Contract/Ad-hoc employment – Replacement of contractual employee – A contractual or ad-hoc employee cannot be replaced by another contractual or ad-hoc employee – Such employee can only be replaced by a regularly selected candidate through lawful recruitment process – Practice of replacing one temporary employee by another temporary employee is arbitrary and violates principles of fairness in public employment. (Paras 14–18, 28–30)

advocatemmmohan

Constitution of India – Articles 14, 16 & 226 – Contract/Ad-hoc employment – Replacement of contractual employee – A contractual or ad-hoc employee cannot be replaced by another contractual or ad-hoc employee – Such employee can only be replaced by a regularly selected candidate through lawful recruitment process – Practice of replacing one temporary employee by another temporary employee is arbitrary and violates principles of fairness in public employment.

(Paras 14–18, 28–30)

---

Service Law – Ad-hoc / Contractual appointment – Nature of engagement – Temporary appointment intended only as stop-gap arrangement until regular recruitment is made – Continuation of temporary appointments for work of perennial nature by successive contractual engagements amounts to misuse of the contractual system.

(Paras 28–30)

---

Public Employment – Temporary employee – Right to continuation – Though a contractual employee has no right to regularization, he cannot be arbitrarily displaced by another temporary employee – He may be allowed to continue until the post is filled through a regular selection process.

(Paras 18–21, 28–30)

---

Service Jurisprudence – Ad-hoc employment – Principle reaffirmed – Doctrine laid down in State of Haryana v. Piara Singh that ad-hoc employees should not be replaced by another ad-hoc employee continues to hold the field and was not overruled by the Constitution Bench in Secretary, State of Karnataka v. Umadevi.

(Paras 17–20)

---

Education Institutions – Universities – Teaching staff – Repeated contractual engagements – Frequent replacement of teachers on temporary basis disrupts academic stability and adversely affects quality of education – Universities must maintain continuity and stability in teaching staff.

(Paras 31–32)

---

Constitutional Principles – Right to Education – Articles 21 & 21-A – Education being a constitutional obligation of the State, arbitrary engagement and disengagement of teaching staff undermines educational standards and institutional continuity.

(Paras 31–34)

---

RESULT

Writ Petition Allowed –

1. Petitioner (contract Assistant Professor) shall continue in service until the post is filled by a regularly selected candidate in accordance with law.

2. Respondent University is at liberty to issue fresh notification for regular recruitment to the post.

3. Order will not preclude disciplinary proceedings, if warranted in accordance with law.

4. No order as to costs.

(Para 35)