Madhya Pradesh High Court
Miss Gunjan Jaiswal vs The State Of Madhya Pradesh on 10 August, 2018
1
HIGH COURT OF MADHYA PRADESH
WP No.17289/2018
(Miss Gunjan Jaiswal & Others v. State of MP & Others)
Gwalior, Dated : 10.08.2018
Shri Rajnish Sharma, learned counsel for the
petitioners.
Shri Abhishek Mishra, learned Government Advocate
for the respondents-State.
Heard.
Petitioners have filed this petition being aggrieved by order dated 07.07.2018 passed by the Deputy Secretary, School Education Department, Bhopal, whereby in para 1.1, certain contingencies have been mentioned under which vacant posts of faculty can be filled up. These contingencies are as under :-
1- vfrfFk f'k{kdksa dh vko';drk dk vkdyu 1-1 fdlh Hkh Lrj dh 'kkyk esa vfrfFk f'k{kdksa dks fuEu dkj.kksa ls j[kk tk ldsxk%& 1-1-1 'kkyk Lohd`r in ds fo:) in fjDr jgus ijA 1-1-2 fdlh f'k{kd@f'kf{kdk ds U;wure 15 fnol ;k mlls vf/kd ds esfMdy@vftZr@vU; Lokhd`r@vukf/kd`r vodk'k ij jgus dh fLFkfr esaA 1-1-3 f'kf{kdk ds izlfw r@pkbZYM ds;j vodk'k ij gksus ij@f'k{kd ds fir`Ro vodk'k ij gksus ij 1-1-4 'kklu@foHkkxh; vuqefr ls Mh-,M- @ch-,M-@,e-,M- izf'k{k.k esa f'k{kd ds tkus ijA 1-1-5 uohu gkbZLdwy@m-ek-fo-@ekWMy Ldwy tgka f'k{kd dh O;oLFkk ugha gqbZ gSA
2. This circular also provides a time limit for filling up of such posts. In para 7, it is mentioned that in Primary and Middle School, the list showing attendance of such guest faculty will be uploaded 2 HIGH COURT OF MADHYA PRADESH WP No.17289/2018 (Miss Gunjan Jaiswal & Others v. State of MP & Others) Gwalior, Dated : 10.08.2018 upto 28 t h July, 2018. Similarly, for High School and Higher Secondary School, such list of teachers, who submit their joining, is to be uploaded on the portal upto 24 t h July, 2018.
3. Petitioners' contention is that the petitioners are going to be replaced as a guest faculty and, therefore, pray for staying operation of order Annexure P/1.
4. Petitioners have placed reliance on the judgment of Hon'ble Coordinate Bench of this Court dated 03.08.2018 passed in WP No.17288/2018 (Rajesh Singh Kamath v. State of MP) , wherein the Coordinate Bench of this Court has categorically mentioned that "this Court is unable to concur with the said interim views of the coordinate benches since grant of similar interim order shall take away the privilege of the State to carry out an annual exercise of subjecting the candidature of petitioners to scrutiny for deciding the question of their re-engagement for the new academic session. It would further grant licence to guest faculty to continue indefinitely."
5. Thereafter, the Hon'ble Coordinate Bench noted that however to protect the interest of petitioners and the State, it is directed that in the meantime the impugned advertisement P/1 shall not come in way of the respondents if they intend to 3 HIGH COURT OF MADHYA PRADESH WP No.17289/2018 (Miss Gunjan Jaiswal & Others v. State of MP & Others) Gwalior, Dated : 10.08.2018 consider petitioners for further fresh appointment as guest faculty in the current/next academic session. There is no direction to the State or any direction to necessarily continue the petitioners, who were working as guest faculty. Thus, the petitioners' reliance on the said judgment of the Coordinate Bench of this Court in Rajesh Singh Kamath v. State of MP (supra) is misplaced because the Coordinate Bench of this Court in the case of Rajesh Singh Kamath v. State of MP (supra) has not granted any stay on continuance of the guest faculty. It has only given liberty to the State Government to consider their candidature if required.
6. Learned counsel for the petitioners has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Hargurpratap Singh v. State of Punjab as reported in (2007) 13 SCC 292 , but the facts of that case are distinguishable to support the contention that services of the petitioners cannot be terminated arbitrarily and they are entitled for the relief of regularization, minimum payscale and to continue in their present place until regular appointments are made.
7. The facts of the case are distinguishable inasmuch as the petitioners in the case of Hargurpratap Singh (supra) were appointed on 4 HIGH COURT OF MADHYA PRADESH WP No.17289/2018 (Miss Gunjan Jaiswal & Others v. State of MP & Others) Gwalior, Dated : 10.08.2018 ad hoc basis in several colleges of the State of Punjab, whereas in the present case, the petitioners have been appointed as guest faculty. There is clear differentiation between the scope and work of an ad hoc appointed teacher, who is a full time faculty and a guest faculty.
8. Similarly, he has placed reliance on the decision of a Coordinate Bench at Jabalpur in the case of W.P.No.17157/2018 (Sanyukt Atithi Shikshak Sangh v. State of MP & Others) , but that order has not taken into consideration the scope of the advertisement and the decision rendered by the Coordinate Bench of this Court in the case of Rajesh Singh Kamath v. State of MP (supra).
9. Another issue, which was not canvassed before the the Hon'ble Coordinate Bench, is that the last date for uploading the name of such guest faculty was 28 t h July, 2018 as per the advertisement (Annexure P/1). Petitioners have not been able to point out despite their being a categorical and specific query that anybody else has been appointed in place of the petitioners and anybody's name has been uploaded on the portal in place of the petitioners.
10. In absence of there being any appointment in place of the petitioners, the petitions merely on the 5 HIGH COURT OF MADHYA PRADESH WP No.17289/2018 (Miss Gunjan Jaiswal & Others v. State of MP & Others) Gwalior, Dated : 10.08.2018 basis of apprehension are not to be entertained and it is for the petitioners to show specific cause of action for filing a petition and seeking specific relief.
11. As the petitioners have failed to show any specific cause against them inasmuch as, as noted above, they have not been able to point out that anybody's name has been uploaded on the portal in place of the petitioners and have also not been able to, thus, show any cause of action in favour of them, this petition fails and is dismissed.
12. As has been noted by the Hon'ble Coordinate Bench in the case of Rajesh Singh Kamath v. State of MP (supra) , the interest of the petitioners and the State are to be balanced and it will be open to the respondents to consider the candidature of the petitioners for fresh appointment as guest faculty, if they so desire, but that will not grant any licence to the petitioners to continue as guest faculty indefinitely.
(Vivek Agarwal) Judge meh/-
Digitally signed by MEHFOOZ AHMEDDate: 2018.08.13 17:13:01 +05'30'