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1989 Supreme(AP) 387

Andhra Pradesh High Court
Judges : K.A.SWAMI, S.S.M.QUADRI
Moha Ishaq - Appellant
Versus
Osmania University, represented by its registrar, Hyderabad - Respondent
W.A. Nos. 873/85 & 1434/88
Decided On : 08-25-89
Advocates Appeared :
Mr. P. Raghuram,Mr. L. Narasimha Reddy

Headnote:CONSTITUTION OF INDIA, Arts. 14 and Osmania University Act, Sec. 39 - Selection end appointment of Lecturer to a permanent post with specialisation in a subject pursuant to advertisement on temporary basis - University continuing his services for 10 years till next advertisement was made when his services was dispensed with - Not legal Expression adhoc appointment - Meaning.

       Held: The expression adhoc appointment connotes the appointment made as stop gap arrangement for a specified or for a specific- purpose, for example an appointment of a person in a leave vacancy or appointment of guardian for a minor for purposes of suit and the like; when period or purpose is not indicated in the order of appointment, it has to be treated as one for a short period.

       In this case, both from the advertisement as well as from the order of appointment of the petitioner, it is clear that the appointment was in a clear vacancy and not for a fixed period or for any specified purpose. The Selection Committee did select the petitioner and suggested his appointment on adhoc basis. In the absence of any statutory provision to the contra, the function of the Selection Committee is only to test the suitability of the candidate to the post, it is not for the Selection Committee to suggest the nature of appointment, whether it should be permanent, temporary or adhoc. This has to be done by the appointing authority depending upon the requirements of the institution - Where, however, the Selection Committee after selecting a candidate adds temporary or ad hoc , against the name of the candidate, the same has to be ignored as being superfluous.

       The facts clearly indicate that the intention of the appointing authority was no to make ad hoc appointment. Even assuming that the appointment of the petitioner was only adhoc the University cannot now be permitted to advertise the post to fill up the same as it would cause irreperable injury and untold hardship to the petitioner as he has become averaged for any fresh appointment and after having put in ten years of service, he cannot be made to face of risk of under· going a fresh selection once again with uncertain result. Even when the appointment is made adhoc, the action of the authorities prejudicially affecting the interests of the appointees, in exercise of their power, after a lapse of considerable time, cannot but be held to be arbitrary.

       W.A. 873/85 Allowed W.A. 1434/88 Dismissed

SYED SHAH MOHAMMED QUADRI, J.

( 1 ) THESE writ appeals arise in somewhat similar circumstances and raise common questions. So they are heard together and are being disposed of by this common judgment. The parties are referred to as they are arrayed in the writ petitions.

( 2 ) THE factual aspect of the Writ Appeals. W. A. No. 873/85 : the writ petitioner is the appellant in this writ appeal. He holds a degree of M. Sc. , in Genetics from the Osmania University. On his thesis in Immu-nogenetic and Biochemical studies on E. Histolytica and E. Coli, he was awarded Ph. D. , by the Osmania University in 1979. In the same year, the university advertised a post of lecturer in Genetics with specialisation in immunogenetic for the appointment. In response to the said advertisement, the petitioner applied for the said p ost. As the petitioner was the only candidate having doctorate and requisite qualifications and specialisation, he was selected by the selection committee and was appointed as lecturer in osmania University with effect from 6-7-1979. "he has been continuing as lecturer since July, 1979. The Registrar, Osmania University issued proceedings on May 4, 1983 stating that the services of adhoc appointments of the lecturers were dispensed with from May, 1983. The petitioner s name was also included in the list. It is stated that the description in the order of termination that his appointment was adhoc appointment is apparently erroneous as he was fully qualified for the substantive post and was appointed after due selection. It is also added tbat the order of appointment itself does not describe the appointment as adhoc. Contending that now the appointment cannot be termed as adhoc, the petitioner filed the writ petition praying for an appropriate writ, order or direction to call for the records in Proceedings No. 2437/255/79 Adm. 1-2 dated 4-5-1983 and declare the same as illegal and void and for any other appropriate and consequential relief.

( 3 ) 1 he Registrar of Osmania University filed a common counter affidavit in this writ petition and in some other writ petition with which we are not concerned here, stating inter alia that pursuant to the advertisement issued in 1979 calling for applications to the post of Lecturers, Readers and professors in various departments, the petitioner applied for the post of lecturer in the department of genetics. The petitioner was the only candidate as no other application was received for the said post, After interviewing the petitioner, the Selection Committee opined that since only one application was received, the post might be readvertised and the petitioner might be appointed on adhoc basis. Accordingly, the petitioner was appointed on adhoc basis on a consolidated pay of Rs. 700/- per month for a period of one year. Subsequently, the appointment was extended from time to time, each time by one year. The post was readvertised in the year 1983. Number of applications were received this time for the said post. The petitioner had also applied for the same. The Selection Committee assessed the merits of the candidates and found the petitioner not upto the mark for selection and selected some other candidates for the post. Therefore, the services of the petitioner who was holding the post on adhoc basis were dispensed with. It is further stated that the petitioners were never kept on probation. The appointment was for a limited period of one year and the subsequent extension was also for a limited period. Whenever a candidate is regularly selected, he will be placed on the scale of pay of the post and on probation. The petitioner knew fully well the nature of the appointment and the tenure for which he was appointed but did not choose to challenge the same. Having thus accepted the appointment, he is estopped from contending that the selection was on regular basis. When the post which the petitioner was holding, was readvertised he applied for the same without protest. This clearly sugge































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