Authority: High Court of Meghalaya at Shillong

Order Date: 30.06.2026

Case Overview

  • Parties: Petitioners – All NEHU Workers' Union (ANWU), represented by President Shri Napoleon S. Mawphniang; Respondents – North Eastern Hill University (NEHU) and its Registrar.
  • Nature of Proceeding: Writ petition (WP(C) No. 135 of 2025) seeking a mandamus directing the University to regularize/absorb casual workers who have served for more than ten years.
  • Background: The Union claims 201 of its members occupy posts within the 401 sanctioned Group‑C positions, fulfilling essential functions despite being appointed irregularly (not illegal). The petition relies on the principle from Umadevi (2006) 4 SCC 1 that long‑serving employees in irregular appointments may be considered for regularization.
  • Legal Submissions:
  • Petitioner's counsel cited Jaggo vs. Union of India (2024 SCC OnLine SC 3826), Vinod Kumar & Ors. vs. Union of India (2024 9 SCC 327), and Dharam Singh & Ors. vs. State of U.P. (2025 SCC OnLine 1735) to argue that irregular appointments, when continuous for over ten years, merit regularization.
  • Respondent's counsel argued the workers are casual employees not appointed against sanctioned posts, referencing the earlier High Court decision in Tanbor Langbang & Ors. vs. NEHU (WP(C) No. (SH) 113 of 2011, judgment dated 03.05.2013) which dismissed a similar petition.
  • Both sides discussed the distinction between “irregular” and “illegal” appointments, with the court noting recent jurisprudence that narrows the scope of Umadevi to allow one‑time regularization for qualifying employees.
  • Key Evidence: An RTI response dated 18.10.2024 revealed:
  • Total sanctioned posts: Group‑B – 122; Group‑C – 401.
  • Current regular staff: Group‑B – 63; Group‑C – 183.
  • Vacant posts: Group‑B – 24; Group‑C – 185.
  • Advertisements for 14 Group‑B and 140 Group‑C posts were issued on 03.11.2023 but subsequently withdrawn.
  • Service Tenure: Union members have continuous service ranging from 10 to 30 years, many receiving statutory deductions (EPF/ESI) and being on the official payroll.

Final Outcome

  • The Court finds merit in the petitioners’ arguments and rejects a blanket denial of regularization.
  • The University must constitute a duly appointed Committee, chaired by an officer not below the rank of Registrar and including senior members from Finance and Administration, to review its sanctioned strength and the identified vacancies.
  • The Committee shall assess eligibility of Union members for regularization, subject to qualification criteria under prevailing rules.
  • The entire exercise must be completed within six (6) months from the date of the order.
  • Until the review is concluded, no displacement of the temporary workers listed in the petitioner's chart is permitted.
  • The writ petition is hereby closed and disposed of.

Topics: Labour Regularization, Public University Employment