Doctors And Staff Hired Through Selection Must Be Made Permanent, Court Says
Doctors, nurses and staff have run Vasai Virar's municipal health services on contract for years. When the State demanded a written test before regularising them, the Bombay High Court struck it down.
The Court quashed the State and municipal communications requiring a written examination, holding the petitioners cannot be subjected to a written test. They were appointed after advertisement and a selection process that followed the reservation roster, and served for long periods. The corporation must absorb and regularise them, issuing orders within two weeks.
- No second exam for proven staff. They were already selected through an open process.
- Two weeks to issue orders — the Court set a short deadline.
- Ad-hocism was called counterproductive to public services and unfair to workers.
- A one-time State policy was urged, so employees need not come to court.
- Court
- High Court of Judicature at Bombay
- Citation
- W.P. No. 4079 of 2021 and connected petitions
- Case
- W.P. No. 4079 of 2021 and connected petitions
- Decided
- 11 September 2026
- Outcome
- Writ petitions allowed; regularisation directed without written examination
Who the petitioners are
The petitioners work on contract for the Vasai Virar City Municipal Corporation as doctors, para-medical staff and administrative staff, some for very long periods, across its hospitals, urban primary health centres, maternity centres and clinics.
They were recruited through advertised walk-in selections with interviews, following the reservation roster, for six-month terms repeatedly renewed. That was not in dispute.
In January 2026 the State Urban Development Department, and then the corporation, required them to take a written examination before any regularisation.
What the Court held
The Division Bench quashed both communications and held the petitioners cannot be subjected to a written examination, directing the corporation to absorb and regularise them on the posts they hold.
It said ad-hocism maintained for years by public bodies is counterproductive to the functions they serve and causes considerable personal prejudice to contract employees.
Where a qualified and competent workforce is available, it saw no public purpose in not creating sanctioned posts and making regular appointments, and noted that Supreme Court law under Article 141 must be followed in letter and spirit.
The directions
Regularisation orders must be issued within two weeks. The companion petitions, raising the same issues, were disposed of in the same terms.
The Court urged the State and municipal corporations to adopt a comprehensive one-time policy, so long-serving contract employees who meet the requirements need not approach the courts.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can long-serving contract staff be made to sit a written test to be regularised?
Here the Court held they could not, since they were selected through a proper process.
How quickly must the corporation act?
It must issue regularisation orders within two weeks.
If you are asked to requalify after years on contract
- Keep the advertisement, selection records and roster details of your original appointment.
- Document every renewal and your continuous service.
- Show that similarly placed colleagues were regularised without a test.
- Challenge a fresh-examination condition as soon as it is imposed.
Source. High Court of Judicature at Bombay, W.P. No. 4079 of 2021 and connected petitions, decided 11 September 2026 by . This explainer is written from the judgment text as reported.
Claw tracks High Court of Judicature at Bombay and 24 other High Courts, reads every order handed back, and surfaces the directions that carry a deadline. clawlaw.in