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2013 Supreme(Pat) 43

AJAY KUMAR TRIPATHI
Anand Kumar – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared
For the Petitioners: Mr. Y.V. Giri, Mr. Pranav Kumar
For the Respondent/s: Mr. SC 7 Mr. H.P. Singh, Mr. Arbind Kumar

ORDER

1. Adhocism seems to be the bane for most of the ills of the Higher Education in the State of Bihar. Series of decisions over long period of time rendered by the Apex Court or this Court has not helped in cleaning up the stable, as would be evident from reading of the present writ application and the issues raised therein.

2. As far back as in the year 1989, the Hon’ble Supreme Court had taken note of the manner in which large number of adhoc teachers came to be appointed, either by Vice Chancellors or Principals of various colleges, without any advertisement or sanctioned posts being available. Though ad hoc appointments were valid for a period of six months but they have been allowed to continue from one decade to the next. The Hon’ble Supreme Court in the order contained in Annexure- 2 has also taken note of the case where salary was being paid to such teachers from provident fund, development fund, building fund etc. which can never be the source for funding such teachers. Clear directions came to be issued on 6th of December, 1989 to bring an end to the adhocism by resorting to permanent arrangement. The direction of the Apex Court is reproduced herein below :

“(i) The U

























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