IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5326 of 2009 VEER KUNWAR SINGH UNIVERSITY ADHOC TEACHER ASSOICATION Versus THE STATE OF BIHAR & ORS ----------- 3. 4.5.2009 Heard learned counsel for the petitioner and learned counsel for the University. Learned counsel for the University raises a preliminary objection that the petitioners have not yet applied in response to the advertisement no. 2 dated 5.3.2009. Learned counsel for the petitioners submits that the last date is not yet over and they propose to apply before the last date prescribed. On the issue of appointment of ad hoc teachers in the respondent University and their continuance, on record is the judgment of the Supreme Court in Civil Appeal Nos. 1601 and 1602 of 2004 dated 18.5.2007. The conclusion is summed up in paragraph 46 is as follows:- “We, therefore, are of the opinion that the interest of justice would be subserved if it is directed that the respondents herein in filling up of the vacant posts must take into consideration the cases of all those teachers also who have the requisite qualifications, upon relaxation of age, if permissible by law along with other eligible candidates. We may, however, direct that it would be open to the State of Bihar as also the concerned Universities to forthwith terminate the services of those teachers not working against sanctioned posts or who do not fulfill the requisite educational qualifications or whose services are otherwise not required.” - 2 - The submission on behalf of the petitioners is that a committee has been constituted on 20.2.2009 for identification of the ad hoc teachers to be considered in accordance with Paragraph 46 of the Supreme Court Judgment. The apprehension is that if the committee does not submit its report before the process of selection under the advertisement commences, the benefit available to the petitioners by virtue of Paragraph 46 of the Supreme Court judgment may not be available. Counsel for the University submits that any benefit to the petitioners in terms of the judgment of the Supreme Court at Paragraph 46 can be only in accordance with the service rules and regulations. This Court only observes that a premise as basic as that needs no reiteration. The writ application is disposed with the direction that the committee shall complete the process of identification of ad hoc teachers before commencement of the selection process so that the observations of the Supreme Court are not rendered illusory. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)