- (1.) The petitioner has sought issue of a writ of mandamus for quashing of the termination of his service from the post of Physical Education Teacher with a further direction that he should be allowed to continue on the post of Physical Education Teacher and also that order of appointment (Annex. 12) issued in favour of respondent No. 3 be quashed.
(2.) Petitioner, who possesses the qualification of graduation in Arts and has also been awarded degree of Physical Education by Hanuman Vyayamshala Parishad Mandal was given ad hoc appointment for a period of six months at Kendriya Vidyalaya, Bharatpur against the post of Physical Education Teacher (leave vacancy). On expiry of the term of appointment the petitioner was relieved w.e.f. 5.3.90. He was again appointed on ad hoc basis as Physical Education Teacher against a temporary vacancy by an order dated 21.6.90 by the Chairman of the Vidyalaya Management Committee, Kendriya Vidyalaya, Bharatpur. On completion of the term of his ad hoc appointment he was once again relieved from the after-noon of 22.9.90. Thereafter, Shri Niranjan Singh was appointed as Physical Education Teacher on ad hoc basis.
(3.) Petitioner's case is that once he has been selected for the purpose of appointment as Physical Education Teacher, he has acquired a right to hold the post and that there was no justification for giving appointment only on ad hoc basis. Further case of the petitioner is that the methodology of ad hoc appointment adopted by the respondents is arbitrary and unreasonable. He has claimed that once a candidate is selected though, for ad hoc appointment, he has a right to continue in service in the same capacity till the availability of regularly selected persons. Petitioner has submitted that on account of the arbitrary method employed by the respondents, his fundamental right of equality and right to livelihood guaranteed by Articles 14,16 and 21 have been infringed.;