( 1 ) PROLONGED and repeated bane of Service Jurisprudence of the State of Karnataka has been the appointment of ad hoc/part-time lecturers in the Government Aided Colleges/government independent Junior Colleges and their consequent absorption in service for the purpose of conferment of permanent status. Supreme Court of India in its judgment in Karnataka State private College Stop-Gap Lecturers' Association v State of Karnataka and Others, pointed out as to how an individual problem after becoming the family problem goes on to become a malignant disease afflicting the society in general giving rise to the contending equities between the two groups of 'haves' and 'have nots': It was observed: "2. Ad hoc appointments, a convenient way of entry usually from back-door, at times even in disregard of rules and regulations, are comparatively recent innovations to the service jurisprudence. They are individual problem to begin with, become a family problem with passage of time and end with human problem in Court of law. It is unjust and unfair to those who are lesser fortunate in society with little or no approach even though better qualified, more meritorious and well deserving. The infection is widespread in Government or semi-Government departments or State financed institutions. It arises either because the appointing authority resorts to it deliberately as a favour or to accommodate someone or for any extraneous reason ignoring the regular procedure provided for recruitment as a pretext under emergency measure or to avoid loss of work etc. or the rules or circulars issued by the department itself empower the authority to do so as a stop-gap arrangement. The former is an abuse of power. It is unpardonable. Even if it is found to have been resorted to as a genuine emergency measure the courts should be reluctant to grant indulgence. Latter gives rise to equities which have bothered courts every now and then. Malady appears to be widespread in educational institutions as provisions for temporary or ad hoc appointments have been exploited by the managements of private aided colleges to their advantage by filling it, on one hand, with persons of own choice, at times without following the procedure, and keeping the teachers exposed to threat of termination, on the other, with all evil consequences flowing out of it. Any institution run by state fund but managed privately is bound to suffer from such inherent drawbacks. In State of karnataka it is basically State created problem due to defective rule and absence of any provision to effectively deal with such a situation". It was pointed out by the Supreme Court that the problem is basically a State created problem which arises either because the Appointing Authority resorts to it deliberately as a favour or to accommodate someone or for any extraneous reason ignoring the regular procedure provided for recruitment as a pretext under emergency measure. Appointment on temporary/ad hoc basis have been exploited by the managements to do favours and give appointments to persons of their own choice without following the regular procedure provided for filling up the posts.

( 2 ) IN spite of the above quoted observations of the Supreme Court, the State of Karnataka did not instruct itself well and repeated the mistake by publishing the draft rules called the Karnataka education Department Service (Department of Collegiate Education Department) (Special) rules, 1996 inviting objections from the public. Certain interested persons filed objections. Thereafter, the Government got published the final rules in the Official Gazette on 22nd of january, 1997 called as the Karnataka State Civil Services Rules (Absorption of Persons working as Part-time lecturers in the Karnataka Education Department Service) (Department of collegiate Education) (Special) Rules, 1996 (hereinafter called 'the Absorption Rules' ). Relevant rules for the purpose of adjudication of the issues are:

"2 (b) 'par