Jharkhand High Court
Dr. Sanjit Kumar & Ors vs The State Of Jharkhand & Ors on 26 October, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4186 of 2021
Dr. Sanjit Kumar & Ors. ... Petitioners
Vs.
The State of Jharkhand & Ors. ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
For the Petitioners : Mr. Ajit Kumar, Sr. Advocate
Mr. Chanchal Jain, Advocate
For Respondent-University : Mr. A.Allam, Sr. Advocate
For the Respondent-State : Mr. Ashwini Bhushan, AC to Sr.SC-III
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02/ 26.10.2021 Heard the parties.
It is specific case of the petitioners as argued by the learned Sr.
counsel for the petitioners that they are working on contractual basis in Birsa
Agriculture University and the University has advertised for fresh appointments on
contractual basis including the post on which the petitioners are working, which is not
tenable in the eyes of law. It is well settled proposition of law that the ad hoc
appointment cannot be replaced by the another set of adhoc arrangement. He further
submits that in a similar case, a Co-ordinate Bench of this Hon'ble Court granted stay
vide its order dated 11.12.2020 in W.P.(S) No. 3842/2020 and as such, appointment
process may kindly be stayed. Learned Sr. counsel places heavy reliance in case of the
'State of Haryana Vs. Piara Singh' reported in (1992) 4 SCC 118. Paragraph No. 46
of the said judgment is quoted hereinbelow:
"46. Secondly, an ad hoc or temporary employee should not be replaced by
another ad hoc or temporary employee, he must be replaced only by a
regularly selected employee. This is necessary to avoid arbitrary action
on the part of the appointing authority."
On the other hand, Mr. A. Allam, learned Sr. counsel for the
respondent-University vehemently opposes the contention of the learned Sr. counsel
for the petitioner and submits that there is no illegality in conducting the interview,
which is scheduled for today itself. He places heavy reliance on reported judgment of
Hon'ble Apex Court in case of University of Delhi Vs. Delhi University Contract
Employees Union and Ors., reported in AIR 2021 SC 3305 and in case of Yogesh
Mahajan Vs. Prof. R. C. Deka, Director, All India Institute of Medical Sciences,
reported in AIR 2018 SC 757.
Looking into the different Annexures and records of the case, it
transpires that the fresh advertisement has been floated for contractual appointment
and in that view of the matter, this Court is inclined to stay the appointment process
pursuant to Advertisement dated 11.10.2021 till filing of the counter-affidavit i.e. the
next date of listing.
Learned counsel for the respondent-University seeks sometime to file
counter-affidavit.
Prayer is allowed.
Put up this case on 29.11.2021.
A copy of this order be handed over to the learned Sr. counsel for the
respondent-University for taking necessary action.
(Dr. S.N. Pathak, J.)
punit/-
