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1. Petitioners, graduates in Mechanical Engineering were appointed in 1985, 1986 and 1987 as the Assistant Lecturers in the post of Lecturers in Mechanical Engineering, in the pay scale of Rs. 650-1040, temporarily on ad hoc basis for the period of 11 months or till the G.P.S.C. selectees or regular appointees from the Head Office are available, whichever is earlier.

2. Petitioner in Special Civil Application No. 3754 of 1989, Maisuria Mahendra Bhagwandas, was appointed by the Principal, Dr. S. & S. S. Gandhi College of Engineering and Technical Education, Surat, respondent No. 3, by order dated December 20, 1985 and was subsequently continued by order dated December 22, 1986 on the same terms and conditions, by the Principal of the respondent No. 3. Petitioner in Spl.C.A. No. 3783 of 1989 K. M. Patel was appointed and continued by similar order, by copies of the orders are not produced by the petitioner. Petitioner in Spl. C.A. No. 3784 of 1989, A. G. Patel was appointed by order dated September 17, 1985 and was continued till further order. Petitioner in Spl. C.A. No. 3785 of 1989, R. M. Lumbhani was appointed by order dated February 8, 1986 and was continued on the same terms and conditions by order dated July 9, 1987 till further orders. Petitioner in Spl.C.A. No. 3786 of 1989, R. S. Solanki, was appointed by order dated September 28, 1985 by the respondent No. 3 and was continued on the same terms and conditions by order dated December 23, 1986, Petitioner in Spl.C.A. No. 3787 of 1989, N. M. Kapadia, was appointed by order dated September 17, 1985 by the said Principal was continued on the same terms and conditions by subsequent order dated September 25, 1986 till further orders. Petitioner in Spl.C.A. No. 3808 of 1989 G. D. Bassan was appointed by order dated August 5, 1987 by Govt. of Gujarat Education Department, Gandhinagar, on purely temporary basis till the GPSC selectees are available or till the said vacancy may be filled in by regular appointment or for the period of 11 months on ad hoc basis. The petitioner in Spl.C.A. No. 3809 of 1989 M. R. Desai was appointed by order dated March 29, 1985 by the Principal, the respondent No. 3, and was continued till further orders, by order dated March 20, 1986 by the respondent No. 3 on the same terms and conditions as stated above. Petitioner in Spl.C.A. No. 5287 of 1989, B. C. Tharar, was appointed as the Lecturer in Gujarat Education Service, Class II, by order dated July 22, 1986, on purely ad hoc basis for the period of one year or till the GPSC selectee is available, whichever is earlier, and was posted as Lecturer at Government Polytechnic College, Porbandar, by the Under Secretary, Education Department, Government of Gujarat, and is continued by order dated August 17/24, 1987 by the Director of Technical Education, on the same terms and conditions and on the expectation of the approval of that order by the Government. Petitioner in Spl.C.A. No. 5288 of 1989, P. C. Salvi, was appointed by order dated September 1, 1987 as Lecturer in Mechanical Engineering in Gujarat Education Service Class II and was posted at R. C. Technical Institute, Ahmedabad by the Section Officer, Education Department Government of Gujarat, on purely temporary and ad hoc basis for the period of 11 months or till the GPSC select may by available, which ever is earlier. Petitioner in Spl.C.A. No. 5216 of 1989, S. M. Bhatt was appointed by order dated August 5, 1987, by the Section Officer, Education Department, Government of Gujarat, in Gujarat Education Service, Class II, on purely temporary basis for the period of 11 months or till the selectee by the G.P.S.C. may be available, whichever is earlier, and was posted as Government Polytechnic, Palanpur. The petitioners in all the petitions were appointed in Gujarat Education Service, Class II, either by the Principal of the College or by the Director of Technical Education or by the Government on purely temporary and ad hoc basis for a period of 11 months or till the selectees by the G.P.S.C. are available, whichever is earlier. According to the petitioners, even though it was specifically stated in the appointment orders that they were appointed on the said terms and conditions they have right to continue in the service, as after the period of 11 months of their appointment, the petitioners are continued on the same terms and conditions.

6. This Court, at the initial stage restrained the respondents from terminating the services of the petitioners, but subsequently modified the order and the petitioners are protected till the GPSC selectee takes over the charge and specific direction is issued that the petitioners should have over the charge as and when the GPSC selectee intends to take over the charge of the respective post.

7. In response to the notice, Mr. B. R. Bakshi, Jt. Director of Technical Education, filed Affidavit-in-reply dated July 13, 1989, on behalf of the respondents. It is contended by the respondents that the petitioners were appointed on purely temporary and ad hoc basis as Assistant Lecturers against the post of Lecturers and their services were liable to be terminated as and when the same were no more required by the respondents. The petitioners were informed of the said terms and conditions and they accepted the appointment on the said terms and conditions. It is also contended that there is no post of Asstt. Lecturer in Mechanical Engineering in Colleges/ Polytechnics in the State of Gujarat and the only posts available with the College/Polytechnics are of the Lecturers. The posts are required to be filled in by giving the appointment to the eligible candidates who are selected through the GPSC. The petitioners are neither eligible for the post of Lecturers nor they have any legal right to claim to hold the post of Lecturer and they have no right to continue on the post of Asstt. Lecturers as the said arrangement was for temporary period. The Gujarat Public Service Commission has completed the process of selection for the post of Lecturers and prepared select list of 42 candidates and these 42 selectees are required to be accommodated to the post of Lecturers in the different Engineering Colleges/Technical Institutions in the State of Gujarat. But because of the interim relief granted in favour of the petitioners continuing them in service, though there is no work for the Asstt. Lecturers, the Department is facing difficulty to issue rotation/request transfer of the Lecturers working in the different Colleges in the State and several administrative inconveniences are being caused to the respondents. It is specifically asserted that the order of termination of services of the petitioners have been issued on or about June 6/7, 1989. According to the respondents the petitioners have no right to continue in the service as they were appointed and ad hoc basis, temporarily on condition that their services will be terminated on the availability of candidates selected by the GPSC.

11. The right of such ad hoc or irregular appointees to continue in the service, is no more res Integra so far as this Court is concerned Division Benches of this Court, at least in two judgments, viz., in Bhartiben Nanubhai Balsara v. State of Gujarat and Ors. 1989 (1) : XXX (1) GLR 659 and in Association of Assistant Engineers, Gandhinagar and Ors. v. State of Gujarat and Ors. 1988 (2) GLH (UJ) 1 : 1988 GLT 395, (Special Civil Application Nos. 5993, 6017, 6018 and 6530 of 1986) have settled the legal position regarding the right of ad hoc appointees. In Association of Asstt. Engineers (supra), the facts were practically similar to the facts and contentions of the instant matters. The Assistant Engineers were appointed by Irrigation Department without GPSC being consulted, on purely ad hoc basis for the period of one year till the candidates selected by the GPSC were available, which were earlier. The terms and conditions of appointment were practically similar to one under consideration. The posts of the Assistant Engineers were within the purview of consultation of the GPSC. Subsequently, the GPSC held interviews and selected the candidates and some of the petitioners of that case were also included in the Select List/Waiting List. Certain Assistant Engineers raised dispute and asserted their right to continue and to hold the post as they had been appointed and had served the department for particular period. Their contentions were repelled by the Division Bench of this Court observing that it was only because of want of GPSC selected candidates that purely temporary and ad hoc appointments were permitted till regularly selected candidates became available and the GPSC selected candidates being available, the ad hoc appointees were being asked to make room for them, and "to permit their continuance in service would not only be in violation of the term contained in paragraph 4 of the letter of appointment but would also amount to a breach of the requirements of Article 320 of the Constitution and no Court of law can permit such infraction". The ratio of the judgment is that such irregular appointees, without being selected by the competent authority, had no right to continue in service, nor can they be protected by the Court of law.

17. It is asserted for the petitioners, G. D. Bassan, M. R. Desai, P. C. Salvi and S. M. Bhatt, in Spl. Civil Application Nos. 3808 of 1989, 3809 of 1989, 5288 of 1989 & 5316 of 1989 respectively, that they were appointed in the name and by order of Governor of Gujarat, by the Government in Education Department and therefore, they should be treated as regular appointees to the post of Lecturers in Mechanical Engineering, Gujarat Education Service, Class II, by the competent authority, and so far as others are concerned, even though they were appointed by the Principal of the College or the Director of Technical Education, their appointment was not objected to and virtually approved by the Government, and therefore, they have right to continue on the posts held by them. It is abundantly clear that in the orders by the Government as well in the orders issued by the Principal of the College or the Director of Technical Education, the petitioners were appointed on purely ad hoc and temporary basis for a particular limited period or till the candidates selected by GPSC may be available. What is important is selection by the competent authority which is GPSC and the appointment is required to be made according to the provisions of the rules. From the List produced in Special Civil Application No. 5316 of 1989, it is clear that the GPSC has now selected 42 such Lecturers in Mechanical Engineering, Gujarat Education Service, Class II, and the Government on accepting the recommendations of the GPSC has appointed them.