(1.) Petitioners claim that admittedly, they were employed on ad hoc daily wage basis on 4.8.1999, as stated in para 2 of the of writ petition. Learned Counsel for the petitioners could not place any statutory provision under which they have any right to seek regularization despite the fact that their initial engagement was not made after advertisement of vacancies and complying with the Constitutional requirement of equal opportunity of consideration to all eligible candidates as mandated under Article 16 of the Constitution.
(2.) It is said that authorities have made recommendation for regularization of petitioners. Obviously, when the authorities have engaged petitioners on daily wage basis without undergoing process of recruitment consistent with Article 16, they have shown their favour to petitioners and their recommendation is also the outcome of such favour. But the fact remains that under the law, neither the statute provide or confer any right upon the petitioners to claim regularization nor otherwise a person who has entered a Government service without compliance of procedure prescribed under rules and consistent with Article 16, he cannot claim regularization.
(3.) It further held that the High Courts, acting under Article 226 of the Constitution should not ordinarily issue directions for absorption/ regularization or permanence unless the recruitment itself was made in a regular manner consistent with the Constitutional scheme. The Apex Court in Uma Devi very categorically held :
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