Madhya Pradesh High Court
Khushboo vs Higher Education Department on 9 January, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
THE HIGH COURT OF MADHYA PRADESH,
INDORE BENCH
WP No.239/2020
Indore, dated :09.01.2020
Shri Santosh Purohit, learned counsel for the petitioner.
Shri Arvind Sharma, learned Govt. Advocate for the
respondent/State.
Also heard on the question of admission.
The petitioners have filed the present petition being aggrieved by directions issued for filling the vacant posts of Guest Faculty vide Circular dated 17.12.2019 in which fresh candidates have been restricted to apply for the vacant posts in compliance of the directions issued by the Principal Bench, High Court of M.P., Jabalpur in WP No.9386/2016. The petitioners have never worked as Guest Faculty in various Govt. Colleges, therefore, by virtue of Clause 2.1 and 2.3, they can not apply for the posts of Guest Faculty, hence, they approached before this Court.
Learned counsel appearing for the petitioners submits that in a pending Writ Petition before the Principal Bench, vide order dated 13.10.2017, Hon'ble the Division Bench has directed that if any post remains vacant after submission of joining of the remaining Guest Faculty, the same can be filled up out of the candidates in the merit list prepared by the State Government in pursuance of subsequent selection process. In view of the above, there is no Bar for fresh candidates to apply for the vacant post of Guest Faculty and the State Government has given the wrong interpretation of the aforesaid order passed on 13.10.2017.
All the writ petitions pertaining to the appointment of Guest Faculty have been called by the Principal Bench, Jabalpur vide order dated 26.09.2017 for analogous hearing.
After hearing the learned counsel for the parties, the following interim order has been passed in the bunch of Writ Petitions:
"(1) The 84 candidates who have not applied and the 264 candidates who have not been selected, and wre working in the last academic session 2016-2017, will be allowed to rejoin the place of posting and the State will permit them to continue in the current academic session.
(2) The writ petitioners, who were not working in the academic session 2016-2017 if have been granted ad-interim order regarding their services, such interim orders shall stand vacated.
(3) The State will be at liberty to fill up the vacant vacancies, if any, out of the candidates in the merit list in accordance with law.
(4) All matters which are pending before Indore and Gwalior Benches or before learned Single Bench of this Court are ordered to be transferred to the Principle Bench for hearing alongwith the present writ petition.
The pending matters at Jabalpur, Gwalior and Indore are filed herewith as Annxure-A. Annexure-B and Annexure C respectively.
(5) The Benches at Indore and Gwalior shall transfer all cases filed hereinafter to this Court for hearing.
(6) If any individual petitioner has any grievance, liberty is given to apply for clarification or modification of the order, as the case may be."
As per direction no.2, the writ petitioners who were not worked in academic sessions 2016-2017, interim order regarding their services, granted earlier has been vacated. Meaning thereby, only the petitioners, who were working in earlier academic sessions i.e. 2016- 2017, have been permitted to be continued as Guest Faculty till further orders.
As per direction no.5, Benches at Indore and Gwalior have been directed to transfer all the cases filed hereinafter to this Court for hearing.
All writ petitions are still pending before the Principal Bench at Jabalpur and as per the direction no.6, if any individual petitioner has any grievance, liberty is given to apply for clarification or modification of the order, as the case may be.
The impugned Circular has been issued in compliance of the direction given by High Court on 26.09.2017 and 13.10.2017.
Therefore, the present petition is liable to be heard alongwith the bunch of writ petitions pertaining to the appointment of Guest Faculty. Hence, the petitioners are at liberty to apply for transfer of this petition to the Principal Bench on Administrative side for analogous hearing alongwith the pending writ petitions.
The case is adjourned.
(Vivek Rusia)
Judge
amit
Amit Amit Kumar
2020.01.13
Kumar 10:36:24
+05'30'