The High Court of Jammu & Kashmir and Ladakh at Srinagar has ruled that the Indira Gandhi National Open University (IGNOU) Regional Centres, especially in Jammu & Kashmir, the North-East, and Sikkim, operate as permanent establishments with cadre posts. This decision came in three connected writ petitions seeking regularisation of contractual and daily-wage employees engaged at the IGNOU Regional Centre in Srinagar.
The Court directed that the petitioners’ cases for regularisation be considered in line with the Division Bench judgment, which set aside an earlier order that had declared the petitioners deemed regular employees. The Division Bench emphasized that despite contractual terms, the Regional Centres maintain permanent cadre posts, justifying the recurrent renewal of contractual engagements.
Background
The petitioners, engaged since 2008 on contractual or daily-wage basis, sought recognition and regularisation as Group C and Group D employees against the posts they were performing. They claimed to have been selected through due process and qualified for their roles. Citing the constitutional principle of equal pay for equal work, they sought parity with regular employees.
They also referred to IGNOU’s Recruitment and Promotional Rules from 2010, under which promotions from Multi-Tasking Staff to Junior Assistant-cum-Typist occur after five years of continuous service, stating that their long service qualified them for such promotion.
University’s Objections
The respondents maintained that the petitioners were engaged purely as daily-wage staff to address seasonal work spikes during admissions and examinations. Therefore, their appointments were stop-gap and not eligible for regularisation under the 2010 Recruitment Rules.
It was also highlighted that some petitioners had not continued their employment fully or were still operating under interim court orders, which did not confer any accrued employment rights. The rules were said to apply only to regular or temporary employees, excluding daily-wagers or contractual staff.
Central UniversityIndira Gandhi National Open UniversityNew Delhi, DelhiAdmission: CUET UG, CUET PGEst. 1985View detailsJNUNAAC A++
NIRF #2 (2025)Jawaharlal Nehru UniversityNew Delhi, DelhiAdmission: CUET UG, CUET PG, NET/JRFEst. 1969View detailsJMINAAC A++
NIRF #4 (2025)Jamia Millia IslamiaNew Delhi, DelhiAdmission: CUET UG, CUET PG, NET/JRFEst. 1920View detailsDUNAAC A+
NIRF #5 (2025)University of DelhiNew Delhi, DelhiAdmission: CUET UG, CUET PG, NET/JRFEst. 1922View detailsCSU
Central UniversityCentral Sanskrit UniversityNew Delhi, DelhiAdmission: CUET UG, CUET PG, NET/JRFEst. 1970View detailsSLBSN
Central UniversityShri Lal Bahadur Shastri National Sanskrit UniversityNew Delhi, DelhiAdmission: CUET UG, CUET PG, NET/JRFEst. 1962View detailsSAU
Central UniversitySouth Asian UniversityNew Delhi, DelhiAdmission: Own Entrance, NET/JRFEst. 2010View detailsPrevious Legal Proceedings
A 2016 writ court order had previously deemed similarly engaged contractual employees as regular, granting them all service benefits retroactively. However, this was overturned on appeal by the Division Bench in 2024, which found the writ court’s interference to be an overreach, noting uncertainty about the permanent status of the Srinagar Regional Centre.
Nevertheless, the Division Bench criticized the university for lacking clarity and fairness in treating these employees, recognizing that continued contractual renewals led the workers to perceive themselves as quasi-permanent staff essential to regional centre operations.
High Court’s Directions
The current High Court, referring to the Division Bench judgment, confirmed the permanent establishment status of the Regional Centres in J&K and directed the university authorities to consider the regularisation claims of the petitioners accordingly.
This represents a significant development towards regularising long-serving daily-wage and contractual employees at IGNOU’s Regional Centres in Jammu & Kashmir and ensures recognition of their continual service and contributions.
What This Means for IGNOU Staff
Staff currently engaged on short-term or daily-wage contracts at IGNOU Regional Centres in Jammu & Kashmir can expect their cases for regular employment consideration under the cadre system of the university. This move emphasizes employment stability and fair treatment in line with constitutional principles and internal recruitment rules.
