Facts
The petitioner served as a contractual Teaching Personnel at G.B. Pant University from 2011 to 2015, after which his contract was not renewed.
Source reference: para. 2Pursuant to a 2021 advertisement for similar contractual positions, the petitioner applied but was declared ineligible by the Selection Committee due to pending litigation against the University and allegedly providing false information.
Source reference: para. 2Respondents No. 4 and 5 were subsequently appointed for one semester during the 2021-22 academic year.
Source reference: para. 2-3The petitioner challenged the selection process and later filed an amendment application (IA/9/2026) seeking regularization of his services and a claim for continuous employment since 2016.
Source reference: para. 6Issues
1. Whether the writ petition challenging the appointment of private respondents remains maintainable after the expiry of their contractual term.
Source reference: para. 3, 5, 92. Whether the petitioner can amend the writ petition to seek regularization after being out of employment for over ten years.
Source reference: para. 7-8Law Applied
The court applied the principle of "infructuous litigation," which holds that when the subject matter of a dispute (in this case, a specific contractual appointment term) has expired by efflux of time, the court need not adjudicate upon the merits.
Source reference: para. 9Regarding the amendment of pleadings, the court applied the principle that an amendment that fundamentally alters the "complexion" or nature of the original writ petition, or introduces stale claims after an inordinate delay (laches), should not be permitted.
Source reference: para. 7-8Reasoning
The court observed that the appointments of Respondents No. 4 and 5 were for the 2021-22 academic session and had concluded long ago; thus, even if the petitioner had been successful, his term would have already expired.
Source reference: para. 5Consequently, the primary challenge to the selection process became a matter of academic interest only.
Source reference: para. 9Regarding the amendment application, the court noted that the petitioner had been out of service for over ten years, making a claim for regularization legally untenable.
Source reference: para. 7The court reasoned that shifting the focus from a specific selection challenge to a general claim for regularization would fundamentally change the nature of the petition, which is impermissible at a belated stage.
Source reference: para. 8Holding
The court rejected the amendment application and dismissed the writ petition.
It held that since the term of the challenged appointments had ended years prior, no relief could be granted and the issues raised were purely academic.
Source reference: para. 9The court further held that a claim for regularization cannot be entertained when the individual has been out of employment for a decade.
Source reference: para. 7Proceeding dismissed without relief.
Source reference: para. 9Original Court PDF
AKHIL CHILWALvsG B PANT UNIVERSITY OF AGRICULTURE AND TECHNOLOGY PANTNAGAR
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