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Madhya Pradesh High Court

Dr.R.K.Agrawal & Another vs Dr.Hari Singh Gaur & Another on 8 February, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                         1
                                         IN    THE       HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                           ON THE 8 th OF FEBRUARY, 2023
                                                            WRIT PETITION No. 174 of 2003

                                        BETWEEN:-
                                        1.    DR.R.K.AGRAWAL, SON OF LATE SHANKAR LAL
                                              AGRAWAL, AGED ABOUT 49 YEARS, POSTED AS
                                              READER PHARMACY DEPARTMENT, UNIVERSITY
                                              TEACHING DEPARTMENT, DR. H.S. GAUR
                                              VISHWAVIDYALAYA, SAGAR (MADHYA PRADESH)

                                        2.    DR D. V. KOHALI S/O B. D. KOHALI, AGED ABOUT
                                              53 YEARS, POSTED AS READER PHARMACY
                                              DEPARTMENT         UNIVERSITY        TEACHING
                                              DEPARTMENT,        DR      H.     S.     GOUR
                                              VISHWAVIDYALAYA SAGAR (MADHYA PRADESH)

                                                                                                    .....PETITIONERS
                                        (NONE PRESENT)

                                        AND
                                        1.    DR.HARI SINGH GAUR, VISHWAVIDYALAYA,
                                              SAGAR, THROUGH ITS REGISTRAR, SAGAR
                                              (MADHYA PRADESH)

                                        2.    VICE CHANCELLOR (KULPATI) DR HARI SINGH
                                              GAUR   VISHWAVIDYALAYA, SAGAR (MADHYA
                                              PRADESH)

                                                                                                  .....RESPONDENTS
                                        (NONE PRESENT)

                                              Th is petition coming on for hearing this day, th e court passed the
                                        following:
                                                                          ORDER

Signature Not Verified Petitioners are challenging the decision of the respondent-University in SAN Digitally signed by ASHWANI PRAJAPATI reserving the solitary posts of Professor in the discipline of Pharmaceutical Date: 2023.02.10 12:30:50 IST Chemistry in favour of Scheduled Tribe candidates.

Respondents have filed their reply and has submitted that it is not a solitary post, but there are four posts of Professor in the Department of Pharmaceutical Sciences and, therefore, that post cannot be said to be a single isolated post where principles of reservation will not apply.

Without commenting on the merits, at this distance of time, when decision pertaining to the recruitment in the year 2003 is under challenge, it appears that after 20 years of filing of the petition, now lis does not survive.

However, the issue of reservation of single post is not involved in the present case and once it has come on record that the reservation has been made in accordance with the prescribed Rules and there is no rejoinder to support the contention that posts should be considered to be a single isolated post so to attract the ratio of law laid down by Supreme Court in P.G. Institute of Medical Education and Research Vs. Faculty Association (AIR 1998 SC 1767).

In fact, respondents in their return have taken a stand that as per Annx.P/2, two posts of Professors in Pharmacy are sanctioned. There is no further sub-classification. Thus, contention of the petitioners that post of Professor be further bifurcated as per specialization in Pharmaceutical Chemistry and Pharmaceutical Biotechnology and be treated as single isolated post is not made out, inasmuch as, sanctioned set up as contained in Annx.P/2 only talks of two posts of Professor in Pharmacy Department and does not talk of further bifurcation. Thus, when there is plurability of posts, then ratio in P.G. Institute of Medical Education and Research (supra), will not be Signature Not Verified SAN applicable.

Accordingly, petition being devoid of merit, deserves to be dismissed 3 and is dismissed.

(VIVEK AGARWAL) JUDGE A.Praj.