Ravi S. Dhavan, J. - (1.) A large number of petitions have been filed by the ad hoc teachers of Kendriya Vidyalaya Sangathan challenging the discontinuation of their employment as ad hoc teachers. The short facts are that there are vacancies at Kendriya Vidyalayas on the posts of teachers which, for some reason or the other, have not been filled by substantive incumbents In that the teaching in the schools run by the Kendriya Sangathan does not receive a set a back because of the vacancies on the post of teachers the Vidyalayas were obliged to make ad hoc appointments. The substantive vacancies were not filled. The ad hoc appointments were granted to the teachers in accordance with the organisational set up of the Vidyalayas, governed by a set of rules. The appointments were made for 181 days or less and, if the incumbents were to continue as ad hoc teachers, there was an artificial gap in their service and they were continued as ad hoc teachers by intermittent appointments, with gaps in between. These ad hoc teachers contend, in short, that the ad hocism in their appointments, cannot be replaced by another set of ad hoc teachers. At the time of submissions when these petitions were being heard, it was accepted by the learned counsel for the petitioners that the petitioners could be replaced by firstly recruited substantive teachers who have been regularly selected by the Sangathan, unless some teachers, because of a long ad hoc tenure, may receive an advantageous situation, as provided by law Thus, exception apart, regularisation is not the them of the petition. On these facts, there is no issue between the learned counsel for the petitioners and the learned Standing Counsel for the Central Government.
(2.) Before examining the issues further, it would be appropriate to understand the set up of the Kendriya Vidyalayas. The Kendriya Vidyalaya Sangathan is registered as a Society under the Societies Registration Act, 1860 (XXI of 1860). The objects of the Kendriya Vidyalaya Sangathan are detailed in the memorandum of association and are mentioned in a compendium, known as the Education Code. Chapter 1 of of the compendium gives the definitions. One definition will be relevant. This is in reference to the expression "Board." In this context, the definition reads : "Board" means the Board of Governors of the Kendriya Vidyalaya Sangathan." The constitution of the Board has ; been given in Chapter II. As these matters deal with the recruitment of teachers, particularly, ad hoc teachers, this is provided under the Appointment, Promotion, Seniority etc. Rules, 1971, and this is laid down in Appendix III to the compendium. Ail these petitions relate to ad hoc appointment. Ad hoc appoints are referred to in Rule 9, reproduced hereinafter : "9, Appointment Ad hoc. - (1) Notwithstanding anything contained in Rules 6 and 7 when an employee included in the select panel is not available or where such a select panel has not yet been prepared and the appointing authority considers it necessary and expedient to do so, a vacancy in any grade of the service may be filled on ad hoc and temporary basis by the appointment of a person or persons otherwise eligible for appointment thereto : (a) for a period not exceeding six months ; or (b) for the period for which a select panel in respect of the particular post/grade is not prepared as per Rule 7, whichever is less. (2) Every appointment under sub-rule (1) shall be made only on a temporary arrangement and no such appointment shall be deemed to confer on the appointee any right or claim to the respective grade/post or to seniority in that grad." Rule 9 itself refers to Rules 6 and 7 and thus, these rules are also reproduced hereinafter : "6, Recruitment. - (i) The method of filling up of the posts in the various grades of the Service, age limit and other qualifications relating thereto shall be as specified in Schedule I. In case of posts not covered by Schedule I, procedure, qualifications and similar matters shall be determined by the Commissioner, Provided that the upper age limit prescribed for direct recruitment may be relaxed in the case of candidates belonging to the Schedule Castes/Scheduled Tribes and other specified categories of persons in accordance with the orders issued in this behalf from time to time by the Central Government. (ii) Appointments by direct recruitment or by promotion of departmental candidates shall be made, except when there are special reasons to be recorded in writing with the approval also of the Chairman in the order in which the names of eligible candidates are included in the Select Panel of the appropriate grade prepared according to procedure laid down in Rule 7." "7 Preparation of Select Panels. - (1) in the case of posts being filled up by direct recruitment the appropriate selection authority shall, after test or interview or both, as the case may be, place the candidates considered suitable for appointment to the particular grade/post in a select panel in the order of their merit. (2) In the case of posts being filled up by promotion the principle of Seniority subject to the rejection of the unfit, the Departmental Promotion Committee or other selecting authorities will first decide the field of choice, i.e., the number of eligible employees who are to be considered for inclusion in the Select Panel from among such employees those who are considered unfit for promotion are to be excluded. The "Select Panel" will then be prepared by placing the names of the remaining employees without disturbing the seniority inter se. (3) In the case of promotion on the basis of the seniority-cum-merit or on the principle of merit with due regard to seniority the filled of choice will first be decided and the employees considered unfit included in the same way as in the sub-rule (1) above. The remaining employees are then to be classified as "outstanding", "very good" and "good" on the basis of merit, as determined by their respective records of service and also test or interview if considered necessary. The "Select Panel" will thereafter be prepared by placing the names in the order of these categories without disturbing the seniority inter se within each category. (4) Where the posts are to be filled up partly by direct recruitment and partly by promotion, the select panel will be prepared as follows:- The appropriate selecting authority will first prepare two separate select panels for the two categories in accordance with the procedure laid down above. The required panel will then be drawn up by combining these two separate panels according to the quota of posts reserved for each category. That is to say, the names of direct recruits will appear first, followed by the promotes, in proportion to the respective quota reserved for them."
(3.) Putting Rule 9 alongwith Rules 6 and 7 and reading them together in reference to the context, it implies that should the Kendriya Vidyalayas have the need to make ad hoc appointment, the rule permit it. But to make ad hoc appointment, two conditions must exist - (a) a select panel should not be available, or (b) when a select panel has not been prepared. In these eventualities, the appointing authority, should it consider it necessary and expedient, may fill the vacancy in any grace by an ad hoc and temporary appointment of a person otherwise eligible to be appointed as a teacher. The ad hoc appointment will not be beyond six months or for the period during which a select panel oi' a particular posts/grade is not prepared. The ad hoc appointment will come to an end on whichever contingency happens first.;