on receipt of proposal from the Coordinator of the Study Centre till 1998; the study centre was shifted from the Railway Degree College to PMR Degree College at Bholakpur in the year 1999 and the petitioner’s services were not extended from 31.12.1998 as the full time staff employed in the host institution are alone entitled to be appointed as part time functionaries in the study centers; and the staff of PMR Degree College, Bholakpur are alone entitled to be appointed as part time staff in the study center located in their college. From the facts stated above, it is evident that the petitioner was not appointed through a regular process of selection. His appointment as a part time assistant in the study center, hitherto located in the Railway Degree College, Lalaguda, was on the recommendations of the Principal of the said college. It is also evident that appointment of part time staff at study centres are to be made either from the full time staff of the college in which such study centers are located or at the behest of the host institution. The petitioner was appointed as a part time assistant at the behest of the Principal, Railway Degree College, Lalaguda and, since the study centre was shifted to the college at Bholakpur, it was the host institution at Bholakpur which was entitled to recommend candidates for appointment as part time staff in the study centre now located within their campus. As the petitioner was appointed as a part time assistant through the back door, and not after having undergone a regular process of selection, he cannot, as of right, claim that his services should be regularized or that he should be continued in service (State of Karnataka v. Umadevi[1] and Official Liquidator v. Dayanand[2]). The relief sought for in this writ petition cannot be granted. The writ petition fails and is, accordingly, dismissed. It is, however, made clear that dismissal of this writ petition will not preclude the Indira Gandhi National Open University, if it so chooses, from considering the petitioner’s case for appointment as a part-time assistant in accordance with law. No costs. __________ 25-2-2010 asp [1] (2006) 4 SCC 1 [2] (2008) 10 SCC 1