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1985 Supreme(SC) 268

E.S.VENKATARAMIAH, R.B.MISRA
Rattan Lal – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Amlan Ghosh, B.S.Gupta, C.V.SUBBA RAO, H.M.SINGH, I.M.SHROFF, K.C.DUA, K.K.GUPTA, KAILASH VASUDEV, Kirpal Singh, Laxmi Arvind Mathur, Mahabir Singh, N.D.GARG, NAUNIT LAL, P.C.KAPUR, P.SINGH, PANKAJ KAIRA, R.Banna, R.C.PATHAK, R.K.AGNIHOTRI, R.N.Poddar, R.P.GUPTA, R.RAMACHANDRAN, Ranbir Yadav, RATHIN DAS, RISHI KUMAR, S.C.Jindal, S.K.Bagga, S.K.Bisaria, S.M.Ashri, S.SRINIVASA VARMA, SARVA M.MITTER, V.C.MAHAJAN, Vinod Arya, VISHNU MATHUR

Judgment

VENKATARAMIAH, J.:- In all these petitions the common question which arises for decision is whether it is open to the State Government to appoint teachers on an ad hoc basis at the commencement of an academic year and terminate their services before the commencement of the next Summer vacation, or earlier, to appoint them again on an ad hoc basis at the commencement of next academic year and to terminate their services before the commencement of the succeeding summer vacation or earlier and to continue to do so year after year. A substantial number of such ad hoc appointments are made in the existing vacancies which have remained unfilled for three to four years. It is the duty of the State Government to take steps to appoint teachers in those vacancies in accordance with the rules as early as possible. The State Government of Haryana has failed to discharge that duty in these cases. It has been, appointing teachers for quite some time on an ad hoc basis for short periods as stated above without any justifiable reason. In some cases the appointments are made for a period of six months only and they are renewed after a break of a few days. The number of teachers in the Stat





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