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Analysing the retrieved Case Laws
Scanned Judgements…!
Adhoc Committee Practice - Practice of appointing adhoc committees or temporary personnel without proper regularization or following due process has been strongly deprecated by courts, especially the Supreme Court. It is viewed as a practice that undermines transparency and the constitutional principles of equality and merit-based appointments ["2013 0 Supreme(HP) 333"] ["2002 0 Supreme(Raj) 657"] ["IND_HC_PHHC010309632022"] ["2009 Supreme(Online)(All) 212"] ["2009 Supreme(Online)(ALL) 168"] ["2005 0 Supreme(All) 836"] ["2005 0 Supreme(All) 837"].
Specific Insights:
The courts have repeatedly emphasized that adhoc or temporary appointments should not be made for indefinite periods and that authorities should strive for permanent arrangements at the earliest opportunity ["2005 0 Supreme(All) 836"] ["2005 0 Supreme(All) 837"].
Analysis and Conclusion:
References:- ["2013 0 Supreme(HP) 333"]- ["2024 0 Supreme(Ker) 411"]- ["2024 Supreme(Online)(KER) 16746"]- ["2003 0 Supreme(Gau) 575"]- ["2024 Supreme(Online)(Pat) 1742"]- ["2009 0 Supreme(All) 2581"]- ["2002 0 Supreme(Raj) 657"]- ["2002 0 Supreme(Raj) 654"]- ["2022 Supreme(Online)(Guj) 56"]- ["2009 Supreme(Online)(All) 212"]- ["2009 Supreme(Online)(ALL) 168"]- ["2005 0 Supreme(All) 836"]- ["2005 0 Supreme(All) 837"]
In the realm of and public appointments, one recurring question arises: Adhoc committee ‘practice’ ‘deprecated’. This query highlights a critical judicial stance against the formation of or making without proper . Generally, courts across India have consistently viewed such practices as undesirable, often labeling them as deprecated to safeguard principles like transparency, regularity, and the . This blog post delves into the reasons behind this disapproval, key judicial findings, potential consequences, and practical recommendations, drawing from landmark rulings and statutory frameworks.
Whether you're a public servant, institutional administrator, or legal professional, understanding this position can help avoid costly legal challenges. Note that this is general information based on judicial precedents and not specific legal advice—consult a qualified lawyer for your circumstances.
Legal documents and court judgments uniformly establish that appointing or employees is strongly deprecated by the judiciary and statutory authorities. Such practices undermine regularity, transparency, and the , often leading to irregularities, favoritism, and complications. Courts emphasize adherence to prescribed procedures to prevent these issues. 2007 4 Supreme 376 2024 0 Supreme(Pat) 368 2009 5 Supreme 387
Multiple judgments underscore the judiciary's firm opposition. For instance, the , in university appointment contexts, has deprecated made in violation of statutory schemes, calling them wholly illegal and without jurisdiction. 2007 4 Supreme 376
In another case under the Bihar State Universities Act, the Court ruled that constituting not envisaged by statute is invalid, and reconstitutions are impermissible. 2024 0 Supreme(Pat) 368
This stance extends beyond education. Courts have observed that ad hoc engagements by state instrumentalities are strongly deprecated, insisting on regular recruitment. As noted in a decision: With respect why should the State be allowed to depart from normal rule and indulge in temporary employment in permanent posts... Court is bound to insist on State making regular and proper recruitments. 2021 0 Supreme(Gau) 48
High Courts echo this view. In a Jammu and Kashmir case, the court held: Adhoc appointments are not seen with favour by the Courts and are required to be discouraged. Under the garb of adhoc appointment, no person has a right to claim permanent absorption or continuance. 1993 0 Supreme(J&K) 50
Similarly, in Gujarat rulings, while some ad hoc services were regularized for benefits like AGP (Academic Grade Pay), the overarching practice remains frowned upon, with courts quashing belated recoveries but directing continuity only in verified cases. 2022 0 Supreme(Guj) 356 2022 Supreme(Online)(Guj) 7514
Ad hoc setups often trigger undesirable legal fallout. The in clarified that contractual or temporary appointees cannot claim for , deeming such appointments inherently irregular. 2007 4 Supreme 376
Consequences include:- Challenges to service conditions, seniority, and pay.- Invalidity of decisions made by unauthorized committees.- No automatic right to permanence, as affirmed in cases where writs for continuation were dismissed. 1993 0 Supreme(J&K) 50
In one instance involving college principals, subsequent rendered prior claims infructuous, prioritizing statutory processes. 2018 0 Supreme(Jhk) 19
Even in religious institutions or societies, face scrutiny if not statutorily backed, with courts directing proper elections or dissolutions. 2016 0 Supreme(Ker) 583 2013 0 Supreme(Mad) 1405
Statutes like the , , and others restrict ad hoc deviations. Courts clarify: any constitution without statutory authority is invalid and deprecated. 2007 4 Supreme 376 2024 0 Supreme(Pat) 368
Constitutionally, under and 16, equality and demand regular processes. Ad hoc practices foster favoritism and morale issues, as noted: adverse effect on morale of services. 1993 0 Supreme(J&K) 50
Limited exceptions exist for emergencies or explicit statutory allowances, but even then:- They must stay within prescribed limits.- Indefinite continuation or repetition is warned against. 2007 4 Supreme 376
For example, ad hoc service may count as continuous for pay benefits post-, but only after verification—no blanket rights. 2022 0 Supreme(Guj) 356
In society disputes, court-appointed for elections are temporary tools, not norms. 2008 0 Supreme(Mad) 1478 2013 0 Supreme(Mad) 1405
Courts recommend strict adherence to rules:- Avoid ad hoc routes to prevent irregularities.- Regularize only via proper procedures.- Scrutinize deviations to uphold transparency. 2007 4 Supreme 376 2009 5 Supreme 387
To steer clear of pitfalls:- Adhere to statutes: Institutions must follow prescribed appointment and committee formation rules.- View ad hoc as illegal without backing: Treat unauthorized setups as invalid.- Regularize judiciously: Only within legal frameworks, avoiding rule-bypassing.- Promote transparency: Courts will continue deprecating irregularities. 2007 4 Supreme 376 2024 0 Supreme(Pat) 368 2022 0 Supreme(Guj) 1369
In summary, judicial pronouncements uniformly deprecate and appointments outside statutory bounds, viewing them as threats to administrative propriety. While exceptions apply narrowly, the message is clear: prioritize regular processes for sustainability. By heeding these insights, authorities can foster fairness and evade litigation. Stay informed, comply diligently, and remember—this overview draws from precedents like those cited and is for informational purposes only.
Word count approximation: 1050
#AdHocCommittees, #CourtDeprecation, #LegalAppointments
Such practice cannot but be deprecated. ... I called for and examined the record of the Departmental Promotion Committee and found that there interpolations were infact in the names for consideration which practice is to be deprecated and cannot be accepted under any circumstance. ... It was pleaded, this change was made by respondent No.3, who was the Joint Labour Commissioner at that time and Member of this Departmental Promotion Committee. ... In case of recruitment by promotion, de....
Arjun Raghavan, the learned counsel appearing for the petitioner, submitted that the Division Bench of this Court had deprecated the practice of appointing non-members when there are competent persons in the co-operative society. ... Thus, the appointment of adhoc committee was not on account of any mal-administration or misfeasance on the part of the Committee, but only on account of the correction of the byelaws. Otherwise, there is no default on the part of the Co-operative Society. ... The result is....
Arjun Raghavan, the learned counsel appearing for the petitioner, submitted that the Division Bench of this Court had deprecated the practice of appointing non-members when there are competent persons in the co-operative society. ... Thus, the appointment of adhoc committee was not on account of any mal-administration or misfeasance on the part of the Committee, but only on account of the correction of the byelaws. Otherwise, there is no default on the part of the Co-operative Society. ... The result is....
This Court in a catena of decisions has deprecated this practice of regularisation except in extraordinary cases by directing the Government to frame a scheme and regularise classes III and IV services in accordance with the scheme. ... This Court in a catena of decisions has deprecated this practice of regularisation except in extraordinary cases by directing the Government to frame a scheme and regularise classes III and IV services in accordance with the scheme. ... It is true that an Adhoc appointee....
4.2 As far as the implementation of the order of AGP of Rs.7,000/- is concerned, Mr.Kurven Desai, learned AGP, would submit that the proposal for implementation and for consideration of AGP of Rs.7,000/- is pending before the authorities and an appropriate decision will be taken by the Committee ... He would submit that this resolution was passed regularizing past adhoc services rendered by 111 lecturers in Government Colleges.
4.2 As far as the implementation of the order of AGP of Rs.7,000/- is concerned, Mr.Kurven Desai, learned AGP, would submit that the proposal for implementation and for consideration of AGP of Rs.7,000/- is pending before the authorities and an appropriate decision will be taken by the Committee ... He would submit that this resolution was passed regularizing past adhoc services renderred by 111 lecturers in Government Colleges.
4.2 As far as the implementation of the order of AGP of Rs.7,000/- is concerned, Mr.Kurven Desai, learned AGP, would submit that the proposal for implementation and for consideration of AGP of Rs.7,000/- is pending before the authorities and an appropriate decision will be taken by the Committee ... He would submit that this resolution was passed regularizing past adhoc services renderred by 111 lecturers in Government Colleges.
Deprecated such practice of back door entries. ... (6). Since the whole matter has duly been considered by this Court vide order dated 21.7.1997, in my opinion, no further review is called for in the present matter. ... There is also no such rule pointed out by the counsel for the parties under which the adhoc temporary employees of such commissions can be transferred to other Government Departments on regular posts. Such practice, if any, would itself violate Articles 14 & 16 of the Constitution of India. ... There is n....
Even the Courts specially the Supreme Court has strongly, deprecated such practice of back door entries. ... 6. ... There is also no such rule pointed out by the counsel for the parties under which the adhoc temporary employees of such Commissions can be transferred to other Government Departments on regular posts. Such practice, if any, would itself violate Articles 14 & 16 of the Constitution of India. ... Moreso, when no material has been placed or record in regard to manner in which such Commissions are required to ....
In that case also, the Supreme Court deprecated the practice of adhoc appointments and directed the State Government of Haryana to fill up the posts of teachers. ... The appointments made by the Chairman or any member of the Committee cannot be equated with an order of appointment by the Committee, a corporate body. ... Whether the appointments made by the Chairman or any member of a Committee constituted vide Govt. Order No, 462 GR of 1990 dated, 16.4.1990, though on adhoc#H....
Therefore, taking note of (i) the stand taken by the learned standing counsel for the respondent nos. 1, 2 and 3, (ii) the grievance of the petitioner, and (iii) taking note of the herein before referred observations made by the Supreme Court of India, the Court is inclined to provide that having discontinued the engagement of the petitioner, the respondent nos. Thus, from the above quoted observations, it leaves no room for doubt that the practice of making adhoc appointments by the instrumentalities of the State has been strongly deprecated.
After issuance of show cause notice dated 27.07.2015, the secretary of the Adhoc Committee appointed Dr. Surendar Kumar in place of petitioner vide office order dated 28.07.2015 and the said order was challenged by the petitioner in W.P.(S) No. 4487 of 2015 and the writ petition was disposed of vide order dated 29.10.2015 with certain directions to the respondents. 2 without dissolution of the earlier Governing Body of the petitioner's College. 2 whereby the Adhoc committee has been constituted by the respondent no.
14/2013 confirmed the report of the Ombudsman and held that an adhoc committee is to be constituted. Though adhoc committee was constituted pursuant to the above, Adhoc committee is also stated to be virtually defunct and not properly functioning. No. 16946 of 2013 sought implementation of preliminary and final notifications dated 22/12/2008 and 8/10/2009 repectively.
The Adhoc Committee constituted, consisted of members from both groups. The Adhoc Committee was appointed by the appellant/first defendant, in and by the order dated 24.09.2008. It has been decided by the first defendant to conduct election to the second defendant in view of the then prevailing dispute between the two groups. By the meeting convened by the first defendant on 02.02.2009, it has been decided among the two groups to hold the elections for the second defendant.
As per the order of the Court, Adhoc Committee was constituted and the Adhoc Committee scrutinized and finalised the membership. The Court directed that the membership finalised as per the bye-law by the Adhoc Committee shall be handed over to the District Registrar of Societies, Cheranmahadevi (in short "District Registrar") and the District Registrar will conduct the election. (b) On the basis of the list furnished by the Adhoc Committee, the District Registrar notified the Election on 16.02.2002. The High Court had appointed Mr.Calvin Jacob, a Senior Member of the Bar, a....
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