JUDGMENT S. D. Agarwala, J. 1. This is a petition under article 226 of the constitution of india. 2. We have heard learned counsel for the petitioner, learned counsel for the commission and the learned counsel for the managing committee. N. R. E. C. College khurja, district bulandshahr is a postgraduate college and is affiliated to meerut university. On 30-6-1985 dr. S. P. Sanatak who was working as lecturer in hindi retired and consequently there was a vacancy in the post of lecturer in hindi. The college intimated this vacancy to the u. P. Higher education services commission to make an appointment on the said vacant post. Thereafter on 26-10-1987 commission wrote to the college that since it was unable to fill the vacancy, it will be open to the college to make an ad hoc appointment on the said post under section 16 of the u. P. Higher education services commission act, 1980, herein after called the 'act'. Since an ad-hoc appointment was to be made under section 16 of the act, the college advertised the post and ultimately the petitioner was appointed as an ad-hoc teacher on 30-10-1987. In the appointment letter it was specifically mentioned that the appointment of petitioner was on ad-hoc basis and will continue for three months or till a recommendation for appointment is made by the commission. 3. The petitioner's ad hoc appointment continued and was extended time to time. Ultimately the commission selected a candidate and recommended his name to the college for being appointed on the post of lecturer in hindi. These facts are not disputed. 4. Since the petitioner was appointed on ad hoc basis till a candidate duly selected by the commission joins the post in question, the petitioner's ad-hoc appointment has come to an end. The present writ petition, however, has been filed by the petitioner on the ground that since there is another vacancy in the post of lecturer in hindi in the same college available, he should be directed to continue as an ad-hoc lecturer on that post and his services be not terminated. The sole question, therefore, which arose for consideration is as to whether an ad-hoc appointed teacher on a particular post could have a right to continue as ad-hoc lecturer on another post if lying vacant in the college. 5. The sole question, therefore, which arose for consideration is as to whether an ad-hoc appointed teacher on a particular post could have a right to continue as ad-hoc lecturer on another post if lying vacant in the college. 5. Section 12 of the act clearly provides that the management can make appointment of a teacher only on the recommendation of the commission. Section 16 of the act relates to the appointment of the ad-hoc teachers which reads as follows : "16. Appointment of ad-hoc teachers-(1) where the management has notified a vacancy to the commission in accordance with sub-section (2) of section 12, and the commission fails to recommend the names of suitable candidate in accordance with sub-section (1) of that section within three months from the date of such notification, the management may appoint a teacher on purely ad-hoc basis from amongst the person holding qualification prescribed therefor. (2) every appointment of an ad-hoc teacher under sub-section (1) shall cease with effect from the earliest of the following dates, namely- (a) when the candidate recommended by the commission joins the post; (b) where the period of two months from the date of receipt of the recommendation of the commission under sub-section (1) of section 12 expires; (c) thirtieth day of june following the date of such ad-hoc appointment 6. The above section clearly provides that where a vacancy is notified to the commission by the management and the commission fails to recommend the name of suitable candidate within three months from the date of such notification, the management is entitled to appoint a teacher on purely ad-hoc basis from amongst the persons holding the qualifications prescribed therefor. Sub-section (2) further provides time till which such an ad-hoc appointment shall last. By sub-clause (a) of sub-section (2) ad-hoc appointment is to last till the candidate recommended by the commission joins the post. The word 'post' used in this section is of significance. On a reading of section 12 with section 16 of the act it is clear that an ad-hoc appointment is made on a post, the vacancy of which post has already been notified to the commission by the management under section 12 of the act. The word 'post' used in this section is of significance. On a reading of section 12 with section 16 of the act it is clear that an ad-hoc appointment is made on a post, the vacancy of which post has already been notified to the commission by the management under section 12 of the act. It is, therefore, apparent that the intention of the legislature was that the moment on a vacant post duly selected candidate by the commission joins the post, ad-hoc appointment would come to an end. In case there is any other post available in a college the said vacancy has to be notified to the commission and thereafter if the commission does not make appointment within the time prescribed by law then only the management has a right to appoint an ad-hoc teacher on the said post. There is no provision under the act for continuance of ad-hoc appointment on a post on which an ad-hoc teacher was not appointed and which subsequently falls vacant. In this view of the matter once the vacancy on which ad-hoc appointee is working is filled in by duly selected candidate, the said appointment would automatically cease. The said appointee does not have any right to continue on any other vacant post. In the instant case as already observed above a candidate has already been recommended by the commission and the petitioner has been informed that his appointment will come to an end on the said candidate joining the post. We did not find any legal infirmity in the order. 7. The petitioner's contention ' is that since there is another post available in the hindi department itself, his ad-hoc appointment should be made to continue on the said post. Legally the petitioner has no automatic right of continuance. In the interest of justice, we, however, think it proper to observe that in case after the management intimates the vacancy to the commission and the commission does not appoint a teacher on the vacant post within time laid down by the act and the management has to make an ad-hoc appointment on the post then petitioner's case also be considered alongwith other candidates sympathetically as the petitioner has already experience of teaching in the same subject. 8. With the above observations, the petition is disposed of. 8. With the above observations, the petition is disposed of. A copy of this order may be given to the learned counsel for the petitioner on payment of usual charges within a week.