MANISH SHARMA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) BY way of this writ petition the petitioners seek a writ in the nature of mandamus directing the respondents to grant exemption to the petitioners from recruitment rules and that the petitioners be also absorbed into the post of medical Officer (Ayurveda) towards existing vacancies. In the alternative, the petition seeks a direction in the nature of certiorari to set aside and quash the Policy Decision of the respondent No. 2 dated 13. 11. 2006.

(2.) IN my view, neither of these prayers can be granted as prayed for.

(3.) INSOFAR as the first aforesaid prayer is concerned, it cannot be granted, in view of the decision of the Supreme Court in Secretary, State of karnataka and Ors. vs. Umadevi and Ors. ; AIR 2006 Supreme Court 1806, where it was, inter alia, observed that contract employees have no right to regularisation of service, notwithstanding their length of service as a contract employee, if their appointment per se is dehors the statutory scheme for making appointments to a public post. This Court cannot issue mandamus to an employer for regularization of services of employees dehors the recruitment rules. The power and discretion of the High Court under Article 226 of the Constitution of india cannot be invoked to direct a Statutory Authority to act contrary to law.