IMPORTANT POINT
Appointment – An ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed.

ORDER

B.R. Gavai, J.

Leave granted.

2. The present appeals challenge the common judgment and order dated 8th February, 2017, passed by the Division Bench of the High Court of Madhya Pradesh, Gwalior Bench, in Writ Appeal No. 386 of 2016 along with companion matters, thereby allowing the appeals filed by the State of Madhya Pradesh as well as the Jan Bhagidari Samiti and setting aside the common judgment and order dated 29th September, 2016 passed by the learned single judge of the High Court of Madhya Pradesh, Gwalior Bench in Writ Petition (Civil) Nos. 4716 of 2016, 5326 of 2016 and 5145 of 2016.

3. The facts in the present case are taken from Writ Petition (Civil) No. 4716 of 2016.

4. The State Government of Madhya Pradesh, vide Notification dated 30th September, 1996, started a Scheme known as "Jan Bhagidari Scheme" (hereinafter referred to as "the said Scheme"). As per the said Scheme, the Government had decided that the local management of the Government Colleges was to be handed over to a Committee so as to ensure public participation in the Government Colleges. Under the said Scheme, the said Committees were to be constituted having members from various fields. The Chairman of the said Committee was to be appointed by the State Government from the members of the concerned Civic Body, District Panchayat, Member of Legislative Assembly (MLA) or Member of Parliament (MP). The District Collectors or their representative were to be the ex-officio Deputy Chairman of the General Council of the said Committee. The representatives of the donors, farmers, and the representative of benefitting schools were to be the members of the said Committee. The said Committee was known as Jan Bhagidari Samiti.

5. Vide the Government Circular/Order dated 5th October, 2001, the State Government decided to start some courses on a self-financing basis. For the said courses, the appointments were to be made on contractual/tenure basis and the honorarium of the teachers and other staff was to be decided by the said Committee.

6. In pursuance to the said Scheme, an advertisement came to be issued in the year 2014 for appointment of teachers as guest faculty for the Academic Year 2014-2015 in different Colleges. The writ petitioners in Writ Petition (Civil) No. 4716 of 2016, having requisite qualifications, applied to the advertised positions in pursuance to the said advertisement. Upon their selection by the duly constituted Committee, they were appointed. After the end of the Academic year, the writ petitioners were discontinued from service. Fresh advertisements were issued for the next Academic Year 2015-2016. Being aggrieved thereby, the writ petitioners approached the High Court by way of Writ Petition (Civil) No. 4716 of 2016. The said writ petition was allowed by the learned single judge of the High Court vide judgment and order dated 29th September, 2016, thereby directing that the writ petitioners therein would continue to work on their respective posts till regular selections were made. It was also directed that the writ petitioners therein were entitled to get the salary in accordance with the UGC circular issued in February, 2010.

7. Being aggrieved thereby, the State Government as well as the Presidents of the Jan Bhagidari Samitis preferred appeals before the Division Bench of the High Court. The Division Bench of the High Court by the impugned judgment and order dated 8th February, 2017, allowed the writ appeals and set aside the judgment and order passed by the learned single judge of the High Court. Being aggrieved thereby, the present appeals by way of special leave.

8. We have heard the Shri Rana Mukherjee, learned Senior Counsel appearing on behalf of the appellants and Shri K.M. Nataraj, learned Additional Solicitor General ("ASG" for short) appearing on behalf of the respondents.

9. Shri Rana Mukherjee, learned Senior Counsel, would submit that the Division Bench of the High Court has erred in interfering with the judgment and order pas