MOHD. AZEEM Vs. JAMIA MILIA ISLAMIA

JUDGEMENT

(1.) NO one appears for the petitioner although it is 2.40 P.M. I have therefore perused the record and am proceeding to decide the matter.

(2.) PETITIONERS were appointed as temporary teachers in the school run by the respondent University. Petitioner no.1 was appointed as teacher Grade II (English) on 17.10.1994 and petitioner no.2 was employed w.e.f

(3.) THE respondent University would be an instrumentality of State as per Article 12 of the Constitution of India because not only education is a public duty/public function but also because the respondent University is funded by the Government through University Grants Commission. An instrumentality of State cannot regularize casual or temporary or contractual employees in view of the ratio of the Constitution Bench judgment of the Supreme Court in the case of Secretary, State of Karnataka Vs. Umadevi and Ors. (2006) 4 SCC 1. Following is the ratio of the Constitution Bench judgment in the case of Umadevi (supra):