Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
4. The decision in State of Karnataka v. Umadevi was rendered on
10.4.2006 (reported in 2006 (4) SCC 1). In that case, a Constitution Bench
of this Court held that appointments made without following the due process
or the rules relating to appointment did not confer any right on the
appointees and courts cannot direct their absorption, regularization or re-
engagement nor make their service permanent, and the High Court in
exercise of jurisdiction under Article 226 of the Constitution should not
ordinarily issue directions for absorption, regularization, or permanent
continuance unless the recruitment had been done in a regular manner, in
terms of the constitutional scheme; and that the courts must be careful in
ensuring that they do not interfere unduly with the economic arrangement of
its affairs by the State or its instrumentalities, nor lend themselves to be
instruments to facilitate the bypassing of the constitutional and statutory
mandates. This Court further held that a temporary, contractual, casual or a
daily-wage employee does not have a legal right to be made permanent
unless he had been appointed in terms of the relevant rules or in adherence
4
of Articles 14 and 16 of the Constitution. This Court however made one
exception to the above position and the same is extracted below :