- (1.) The petition has filed this writ petition challenging the conditions contained in the letter which has been treated as an offer of appointment. He has also challenged the termination of his service by order dated 24.4.91. He has prayed that the respondents be directed to treat the petitioner as regularly appointed Lower Division Clerk. They may also be directed to give him all consequential benefits.
(2.) An advertisement dated 15.7.90 was issued by the Principal of Jawahar Navodaya Vidhyalaya Chhan, District Tonk for making recruitment on one post of Lower Division Clerk. The vacancy was reserved for the members of Scheduled Tribes. Being a member of Scheduled Tribe, the petitioner submitted his application. According to the petitioner in all 18 candidates had submitted their applications. All of them were called for type test. The type-test was followed by interview which was taken by a Selection Committee on 20.8.90. In all 12 candidates appeared for interview before the Selection Committee. The Selection Committee prepared a panel of 3 persons. The name of the petitioner was placed at serial no. 2 in the panel. Shri Raja Ram Meena who was at serial no. 1 in the panel was offered appointment on the post of Lower Division Clerk. He however did not join. Thereafter the Principal of Jawahar Navodaya Vidhyalaya, Chhan yide his letter dated 8.1.91 offered appointment to the petitioner on the post of Lower Division Clerk in the pay-scale 950-1500. In the letter containing offer of appointment it was mentioned that the appointment will be on adhoc basis upto 30th April, 1991. He was called upon to report for duty on or before 18.1.91. The petitioner joined his duties on 14.1.91. On 24.4.91, an office order was issued by the Principal of the Vidhyalaya asking the petitioner to hand over the charge before 30.4.91 in accordance with the terms and conditions of appointment.
(3.) In the writ petition the petitioner has claimed that his appointment had preceded a regular selection and therefore the mere use of the word 'adhoc' in the letter of appointment on the time limit fixed in the letter of appointment cannot be treated as conclusive. Shri Raja Ram Meena was offered a regular appointment on the basis of selection. He however did not join. When Shri Raja Ram Meena had been offered regular appointment, there was no occassion or justification for the respondent No. 3 to incorporate the word 'adhoc' in the offer of appointment given to the petitioner or to the fix the term of appointment upto 30th April, 1991. The petitioner had to join in pursuance of Annexure-2, because he was not in a position to enter in to a negotiation in regard to terms and condition of employment. He was in dire need of job and having been selected by a duly constituted selection committee he could not take chance of negotiating the terms and conditions even before entering the service.;