S. D. Agarwala, J. - (1.) THIS is a petition under Article 226 of the Constitution of India.
(2.) WE have heard learned counsel for the petitioner, learned counsel for the Commission and the learned counsel for the Managing Committee. N. R. E. C. College Khurja, district Bulandshahr is a Postgraduate College and is affiliated to Meerut University. On 30-6-1985 Dr. S. P. Sanatak who was working as lecturer in Hindi retired and consequently there was a vacancy in the the post of lecturer in Hindi. The College intimated this vacancy to the U. P. Higher Education Services Commission to make an appointment on the said vacant post. Thereafter on 26-10-1987 Commission wrote to the College that since it was unable to fill the vacancy, it will be open to the College to make an ad hoc appointment on the said post under section 16 of the U. P. Higher Education Services Commission Act, 1980, herein after called the 'Act'. Since an ad-hoc appointment was to be made under section 16 of the Act, the College advertised the post and ultimately the petitioner was appointed as an ad-hoc teacher on 30-10-1987. In the appointment letter it was specifically mentioned that the appointment of petitioner was on ad-hoc basis and will continue for three months or till a recommendation for appointment is made by the Commission. The petitioner's ad hoc appointment continued and was extended time to time. Ultimately the Commission selected a candidate and recommended his name to the College for being appointed on the post of lecturer in Hindi. These facts are not disputed.
(3.) SINCE the petitioner was appointed on ad hoc basis till a candidate duly selected by the Commission joins the post in question, the petitioner's ad-hoc appointment has come to an end. The present writ petition, however, has been filed by the petitioner on the ground that since there is another vacancy in the post of lecturer in Hindi in the same college available, he should be directed to continue as an ad-hoc lecturer on that post and his services be not terminated. The sole question, therefore, which arose for consideration is as to whether an ad-hoc appointed teacher on a particular post could have a right to continue as ad-hoc lecturer on another post if lying vacant in the College.;