bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 8794 OF 2007 PETITION NO. 8794 OF 2007 PETITION NO. 8794 OF 2007 Dr.Vaibhav Shinde ... Petitioner v/s State f Maharashtra & anr. ... Respndents Mr.V.M.Thorat for the petitioner. Mr.P.I.Khemani, A.G.P. for the respondent State. CORAM: CORAM: CORAM: J.N.PATEL & J.N.PATEL & J.N.PATEL & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: DATED: DATED: 28TH FEBRUARY, 2008 28TH FEBRUARY, 2008 28TH FEBRUARY, 2008 P.C.: P.C.: P.C.: 1. Heard. 2. The petition can be disposed of at the stage of admission itself. 3. There is no dispute over the issue that the petitioner has been appointed as a Medical Officer in Public Health Department and has been sent on deputation as Health and Hygiene Specialist for the project at Jalswarajya of Zilla Parishad, Kolhapur. The petitioner’s appointment is purely on ad-hoc basis 2 and, therefore, the Maharashtra Administrative Tribunal was justified in rejecting the application of the petitioner for continuing him in service. 4. The limited prayer of the petitioner before this Court is that he should not be replaced by another ad-hoc appointment though his services may be dispensed. It is well settled principle of service jurisprudence and particularly relating to public employment that an ad-hoc appointment cannot be replaced by another ad-hoc appointee as such practice not only encourages favouritism, nepotism in government employment but is total arbitrary exercise of powers which violates Articles 14 and 16 of Constitution of India. We are quite sure that the State is aware of this principle and they would not fill in the post which is now vacant due to termination of the petitioner by any ad-hoc appointment. 5. With these observations, the petition is dismissed. (J.N.PATEL, (J.N.PATEL, (J.N.PATEL, J.) J.) J.) (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, J.) MHATRE, J.) MHATRE, J.)