B B SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD . Mr. Sharma, Additional Government Advocate prays for adjournment. Prayer is rejected.

(2.) MR . Shah, learned Counsel for the petitioner, submits that malpractice practice has crept in appointing the persons to the posts, particularly on the permanent posts in the Government Departments. He submits that the system of pick and choose is prevailing. Persons are appointee on ad -hoc basis against permanent vacancies and are continued for years together. He further submits that regular persons who stand on better footing in merit, are deprived of their right of appointment or right of consideration for appointment. He submits that the system of appointment on ad hoc basis for a pretty long time is arbitrary and in violation of Article 14 of the Constitution of India He submits that any appointment on ad hoc basis continued for years together is nothing but depriving a person who is qualified for appointment and, some -time, it may lead to favouratism and nepotism.

(3.) MR . Shah submits that in the instant case number of persons are working on ad -hoc basis since 29th January, 1986. He further submits that there are some other persons also who were appointed on ad -hoc basis prior to 1986. If the statement of Mr. Shah is taken on its face value, then naturally it will amount to an arbitrary act of the officers of the State and it will also amount to depriving the persons who may be better qualified and who may succeed in regular selections.