Umadevi Bars Regularization Without Sanctioned Posts — (2026) INSC 523
The appellants were never appointed against sanctioned posts and were not selected through any recognized recruitment process. Under Umadevi, regularization is impermissible.
Sukhendu Bhattacharjee v. State of Assam — (2026) INSC 523Core Argument
The appellants were never appointed against sanctioned posts and were not selected through any recognized recruitment process. Under Umadevi, regularization is impermissible. The Cabinet decision cannot override the constitutional scheme of public employment. The exception carved out in paragraph 53 of Umadevi applies only to irregular appointments in sanctioned posts, which the appellants do not satisfy.
Key Precedents
- Secretary, State of Karnataka v. Umadevi (2006) 4 SCC 1 — Constitution Bench held that regularization of employees appointed de hors sanctioned posts is impermissible; exception applies only to irregular appointments in sanctioned posts for ten years or more without court protection.
- State of Karnataka v. M.L. Kesari (2010) 9 SCC 247 — Clarified that one-time measure under Umadevi applies only to employees working in vacant posts and possessing requisite qualification.
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BENCH QUESTION
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