word ad hoc, stop gap and fortuitous - Indian Laws - General

Meaning of word ad hoc, stop gap and fortuitous The three terms ad hoc, stop gap and fortuitous are in frequent use in service jurisprudence. In the absence of definition of these terms in the rules in question we have to look to the dictionary meaning of the words and the meaning commonly assigned to them in service matters. The meaning given to the expression fortuitous in Strouds Judicial Dictionary- is accident or fortuitous casualty. This should obviously connote that if an appointment is made accidentally, because of a particular emergent situation and such appointment obviously would not continue for a fairly long period. But an appointment made either under Rule 16 or 17 of the Recruitment Rules, after due consultation with the High Court and the appointee possesses the prescribed qualification for such appointment provided in Rule 7 and continues as such for a fairly long period, then the same cannot be held to fortuitous. In Blacks Law dictionary, the expression fortuitous means occurring by chance, a fortuitous event may be highly unfortunate. It thus, indicates that it occurs only by chance or accident, which could not have been reasonably foreseen. The expression ad hoc in Blacks Law Dictionary, means- something which is formed for a particular purpose. The expression stop-gap as per Oxford Dictionary, means- a temporary way of dealing with a problem or satisfying a need. In Oxford Dictionary, the word ad hoc means- for a particular purpose; specially. In the same Dictionary, the word fortuitous means happening by accident or chance rather than design. In P. Ramanatha Aiyers Law Lexicon (2nd Edition) the word ad hoc is described as- for particular purpose, Made, established, acting or concerned with a particular and or purpose. The meaning of word fortuitous event is given as an event which happens by a cause which we cannot resist; one which is unforeseen and caused by superior force, which it is impossible to resist; a term synonymous with Act of God. [RUDRA KUMAR SAIN ORS. VERSUS UNION OF INDIA ORS.- 2000 (8) TMI 1143 - SUPREME COURT]