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$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010077422021 + W.P.(C) 1213/2021, CM APPL. 3390/2021, CM APPL. 25812/2021
MITHLESH KUMAR RAI
.....Petitioner Through: Mr. R.K. Kapoor, Ms. Shweta Kapoor, Mr. Rajat Kapoor and Ms. Shivangi Chaturvedi, Advocates.
versus
UNION OF INDIA & ANR.
.....Respondents Through: Mr. Satyendra Kumar, Advocate for R-2. Ms. Avshreya Pratap Singh Rudy, CGSC with Ms. Nyasa Sharma and Ms. Nishtha Dhall, Advocates for R1.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R %
17.09.2026
1. The Petitioner, who was engaged on a contractual basis with the North East Centre for Technology Application and Reach [“NECTAR”], impugns the communication dated 30th December, 2020 whereby he was informed that the Selection Committee had not recommended his candidature and that his contractual engagement would come to an end on 31st December, 2020. The Petitioner further seeks continuation in service and consequential benefits, relying upon, inter alia, the length of his service with NECTAR and the nature of duties discharged by him. 2. This petition has been pending before this Court along with other matters concerning the engagement of contractual employees with NECTAR. In particular, it was being heard along with W.P.(C) 5606/2017 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2026 at 11:41:47
and W.P.(C) 1802/2021, which raised, inter alia, issues concerning continuation of contractual engagement, regularisation and the rights claimed by long-serving contractual employees. The aforesaid matters came to be decided by this Court vide order dated 18th March, 2026. 3. This petition was also listed before the Court on 18th March, 2026, along with W.P.(C) 5566/2017. However, on that date, Mr. R.K. Kapoor, counsel for the Petitioner, stated that he would argue the matter in person. The petition was accordingly re-notified. This petition has, thus, come up separately for consideration, whereas the connected matters raising substantially similar issues have since been decided. 4. The issues raised in this petition have been squarely covered by the decision of this Court in Somveer Yadav v. North East Centre for Technology Application and Reach (NECTAR) & Anr., W.P.(C) 5606/2017 and connected matter W.P.(C) 1802/2021, decided on 18th March, 2026, as well as the decision in Joginder Singh v. North East Centre for Technology Application and Reach & Ors., W.P.(C) 2392/2022, decided on 22nd January, 2026. In Somveer Yadav, this Court considered the claims of contractual employees who sought continuation in service and challenged the consequences flowing from the recruitment process undertaken by NECTAR. The Court held that participation in a fresh selection process does not confer a right to appointment or continuation and that a contractual employee cannot claim continuation merely on the basis of long service.
Similarly, in Joginder Singh, the Court considered claims founded upon long contractual engagement and held that such engagement, by itself, does not create any enforceable right to regularisation or continuation in service in the absence of a legal entitlement recognised This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2026 at 11:41:47
under the applicable service framework. 5. The Petitioner has also relied upon subsequent developments concerning the revival and filling up of posts in NECTAR. However, these developments do not alter the legal position governing the Petitioner’s claim. Although certain factual circumstances of the present case may differ from those considered in the aforesaid decisions, the issues arising for
consideration are substantially the same. The factual dissimilarities are only superficial in nature and do not, in any manner, impact the outcome of the present proceedings. Accordingly, the aforesaid decisions are applied mutatis mutandis.
6. In view of the above, the present petition is dismissed. Pending applications, if any, also stand disposed of.
SANJEEV NARULA, J SEPTEMBER 17, 2026 nk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2026 at 11:41:47