SHILLONG, July 2: The High Court of Meghalaya has directed the North-Eastern Hill University (NEHU) to undertake a comprehensive review of its sanctioned strength and existing vacancies in Group-B and Group-C posts for considering the regularisation of eligible members of All NEHU Workers’ Union (ANWU), many of whom have been serving the university for periods ranging from 10 to 30 years.
A single bench of Justice Hamarsan Singh Thangkhiew disposed of a petition filed by ANWU, which was represented by its president Napoleon S Mawphniang. The petition sought directions for the regularisation or absorption of union members who have been working for more than a decade under temporary arrangements.
The union contended that its members had rendered uninterrupted service for long periods and were performing essential functions within the university.
It argued that the appointments were, at most, irregular and not illegal, and relied on various Supreme Court judgments to support its claims for consideration of regularisation.
The union further submitted that information obtained through the Right to Information Act showed that 201 union members were occupying positions within the university’s sanctioned Group-C cadre and that a substantial number of sanctioned posts remained vacant.
NEHU, however, opposed the plea, maintaining that the workers were engaged as casual employees without following any prescribed recruitment process and were not appointed against sanctioned posts. The university also cited an earlier judgment of the High Court in Shri Tanbor Langbang & Others vs NEHU & Others (2013), in which a similar plea by casual workers had been rejected.
After examining the submissions, the court noted that the earlier judgment had indeed held that casual workers were engaged without following the constitutional scheme of public employment and not against sanctioned posts. However, the court observed that subsequent developments in service jurisprudence, particularly recent Supreme Court rulings, required a fresh consideration of the issue.
The court noted that an RTI response dated October 18, 2024, revealed that NEHU had 24 vacant Group-B posts and 185 vacant Group-C posts. The sanctioned strength stood at 122 posts in Group-B and 401 posts in Group-C, while the existing regular workforce numbered only 63 and 183 respectively.
Justice Thangkhiew observed that while public employment must ordinarily be through open competition and due process in accordance with Articles 14 and 16 of the Constitution, the realities of administration often result in workers serving for decades under temporary arrangements.
The court stated that a balance must be struck between the rights of long-serving workers and the constitutional requirement of equal opportunity in public employment.
Holding that a blanket denial of consideration for regularisation would be unjustified, the court directed NEHU to conduct a review of its sanctioned strength and existing vacancies in Group-B and Group-C posts against which eligible union members may be considered for regularisation, subject to fulfilment of the prescribed qualifications and applicable rules.
The court ordered that the exercise be carried out by a duly constituted committee chaired by an officer nominated by the Executive Council not below the rank of Registrar, along with senior members from the finance and administrative branches of the university. The review process is to be completed preferably within six months.
The court further directed that until the exercise is completed, there shall be no displacement of the union members employed in the temporary posts detailed in the writ petition.
