Temporary appointee cannot claim preferential treatment.

Markandey Katju, C.J.

These four writ appeals involve common questions of law, and hence are being disposed of by a common judgment.

2. We have heard learned counsel for the parties, and have perused the record.

3. All the appellants were appointed as Guest Lecturers in various departments in Government Arts/Science/Engineering/Law Colleges in the State of Tamil Nadu, and were not appointed in a regular capacity. Their prayer in the writ petitions is that they should be permitted to continue as Guest Lecturers till regular appointments were made on the posts of lecturers.

4. Before dealing with the contentions of the learned counsel for the appellants it is necessary to state certain background facts. Upto the year 1989 the posts of lecturers, etc. in the Government Arts, Science, Engineering and Law Colleges affiliated to various Universities in Tamil Nadu had been filled in through selection by the Tamil Nadu Public Service Commission. By G.O.Ms.No.1342, Education dated 22.09.1989 a Teachers Recruitment Board was formed and the selection to teaching posts for all the aforesaid Colleges was entrusted to the Teachers Recruitment Board. The Teachers Recruitment Board consists of a Selection Committee with a Chairman, Members and Experts, and they were doing regular selection for the aforesaid posts upto the year 2000.

5. It appears that from the year 2000 regular selections through the Teachers Recruitment Board on the posts of Lecturers in the Government Colleges are not being made in the State of Tamil Nadu. Instead by G.O.Ms.No.61 Higher Education dated 02.03.2000 it was provided that vacancies caused by the retirement/death/resignation of the teachers in these colleges could be filled in by appointing Guest Lecturers to be appointed by the Principals of the respective colleges without any regular selection by the Teachers Recruitment Board. These Guest Lecturers would be appointed only till the regular selection made by the Teachers Recruitment Board or upto 31st March of the immediately succeeding year, whichever is earlier. Such Guest Lecturers would be paid a remuneration of Rs.100/- per hour and a maximum of Rs.4,000/- per month. Similar Government Orders have been issued repeatedly thereafter. The latest G.O.Ms.No.265, Higher Education (G I) Department, dated 15.06.2004 states:-

ABSTRACT

Collegiate Education Appointment of 1,250 Guest Lecturers in Constituent Colleges (erstwhile Government Arts and Science Colleges) for the year 2004-2005 – Orders – Issued.

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Higher Education (G I) Department

G.O.Ms.No.265 Dated:15.06.2004

Read:

1.G.O.Ms.No.61, Higher Education, dated 02.03.2000

2.Letter Ms.No.272, Higher Education, dated 19.09.2001

3.G.O. (ID) No.158, Higher Education, dated 08.10.2001

4.G.O.Rt.No.263, Higher Education, dated 23.08.2002

5.G.O.Rt.No.282, Higher Education, dated 24.07.2003

6.Director of Collegiate Education, Letter

Rc.No.19845/D2/2004, dt. .4.2004 & 28.05.2004

ORDER

In the letter 6th read above, the Director of Collegiate Education has stated that there are 1496 Lecturer posts vacant in Government Constituent Colleges and requested the Government to fill up the above posts by Guest Lecturers so that students do not suffer.

2. The Government have examined the request of the Director of Collegiate Education at para-1 above and permit to fill up the vacant post by 1250 Lecturers by the Principals of erstwhile Government Arts and Science Colleges without consulting the Employment Exchanges at a remuneration of Rs.100/- per hour and Rs.4000/- per month and they may remain in the post until either regular hands are selected by the Teachers Recruitment board or at the end of March 2005 whichever is earlier.

3. The Director of Collegiate Education is requested to follow the following norms while engaging the Guest Lecturers.

4. The Director Collegiate Education will intimate the number of Guest Lecturers to be engaged in each sub