The main legal point established in the judgment is that an Advertisement Notice seeking to fill a post held by the petitioner through ad hoc arrangement was impermissible and violative of the rights guaranteed under Articles 14 and 16 of the Constitution. The court also emphasized the need for the respondents to consider the petitioner's case for regularization in accordance with the law laid down by the Supreme Court.

1. This writ petition, having been finally heard, is admitted to hearing.

2. The petitioner has filed this writ petition seeking issuance of writ of certiorari for quashing Advertisement Notice dated 20.07.2007 whereby the migrant post of Lecturer in the Department of Media Education and Research Centre (MERC), University of Kashmir, presently held by the petitioner, has been notified for temporary appointment. The petitioner has also prayed for issuance of writ of Mandamus commanding the respondents to regularize his appointment against the said post. The factual matrix of the case, as put forth by the petitioner, is summarized below:

3. Pursuant to an advertisement notice dated 21.08.1990 issued by the University, the petitioner, after participating in the selection process, was appointed on ad hoc basis as Lecturer in Media Education and Research Centre, University of Kashmir, vide order no. F(Apptt-Adhoc Lecturers) Adm/KU/91 dated 04.04.1991. Eleven other persons were also appointed by the same order. It is borne out from the aforesaid appointment order that the ad hoc appointments were to last for six months or till the posts were filled up substantively or till the leave vacancies were available / migrant teachers rejoined, whichever would occur earlier. It appears that the petitioner and the similarly appointed persons were continued on their respective posts beyond the period of six months as fixed in the aforesaid order of appointment. However, in the 1994, apprehending his ouster and replacement by similar arrangement, the petitioner along with some similarly placed appointees of the University filed writ petition, SWP no. 1513/1994 seeking restraint against termination of their ad hoc appointments against such posts with prayer for a direction to allow them to continue on their respective posts and to regularize their services against the posts held by them. In that petition, a Coordinate Bench of this Court passed an interim direction on 21.12.1994 to the effect that the petitioners shall be allowed to continue as Lecturers in their respective departments till further orders from the Court. It was also directed that they shall be paid their salaries and no breaks shall be given in their services.

4. Pursuant to the above, the petitioner continued to work as Lecturer in the Media Education and Research Centre, University of Kashmir. Meanwhile, it appears that, vide order dated 16.12.1999, the services of the petitioner as ad hoc Lecturer were terminated. The petitioner filed writ petition, SWP no, 512/2000, challenging the aforesaid termination order. The writ petition was allowed by the Court vide judgment dated 04.12.2003 in the following manner:

"In view of the above, this petition, after being admitted to hearing, is allowed. The impugned order of termination is hereby quashed and it is directed that the petitioner shall be deemed to be in service. Quashment of the impugned order will not prevent the respondents from initiating action against the petitioner in accordance with the rules, if they so desire."

It also appears that the University filed a Letters Patent Appeal against the aforesaid judgment of the learned Writ Court, which was, however dismissed. Consequently, the petitioner was reinstated and he continued on the post.

5. Meanwhile, the bunch of writ petitions, filed by numerous persons appointed on ad hoc basis against the vacancies which had been caused in various Government Departments, organizations and the University on account of migration of holders thereof and came to be popularly known as migrant vacancies / posts, were referred to and disposed of by a Full Bench of this Court vide order dated 28.06.2001 on a statement made by the learned Advocate General and with consent of the learned counsel for the respective petitioners, providing as under:

"(i) The State Government shall allow all the petitioners appointed against migrant vacancies to continue till an appropriate scheme for their regularizatio

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