Can a writ court direct regularisation of a temporary employee under Article 226 despite non-compliance with recruitment rules?

No. The High Court, exercising judicial review under Article 226 of the Constitution, cannot direct an employer to regularise the services of a temporary employee in violation of the recruitment rules in force; such a power would fall beyond the realm of judicial review.

Constitution of India, 1950 — Art. 226 — Art. 14 — Art. 16 — Tamil Nadu Judicial Ministerial Service Rules — Rule 16(e)(i) — Regularisation — Temporary appointment against non-sanctioned post — Constitution of India, 1950 — Art. 226 — Judicial review — Limits on power to direct regularisation — Held: A writ court exercising judicial review under Article 226 cannot direct an employer to regularise a temporary employee's service in violation of the recruitment rules in force, such a direction falling beyond the realm of judicial review. (¶17) Tamil Nadu Judicial Ministerial Service Rules — Rule 16(e)(i) — Temporary appointment — No preferential claim to future appointment — Held further: An appointment made under Rule 16(e)(i) confers no probationer status and no preferential claim to future appointment, and having accepted these terms the employee cannot turn around and claim permanency without undergoing the regular recruitment process. (¶8, 16) Constitution of India, 1950 — Art. 14 — Art. 16 — Equal opportunity — Sanctioned vacant posts through open competitive process — Held further: Regularisation, absorption or permanent continuance cannot be directed unless the employee was appointed pursuant to a regular recruitment in an open competitive process against sanctioned vacant posts, since back-door appointments dilute the equality clause and constitute a constitutional sin. (¶10, 18, 19) Tamil Nadu Judicial Ministerial Service Rules — Rule 16(e)(i) — Non-sanctioned post — Direction for regular recruitment with participation opportunity — Held further: Temporary appointments cannot be allowed to continue indefinitely so as to generate expectations of regularisation; the Judicial Department must undertake regular recruitment on an annual basis to fill sanctioned posts, and the petitioner shall be permitted to participate in such recruitment, with age relaxation if necessary, without dispensing with educational and essential qualifications. Writ petition disposed of, with no order as to costs. (¶24, 25, 26)

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