Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Practice of Adhoc Committees - Courts have strongly deprecated the practice of appointing adhoc committees or personnel outside prescribed rules, especially when such appointments are made for long durations. The courts emphasize that adhoc appointments should be temporary and not extended indefinitely, as they violate principles of regularity and transparency ["POONAM MALHOTRA (TAMAR) VS ARYA MODEL SCHOOL - Delhi"] ["Amit Kumar vs The State of Bihar - Patna"].
Practice of Long-term Adhoc Appointments - The judiciary has deprecated the practice of permitting adhoc appointments to continue over long periods. Such practices are seen as against constitutional principles of equality and fairness, and courts have repeatedly emphasized that regular appointments should follow proper procedures, not through prolonged adhocism ["POONAM MALHOTRA (TAMAR) VS ARYA MODEL SCHOOL - Delhi"] ["Manohar Lal Sahani and Mohd. Rafiq VS State of Rajasthan - Rajasthan"] ["PROF. RAJAN SAXENA VS SANJAY GANDHI POSTGRADUATE INSTITUTE OF MEDICAL SCIENCES - Allahabad"] ["Manohar Lal Sahani VS State of Rajasthan - Rajasthan"]].
Degradation of Practice and Need for Regularization - Courts have condemned the practice of regularizing or continuing adhoc employees or committees for extended periods, considering it a deviation from lawful procedures. They have directed authorities to fill vacancies through proper recruitment processes and discourage backdoor or temporary arrangements ["Manohar Lal Sahani and Mohd. Rafiq VS State of Rajasthan - Rajasthan"] ["Mhonthung Odyuo VS State of Nagaland - Gauhati"] ["Prof. Rajan Saxena VS Sanjay Gandhi Postgraduate Institute of Medical Sciences - Allahabad"] ["STATE OF U.P. vs NEERAJ AWASTHI . - Supreme Court"].
Courts' Stance on Permitting Long-term Adhoc - Judicial pronouncements, including Supreme Court rulings, have deprecated the practice of permitting adhoc committees or personnel to operate indefinitely, asserting that such arrangements undermine constitutional and legal principles. Courts have mandated that appointments be made strictly as per law, and indefinite adhocism is condemned ["POONAM MALHOTRA (TAMAR) VS ARYA MODEL SCHOOL - Delhi"] ["Uda Ram VS Central State Farm - Rajasthan"] ["INDCAT_OA_3732_2014"] ["PROF. RAJAN SAXENA VS SANJAY GANDHI POSTGRADUATE INSTITUTE OF MEDICAL SCIENCES - Allahabad"].
Conclusion - The consistent judicial stance across multiple cases is that the appointment of adhoc committees or personnel for long durations is deprecated and should be phased out in favor of regular, rule-based recruitment. Courts have emphasized that indefinite adhoc appointments violate constitutional principles and undermine administrative legality, urging authorities to adhere to proper procedures for regular appointments ["POONAM MALHOTRA (TAMAR) VS ARYA MODEL SCHOOL - Delhi"] ["Manohar Lal Sahani and Mohd. Rafiq VS State of Rajasthan - Rajasthan"] ["Mhonthung Odyuo VS State of Nagaland - Gauhati"].
In the realm of public employment and administration, the appointment of ad hoc committees or employees has long been a contentious issue. While such appointments may serve temporary needs, courts in India have repeatedly deprecated their extension over prolonged periods. This practice, often seen as a backdoor entry into permanent positions, raises serious concerns about transparency, equality, and adherence to statutory recruitment norms.
The question arises: Has the practice of appointment of ad hoc committees and permitting it for long terms been deprecated by courts? A search for terms like Adhoc committee, practice, and deprecated reveals a clear judicial consensus against such prolonged ad hocism. This blog post delves into landmark judgments, key principles, and additional case insights to explain why courts frown upon this approach and what it means for authorities and employees.
Indian courts, particularly the Supreme Court and High Courts, have consistently held that ad hoc appointments should be strictly temporary. Extending them indefinitely undermines the constitutional principles of equality under Articles 14 and 16, promotes irregularities, and circumvents regular recruitment processes. Courts emphasize that such practices erode the rule of law and public trust in governance. Veer Kunwar Singh University Ad hoc Teachers Association VS The Bihar State University (C. C. ) Service Commission - 2007 4 Supreme 376Prishila Soren, D/o. Bisha Soren VS State of Jharkhand, through the Chief Secretary, Government of Jharkhand - 2024 0 Supreme(Jhk) 832
Key findings from judicial scrutiny include:- Appointments on an ad hoc basis must be for short durations only, not continued indefinitely. Veer Kunwar Singh University Ad hoc Teachers Association VS The Bihar State University (C. C. ) Service Commission - 2007 4 Supreme 376- Prolonged ad hoc practices violate statutory norms and lead to backdoor entries. Prishila Soren, D/o. Bisha Soren VS State of Jharkhand, through the Chief Secretary, Government of Jharkhand - 2024 0 Supreme(Jhk) 832- Regularization requires adherence to prescribed procedures; anything less is illegal. Veer Kunwar Singh University Ad hoc Teachers Association VS The Bihar State University (C. C. ) Service Commission - 2007 4 Supreme 376
The Supreme Court has explicitly stated that the practice of appointing staff on contract, ad hoc, or temporary basis for long durations should be deprecated, as it violates constitutional principles. Prishila Soren, D/o. Bisha Soren VS State of Jharkhand, through the Chief Secretary, Government of Jharkhand - 2024 0 Supreme(Jhk) 832
Several pivotal cases illustrate this judicial stance:
This seminal ruling condemned long-term ad hoc, contractual, or temporary appointments. The Court directed governments to regularize eligible employees only through proper channels, deprecating the circumvention of recruitment rules. It underscored that such practices are detrimental to the integrity of public service. Prishila Soren, D/o. Bisha Soren VS State of Jharkhand, through the Chief Secretary, Government of Jharkhand - 2024 0 Supreme(Jhk) 832
Here, the apex court stressed that appointments must be made via prescribed agencies and rules. Indefinite ad hoc extensions were deemed unsustainable, urging strict timelines for regularization or termination. Prishila Soren, D/o. Bisha Soren VS State of Jharkhand, through the Chief Secretary, Government of Jharkhand - 2024 0 Supreme(Jhk) 832
The judgment highlighted that ad hoc or contractual roles are meant for exigencies and short terms to prevent irregularities. Prolonged use was explicitly deprecated. Prishila Soren, D/o. Bisha Soren VS State of Jharkhand, through the Chief Secretary, Government of Jharkhand - 2024 0 Supreme(Jhk) 832
In Ashwani Kumar v. State of Bihar (AIR 1997 SC 1628) and State of Karnataka v. Umadevi (AIR 2006 SC 1806), courts reiterated that regularization of backdoor entries via extended ad hoc tenures is impermissible. Prishila Soren, D/o. Bisha Soren VS State of Jharkhand, through the Chief Secretary, Government of Jharkhand - 2024 0 Supreme(Jhk) 832
High Courts have echoed these sentiments across sectors like education, cooperatives, and administration, integrating broader critiques of ad hocism.
Ad Hoc Teachers in Bihar: In cases involving universities like Veer Kunwar Singh University Adhoc Teachers Association v. Bihar State University Service Commission, courts condemned repeated ad hoc teacher appointments despite superior court warnings. The practice to appoint ad hoc teachers must be deprecated... such a practice must be condemned. Anand Kumar VS State Of Bihar - 2013 Supreme(Pat) 43 The Patna High Court dismissed pleas for continuance, directing regular recruitment under the Bihar State Universities Act. CHANDRESHWAR PRASAD SINHA vs LALIT NARAYAN MITHILA UNIVERSI
Co-operative Societies: Under the Kerala Co-operative Societies Act, the Kerala High Court deprecated appointing non-members to ad hoc administrative committees. The Division Bench of this Court had deprecated the practice of appointing non-members when there are competent persons in the co-operative society. T. Gopakumaran Nair, S/o. Thankappan Nair VS Rassalpuram Ksheerolpadaka Sahakarana Sangam Ltd. - 2024 Supreme(Ker) 411 It quashed such orders, mandating committees from society members until elections.
Tax Collection and Public Services: In a Karbi Anglong case, the court noted, It leaves no room for doubt that the practice of making adhoc appointments by the instrumentalities of the State has been strongly deprecated. Authorities were barred from further ad hoc hires without regular recruitment. Pradip Kr. Das S/O Lt. Paritosh Kumar Das VS Karbi Anglong Autonomous Council Ors Rep. By Its Secretary, Department Of Town And Country Planning And Social Welfare - 2021 Supreme(Gau) 48
Promotions and Manipulations: Even in promotion contexts, interpolations in departmental committee minutes for ad hoc considerations were deprecated as unacceptable practices. SUBHASH CHAND PATHANIA VS STATE OF H. P. - 2013 Supreme(HP) 333
These rulings reinforce that ad hocism, whether for committees, teachers, or tax collectors, must not exceed limited periods, typically six months, and requires transparency. Veer Kunwar Singh University Ad hoc Teachers Association VS The Bihar State University (C. C. ) Service Commission - 2007 4 Supreme 376
Courts acknowledge limited exceptions for genuine exigencies, such as urgent temporary needs, but insist on:- Transparent processes.- Strict time limits.- No automatic regularization without competition.
Prolonged extensions or renewals with breaks are frowned upon. For instance, re-appointing after short breaks to feign temporariness has been deprecated. Ram Niwas VS State of Rajasthan - 1998 Supreme(Raj) 456
In regularization pleas, like those for surveyors or engineers, courts direct consideration only if aligned with precedents like Umadevi, but from the date juniors were regularized, not inception. Paresh Ishwarbhai Desai VS State Of Gujarat - 2022 Supreme(Guj) 1361Arjanbhai Titabhai Baraiya VS State of Gujarat - 2021 Supreme(Guj) 262
This practice persists despite directives, prompting courts to reiterate: appointments violating Articles 14 and 16 are wholly illegal. Veer Kunwar Singh University Ad hoc Teachers Association VS The Bihar State University (C. C. ) Service Commission - 2007 4 Supreme 376
Disclaimer: This post provides general insights based on judicial trends and is not specific legal advice. Consult a qualified lawyer for personalized guidance.
In conclusion, Indian courts have firmly deprecated long-term ad hoc committees and appointments, advocating a shift to merit-based, transparent recruitment. Adhering to these principles strengthens public service integrity and prevents litigation.
#AdHocAppointments, #CourtDeprecation, #LaborLawIndia
The Hon'ble Supreme Court of India in its various pronouncements has also deprecated the practice of adhoc appointments de hors the rules and, therefore, this practice of adhocism needs to be put to an end. ... Umadevi and Others reported in JT 2006 (4) SC 420 to support his proposition that adhoc/temporary employee cannot claim regular appointment on the expiry of the term of his appointment. ... The petitioner was not selected through proper selection process and th....
The Hon’ble Supreme Court also deprecated orders of the High Courts granting salary to the daily-wagers, as paid to regular employees from the date of their appointment; making it clear that, at best it could have been granted only from the date of its order. ... The Hon’ble Supreme Court also deprecated the practice of invoking the wide power under Article 226 to stay regular recruitment process, which effectively results in continuance of the adhoc appointments, leading to the princi....
deprecated. ... At a point of time, an adhoc appointment for a period of six months was Committee or the decision by it or the decision of the despite the repeated observations of the superior courts ... appointments along with other eligible candidates in terms
The practice to appoint ad hoc teachers must be deprecated. ... If a Government of a State or a University which is also a State within the meaning of Article 12 of the Constitution of India, despite the repeated observations of the superior courts of the country, continue to do so, such a practice must be condemned. ... 39. ... Such additional posts shall also be filled regularly either by direct recruitment or by promotion as per rules and not by adhoc ap....
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. ... temporary employees appointed by the Commission with a clear stipulation in the letter ot #HL_S....
It is settled law that when the appointment is on adhoc basis and is contractual and by efflux of time, the appointment comes to an end, the person holding such post can have no right to continue in the post. (Vide State of Punjab & Ors. vs. ... Once the petition for review is dismissed, no application for clarification should be filed .....This practice of changing the Advocate and filing repeated petition should be deprecated with heavy hand for purity of administration of law and salutary healthy #HL....
Even the courts specially the Supreme Court has strongly. Deprecated such practice of back door entries. ... (6). ... There has been a clear stipulation in the letter of appointment of the petitioners also in this regard. ... 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....
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.....
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. ... AT the outset I note that one of the grounds which has been urged for setting aside the appointment is that the minutes of the Departmental Promotion Committee, which meet and considered....
with the terms of appointment. ... According to him the petitioners had accepted the terms of the appointment and they should not be permitted to challenge those terms. ... periods, then re-appointing and giving a break was deprecated. ... It has been denied that the term of the appointment fixed upto 31.3.98 is illegal. It has been averred that the petitioner accepted the terms of the appointment and therefore now he cannot be perm....
3. In above view of the matter the petition is required to be allowed partly as submitted by learned counsel for the petitioner, to an effect that the petitioner will be regularised not from the date of inception in service but from the date his juniors were regularised. Accordingly the petition is partly allowed in above terms and the petitioner shall be regularised in terms of the order dated 30th October 2013. V. Umadevi & Ors (AIR 2006 SC1806), the Apex Court emphasised the need for regularisation of such employees and deprecated the practice of making appointments on permanent....
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.
V. Umadevi & Ors (AIR 2006 SC 1806), the Apex Court emphasised the need for regularisation of such employees and deprecated the practice of making appointments on permanent post on contractual or on adhoc basis for long time. 3. In above view of the matter the petition is required to be allowed partly as submitted by learned counsel for the petitioner, to an effect that the petitioner will be regularised not from the date of inception in service but from the date his juniors were regularised. Accordingly the petition is partly allowed in above terms and the petitioner shall....
It is a practice that has been deprecated by courts over and over again. This is, however, no justification for calling the witness of opposite party whose evidence was not taken. Even if I was inclined to pass an unguarded order for cross examination by video-conferencing, which I am not and never have been, for I believe that sufficient safeguards and protocols must be put in place to avoid future controversies and a possible disruption of the integrity of the trial, this concept that just because one party has not led evidence of a named witness, therefore it is open to ....
Upon query made by this Court, she has submitted that she had no other way to force him to marry her except by filing a criminal case. She has orally submitted that it was consensual act. In fact, this practice has been deprecated by Courts of Law. The complainant has used police machinery and court proceedings only to force the applicant to get married to her.
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