Kerala High Court
Nishanth R vs State Of Kerala on 6 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:305
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 202 OF 2026
PETITIONERS:
1 NISHANTH R
AGED 41 YEARS
S/O.MR.K.RAGHAVAN,ADV. ASSISTANT PROFESSOR (CONTRACT),
BRANCH: ELECTRONICS AND COMMUNICATIONS COCHIN
UNIVERSITY COLLEGE OF ENGINEERING, KUTTANADU,
PULINCUNNU, ALAPPUZHA -688 504, RESIDING AT GOKULAM,
352/C, NO.10, VARAPARAMBIL ROAD, W.KADUNGALLOOR,
ALUVA, ERNAKULAM, PIN - 683110
2 MALINI MOHAN
AGED 43 YEARS
W/O.RAJESH V, ASSISTANT PROFESSOR (CONTRACT),
BRANCH: ELECTRONICS AND COMMUNICATIONS COCHIN
UNIVERSITY COLLEGE OF ENGINEERING, KUTTANADU,
PULINCUNNU, ALAPPUZHA -688 504, RESIDING AT NANDANAM,
EAST NADA, AMBALAPPUZHA, ALAPPUZHA, PIN - 688561
3 AKHILA L
AGED 38 YEARS
W/O.MR.VARUNLAL R, ASSISTANT PROFESSOR (CONTRACT),
BRANCH: ELECTRONICS AND COMMUNICATIONS COCHIN
UNIVERSITY COLLEGE OF ENGINEERING, KUTTANADU,
PULINCUNNU, ALAPPUZHA -688 504, RESIDING AT
THATTAMVELIYIL, KADAKKARAPPALLY P.O. CHERTHALA,
ALAPPUZHA, PIN - 688529
BY ADVS.
SHRI.KALEESWARAM RAJ
SMT.CHINNU MARIA ANTONY
SMT.APARNA NARAYAN MENON
2026:KER:305
W.P.(C) No.202/2026
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RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY
REPRESENTED BY THE REGISTRAR,
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
UNIVERSITY ROAD, SOUTH KALAMASSERY,
KALAMASSERY, KOCHI, ERNAKULAM,
KERALA, PIN - 682022
3 VICE CHANCELLOR
COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY,
UNIVERSITY ROAD, SOUTH KALAMASSERY,
KALAMASSERY, KOCHI, ERNAKULAM,
KERALA, PIN - 682022
4 DEPUTY REGISTRAR
COCHIN UNIVERSITY OF SCIENCE &
TECHNOLOGY,UNIVERSITY ROAD,
SOUTH KALAMASSERY, KALAMASSERY,
KOCHI, ERNAKULAM, KERALA, PIN - 682022
5 PRINCIPAL
UNIVERSITY COLLEGE OF ENGINEERING,
KUTTANAD, PULINCUNNU,
ALAPPUZHA, PIN - 688504
ADV.SRI.S.P.ARAVINDAKSHAN PILLAY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:305
W.P.(C) No.202/2026
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N. NAGARESH, J.
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W.P.(C) No.202 of 2026
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Dated this the 6th day of January, 2026
JUDGMENT
~~~~~~~~~ Petitioners are working as Assistant Professors on contract basis in various Departments in the College of Engineering, Alappuzha under the Cochin University of Science and Technology (CUSAT), Kochi. They were appointed with effect from various dates since the year 2014. The contracts of the petitioners were extended from time to time.
2. The petitioners state that on 09.08.2023, the Registrar of the University issued Ext.P4 order stating that no employees' contract will be extended beyond four or five years so as to avoid gratuity payment. A notification dated 2026:KER:305 W.P.(C) No.202/2026 :4: 01.10.2023 was issued for appointment of new faculty members to various positions in the Institute. The petitioners hence filed W.P.(C) No.34727/2023. While so, the respondents again issued a notification dated 06.01.2024 inviting applications for appointment to the post of Assistant Professor, as per Ext.P6.
3. W.P.(C) No.34727/2023 filed by the petitioners was disposed of by a learned Single Judge of this Court holding that the petitioners do not have the right to continue in the post after the completion of the terms specified in the respective contracts. Aggrieved by Ext.P7 judgment dated 15.10.2024 of the learned Single Judge, the petitioners preferred W.A. No.1664/2024 and connected appeals. Those appeals were dismissed. The petitioners thereupon filed SLP Nos.32180-32182 of 2025 which were also dismissed. The respondents thereafter issued Ext.P9 order dated 01.01.2026 terminating the service of the petitioners.
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4. The petitioners state that the impugned termination of the service of the petitioners is a malafide exercise of power. A Division Bench of this Court, referring to the judgment in Jaggo v. Union of India [2024 SCC OnLine SC 3826], has held that the Constitution Bench judgment in Umadevi (3) [(2006) 4 SCC 1] does not authorise penalisation of employees who have rendered long years of service.
5. All the petitioners have put in a good time of their life in serving the University. Most of them have served for more than ten years. All of them were appointed after due selection process. Therefore, they are to be considered for regularisation. Notifying the vacancies for fresh recruitment without considering the petitioners' claim for regularisation is highly arbitrary and illegal. The petitioners seek to declare that they are entitled to be regularised with effect from the date of entry in service in the respective posts.
6. I have heard the learned counsel for the petitioners and the Standing Counsel for the University.
2026:KER:305 W.P.(C) No.202/2026 :6:
7. The petitioners had approached this Court filing W.P.(C) No.34727/2023 and connected cases challenging fresh recruitment. After considering various judgments of the Hon'ble Apex Court, this Court disposed of the writ petitions with the following directions:-
(i) The petitioners do not have the right to continue in the posts after the completion of the terms specified in the respective contracts entered with the University unless the said term is extended by the University.
(ii) The restrictive clause contained in the notification dated 01.10.2023 that "the candidates who have worked for four years or more on contract appointment in this University will only be considered in the absence of qualified candidates who have not completed four years of appointment on contract basis" is not legally sustainable.
(iii) All the petitioners will have the right to participate in the selection process notified as per the Notification dated 1.10.2023 or any other notifications irrespective of the length of service they have already completed under contract employment with the University.
(iv) The University shall provide preference by way of additional grace marks for the services already rendered by the respective petitioners while conducting selection process for subsequent appointments, if not already provided, by adopting a reasonable criteria determined by the University.
2026:KER:305 W.P.(C) No.202/2026 :7:
8. The petitioners preferred writ appeals against Ext.P7 judgment. A Division Bench of this Court again considered the issue elaborately and held that the appellant-petitioners cannot seek a writ of mandamus commanding the University to permit them to continue as Assistant Professors on contract basis, after completion of their terms.
9. The argument of the petitioners is that W.P. (C) No.34727/2023 was filed by them against replacement of their service by making other temporary appointments. There was no prayer for regularisation of their service, in W.P.(C) No.34727/2023. Therefore, in the writ appeals, the Division Bench did not consider their claim stating that there is no prayer for regularisation in their writ petitions. Ext.P7 judgment has merged with Ext.P8 judgment of the Division Bench. Any observation in Ext.P7 judgment therefore cannot affect the claim of the petitioners for regularisation of service. In the light of the law laid down by the Hon'ble Apex Court in 2026:KER:305 W.P.(C) No.202/2026 :8: Jaggo (supra), the respondents are compellable to retain the petitioners in service and regularise them.
10. It may be noted that the petitioners have voluntarily entered into service contracts agreeing on specific terms regarding the tenure of appointment. The recruitment notifications contained a condition that the period of appointment shall be initially for a period of one year which was extendable upto two years. Before entering into service, the petitioners executed individual contracts with the University. The contract also provided that it shall not be obligatory on the part of the employer to provide any employment to the appointee on the expiry of the contract period in the University. It was made clear that it shall not be obligatory on the part of the appointees to accept an employment under the employer after the contract period.
11. When a person enters a temporary employment or gets engagement as a contractual or casual worker, he is aware of the consequences of the appointment 2026:KER:305 W.P.(C) No.202/2026 :9: being temporary, casual or contractual in nature. Such persons cannot invoke the theory of legitimate expectation for being confirmed in the post, when appointments are to be made following a procedure for selection. There is no fundamental right for those who have been employed on temporary or contractual basis to claim that they have a right to be absorbed in service. Regular appointments can be made only consistent with the requirements of Articles 14 and 16 of the Constitution of India.
In the afore facts of the case, I do not find any merit in the writ petition. The writ petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE aks/07.01.2026 2026:KER:305 W.P.(C) No.202/2026 : 10 : APPENDIX OF WP(C) NO. 202 OF 2026 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.RECT/2020120AP(CONTRACT)/SOE-CUCEK-
KMSME(PF-1) (I) DATED 24.06.2021
ISSUED BY THE REGISTRAR.
Exhibit P2 TRUE COPY OF THE LETTER
NO.AD.F3/CONTRACT/CUCEK(ECE)/2018 DATED 12.08.2022 ISSUED BY THE DEPUTY REGISTRAR EXTENDING THE SERVICE OF THE PETITIONERS FOR A PERIOD OF ONE YEAR WITH EFFECT FROM 11.08.2022.
Exhibit P3 TRUE COPY OF THE LETTER NO.AD.F3/CONTRACT/CUCEK(ECE)/2018 DATED 12.07.2023 ISSUED BY THE DEPUTY REGISTRAR.
Exhibit P4 TRUE COPY OF THE ORDER
NO.CUSAT/AD(F).F3/3602/2023 DATED
09.08.2023.
Exhibit P5 TRUE COPY OF THE TERMINATION ORDER OF
SRI. RASHID KAREEM ALONG WITH TYPED
COPY.
Exhibit P6 TRUE COPY OF THE NOTIFICATION DATED
06.01.2024 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P7 TRUE COPY OF JUDGMENT IN WP(C) NO.
34727 OF 2023 AND CONNECTED MATTERS
DATED 15.10.2024 PASSED BY THE HON'BLE HIGH COURT OF KERALA.
Exhibit P8 TRUE COPY OF JUDGMENT IN W.A NO.
1664/2024 AND CONNECTED MATTERS DATED 15.09.2025 PASSED BY THE HON'BLE HIGH COURT OF KERALA.
Exhibit P9 TRUE COPY OF ORDER NO. CUSAT/AD(F).
F3/2/2026 DATED 01.01.2026 ISSUED BY THE RESPONDENTS.
Exhibit P10 TRUE COPY OF THE ACADEMIC CALENDAR 2026:KER:305 W.P.(C) No.202/2026 : 11 : 2025-2026 (COMPUTER GENERATED).
Exhibit P11 TRUE COPY OF THE COPY OF THE INVIGILATOR ATTENDANCE TABLE FOR BTECH DEGREE I SEMESTER REGULAR AND SUPPLEMENTARY EXAMINATION IN CE/CS/EC/EE/IT/ME/SE ISSUED BY THE PRINCIPAL, CUSAT DATED 19.12.2025.