ANAND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Ad hocism seems to be the bane for most of the ills of the Higher Education in the State of Bihar. Series of decisions over long period of time rendered by the Apex Court or this Court has not helped in cleaning up the stable, as would be evident from reading of the present writ application and the issues raised therein. As far back as in the year 1989, the Hon'ble Supreme Court had taken note of the manner in which large number of ad hoc teachers came to be appointed, either by Vice-Chancellors or Principals of various colleges, without any advertisement or sanctioned posts being available. Though ad hoc appointments were valid for a period of six months but they have been allowed to continue from one decade to the next. The Hon'ble Supreme Court in the order contained in Annexure-2 has also taken note of the case where salary was being paid to such teachers from provident fund, development fund, building fund etc. which can never be the source for funding such teachers. Clear directions came to be issued on 6th of December, 1989 to bring an end to the ad hocism by resorting to permanent arrangement. The direction of the Apex Court is reproduced herein below:--

(2.) There is nothing available from record that these directions of the Hon'ble Supreme Court were followed in letter and spirit. If that had been, there may not have been many other litigations by various teachers on this issue. But it was not be as cases on the issue continue to pour before this Court and before the Apex Court.

(3.) We are not required to take note of all those decisions. What is of relevance is the decision which had been rendered by the Hon'ble Supreme Court in the case of Veer Kunwar Singh University Ad hoc Teachers Association & Ors. vs. the Bihar State University (C.C.) Service Commission & Ors., 2007 3 PLJR(SC) 262. This was yet another matter where the question of status of ad hoc teachers and their rights for continuance or permanency was the subject matter of consideration by the Apex Court. The Division Bench of the Hon'ble Supreme Court after taking note of the various other decisions rendered from time to time, again opined in similar manner in which the 1989 order was passed. The observations of the Hon'ble Apex Court rendered in paragraphs 38, 39 and 40 are reproduced hereinbelow:--