Madhya Pradesh High Court
Pradeep Kumar Yadav vs The State Of Madhya Pradesh on 26 April, 2022
Author: Chief Justice
Bench: Ravi Malimath
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
ON THE 26th OF APRIL, 2022
WRIT PETITION No. 6159 of 2022
Between:-
1. PRADEEP KUMAR YADAV, S/O SHRI PREETAM
LAL YADAV, AGED ABOUT 33 YEARS,
OCCUPATION: GUEST FACULTY, R/O VILLAGE
KHIRANI GHAT, THANA BARGI, POST MOHAS,
DISTRICT DISTRICT JABALPUR (MADHYA
PRADESH)
2. DR. SWARNIM PATEL S/O SHRI SURESH KUMAR
PATEL, AGED ABOUT 37 YEARS, OCCUPATION:
GUEST FACULTY, R/O DUTT TOWNSHIP,
MANDLA ROAD, TILHARI, DISTRICT JABALPUR
(MADHYA PRADESH)
3. MADHVI SONI D/O LT. B.D SONI, AGED ABOUT 31
YEARS, OCCUPATION: GUEST FACULTY, R/O
4723/13-B, JAWAHAR NAGAR, ADHARTAL,
DISTRICT JABALPUR (MADHYA PRADESH)
4. RAHUL NEMA S/O SHRI MUKESH KUMAR NEMA,
AGED ABOUT 30 YEARS, OCCUPATION: GUEST
FACULTY, R/O H.NO. 163, PUSHPAK NAGAR, SAI
MANDIR KE PASS, ADHARTAL DISTRICT
JABALPUR (MADHYA PRADESH)
5. SANDEEP KUMAR SAHU S/O SHRI NANDULAL
SAHU, AGED ABOUT 29 YEARS, OCCUPATION:
GUEST FACULTY, R/O VILLAGE AND POST
KARONDI, TEHSIL SHAHPURA, DISTRICT
DINDORI (MADHYA PRADESH)
2
6. ANURAG CHOURASIYA S/O SHRI SAMAY LAL
CHOURASIA, AGED ABOUT 32 YEARS,
OCCUPATION: GUEST FACULTY, R/O H.NO. 72,
VILLAGE LALPUR, POST AMARPATAN, DISTRICT
SATNA (MADHYA PRADESH)
7. POOJA JYOTISHI D/O TARENDRA KUMAR
JYOTISHI, AGED ABOUT 33 YEARS,
OCCUPATION: GUEST FACULTY, R/O SUBASH
WARD, MANDLA, DISTRICT MANDLA (MADHYA
PRADESH)
8. VIPENDRA TRIPATHI S/O SHRI RAVINDRA
TRIPATHI, AGED ABOUT 28 YEARS,
OCCUPATION: GUEST FACULTY, R/O GRAM
VIKORA, POST MUDHWARI, PAWAI, DISTRICT
PANNA (MADHYA PRADESH)
9. ANJANA VANSHKAR D/O MALLU VANSHKAR,
AGED ABOUT 27 YEARS, OCCUPATION: GUEST
FACULTY, R/O H.NO. 240, PREMSAGAR,
VANSHKER MOHALLA, DISTRICT JABALPUR
(MADHYA PRADESH)
10. BHAGWAN SINGH LODHA S/O SHRI KAILASH
NARAYAN LODHA, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST FACULTY, R/O VILLAGE
MODKI, POST MURADPUR, TEHSIL BAMORI,
DISTRICT GUNA (MADHYA PRADESH)
11. CHANCHLESH TRIPATHI S/O SHRI DILIP
TRIPATHI, AGED ABOUT 31 YEARS,
OCCUPATION: GUEST FACULTY, R/O H.NO. 1770,
DWARKA NAGAR WARD, LALMATI, GHAMAPUR
DISTRICT JABALPUR (MADHYA PRADESH)
12. ANSHUL RAWAT W/O ASKHAY SARAWGI, AGED
ABOUT 27 YEARS, OCCUPATION: GUEST
FACULTY, R/O 2016, NEAR JOY SCHOOL, VIJAY
NAGAR, DISTRICT JABALPUR (MADHYA
PRADESH)
13. SHEKHAR TANDAN S/O LATE RADHESHYAM
TANDAN, AGED ABOUT 42 YEARS, OCCUPATION:
GUEST FACULTY, R/O SHASTRI NAGAR, TRIPURI
3
WARD, DISTRICT JABALPUR (MADHYA
PRADESH)
14. SHIKHA NERELA D/O SANTOSH KUMAR
NERALA, AGED ABOUT 31 YEARS, OCCUPATION:
GUEST FACULTY, R/O H.NO. 424, TRIMURTI
NAGAR, DAMOH NAKA, DISTRICT JABALPUR
(MADHYA PRADESH)
15. ROSHNI VINODIYA W/O VIKRANT SONARE,
AGED ABOUT 30 YEARS, OCCUPATION: GUEST
FACULTY, R/O H.NO 1804, MAIN ROAD,
GORAKHPUR, NEAR GURUDWARA, DISTRICT
JABALPUR (MADHYA PRADESH)
16. ABHIHSHEK AGRAWAL S/O SHRI GOVIND
PRASAD AGRAWAL, AGED ABOUT 29 YEARS,
OCCUPATION: GUEST FACULTY, R/O 5 1/9, SHIV
KUTI, GOPAL BAGH, DISTRICT JABALPUR
(MADHYA PRADESH)
17. MANISHA SINGH THAKUR W/O SHRI PRAWEEN
MASRAM, AGED ABOUT 31 YEARS, OCCUPATION:
GUEST FACULTY, R/O H.NO. 6/16, T.I.T COLONY,
SHEETLAMAI WARD, KANCHGHAR, DISTRICT
JABALPUR (MADHYA PRADESH)
18. TANMAY RICHHARIYA S/O SHRI PRABHAT
RICHHARIYA, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST FACULTY R/O MIG-10,
SHIVNAGAR DAMOH NAKA, DISTRICT
JABALPUR (MADHYA PRADESH)
19. NEHA NEMA W/O TAPAS CHATTERJEE, AGED
ABOUT 34 YEARS, OCCUPATION: GUEST
FACULTY, R/O 591/C, SBI COLONY, SNEH NAGAR,
DISTRICT JABALPUR (MADHYA PRADESH)
20. AKANKSHA SHIRVAS W/O HARSHIT KACHHI,
AGED ABOUT 33 YEARS, OCCUPATION: GUEST
FACULTY, R/O 3649, VIVEK NAGAR, ADHARTAL,
DISTRICT JABALPUR (MADHYA PRADESH)
21. AYUSH VERMA S/O SHRI INDRAPAL VERMA,
AGED ABOUT 27 YEARS, OCCUPATION: GUEST
4
FACULTY, R/O H.NO. 743, KAMLA NEHRU NAGAR,
GARHA ROAD, DISTRICT JABALPUR (MADHYA
PRADESH)
22. GOURI DUBEY W/O SHRI SHUBHAM
KHAMPARIYA, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST FACULTY, R/O 158, LAL
BAHADUR SHASTRI NAGAR, DAMOH NAKA,
DISTRICT JABALPUR (MADHYA PRADESH)
23. POOJA VISHWAKARMA D/O DHARMENDRA
VISHWAKARMA, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST FACULTY, R/O SHRI
MANGAL MARKET SUBHASH WARD, MURWARA,
KATNI, DISTRICT KATNI (MADHYA PRADESH)
24. SWEETI GARHEWAL D/O MADAN LAL
GARHEWAL, AGED ABOUT 33 YEARS,
OCCUPATION: GUEST FACULTY, R/O H.NO. C-12,
AASTHA PARISAR, NEW RAM NAGAR,
ADHARTAL DISTRICT JABALPUR (MADHYA
PRADESH)
25. SUMIT KUMAR RAI S/O SOHAN LAL RAI, AGED
ABOUT 35 YEARS, OCCUPATION: GUEST
FACULTY, R/O H.NO. 1227/A NEAR SURVODAY
SCHOOL, JAI PRAKASH NAGAR, ADHARTAL
DISTRICT JABALPUR (MADHYA PRADESH)
26. MEGHA MALIK W/O DAKSHRAJ KOTHARI, AGED
ABOUT 32 YEARS, OCCUPATION: GUEST
FACULTY, R/O H.NO. 2470/A, SETHINAGAR,
GUPTESHWAR, DISTRICT JABAPUR (MADHYA
PRADESH)
27. DEVYANI BANSHPAL W/O RISHI BANSHPAL,
AGED ABOUT 31 YEARS, OCCUPATION: GUEST
FACULTY, R/O 282 TRIVENI VILLA SANGAM
COLONY, BALDEOBAGH, JABALPUR, DISTRICT
JABALPUR (MADHYA PRADESH)
28. SHACHINDRA KUMAR DUBEY S/O INDRA RAJ
DUBEY, AGED ABOUT 31 YEARS, OCCUPATION:
GUEST FACULTY, R/O D-3 AMAN APARTMENTS,
5
SOUTH CIVIL LINES, DISTRICT JABALPUR
(MADHYA PRADESH)
29. SWAPNILTA KASHYAP W/O SHRI SHAILENDRA
KASHYAP, AGED ABOUT 42 YEARS,
OCCUPATION: GUEST FACULTY, R/O 653 GALI
NO. 19, SHANTINAGAR COLONY, DAMOHNAKA,
DISTRICT JABALPUR (MADHYA PRADESH)
30. DR. AJAY SINGH UTIYE S/O SHRI DHOKAL SING
UTIYE, AGED ABOUT 38 YEARS, OCCUPATION:
GUEST FACULTY, SURVEY COLONY, VIJAY
NAGAR, DISTRICT JABALPUR (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI ANOOP NAIR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY, DEPARTMENT OF TECHNICAL
EDUCATION AND TRAINING GOVERNMENT OF
MADHYA PRADESH, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. THE DIRECTORATE OF TECHNICAL EDUCATION,
BHOPAL, THROUGH COMMISSIONER, BHOPAL
(MADHYA PRADESH)
3. DISTRICT JABALPUR ENGINEERING COLLEGE
JABALPUR, THROUGH ITS PRINCIAL, DISTRICT
JABALPUR (MADHYA PRADESH)
4. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION (AICTE) THROUGH ITS CHAIRMAN,
NELSON MANDELA, MARG VASANT KUNJ, NEW
DELHI (DELHI)
.....RESPONDENTS
(SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE FOR RESPONDENTS NO.1 TO 3 AND SHRI
ASHOK KUMAR CHOURASIYA - ADVOCATE FOR
RESPONDENT NO.4)
6
WRIT PETITION NO.6609 of 2022
Between :-
1. TANU JAIN D/O SURENDRA JAIN, AGED ABOUT
28 YEARS, OCCUPATION: GUEST LECTURER,
O/O PALI COLLEGE, DAMOH R/O CIVIL LINE 6
DAMOH, DISTRICT DAMOH (MADHYA
PRADESH)
2. SURENDRA KUMAR KURMI S/O BALIRAM
KURMI , AGED ABOUT 35 YEARS, OCCUPATION:
GUEST LECTURER O/O COMPUTER SCIENCE
DEPARTMENT POLYTECHNIC COLLEGE,
DAMOH, R/O VILLAGE KHAJARI TAHSIL AND
DISTRICT DAMOH (MADHYA PRADESH)
3. ASHOK KARMAKAR S/O DIWAKAR KARMAKAR,
AGED ABOUT 29 YEARS, OCCUPATION: GUEST
LECTURER O/O CIVIL DEPARTMENT
POLYTECHNIC COLLEGE DAMOH, DISTRICT
DAMOH (MADHYA PRADESH)
4. SAURABH SAHU S/O RAJNIKANT SAHU, AGED
ABOUT 29 YEARS, OCCUPATION: GUEST
LECTURER, O/O POLYTECHNIC COLLEGE,
DAMOH, R/O TADA, DISTRICT SAGAR (MADHYA
PRADESH)
5. JITENDRA CHOURASIYA S/O RAMPRASAD
CHOURASIYA, AGED ABOUT 36 YEARS,
OCCUPATION: GUEST LECTURER, O/O
ELECTRICAL ENGG. DEPARTMENT
POLYTECHNIC COLLEGE, DAMOH, R/O KHAUJA
KALA, REWA DISTRICT (MADHYA PRADESH)
6. SUDAMA AHIRWAR S/O KHIMMU AHIRWAR,
AGED ABOUT 36 YEARS, OCCUPATION: GUEST
LECTURER, O/O SCIENCE DEPARTMENT
POLYTECHNIC COLLEGE, DAMOH, R/O JHINNA,
DISTRICT REWA (MADHYA PRADESH)
7. GOVIND PRASAD AHIRWAR S/O MOHANLAL
AHIRWAR, AGED ABOUT 31 YEARS,
OCCUPATION: GUEST LECTURER, O/O
7
ELECTRICAL DEPARTMENT POLYTECHNIC
COLLEGE, DAMOH, BANSA DISTRICT DAMOH
(MADHYA PRADESH)
8. PRATISTHA SHAILAR D/O DEVENDRA SHAILAR ,
AGED ABOUT 31 YEARS, OCCUPATION: GUEST
LECTURER, O/O ELECTRICAL DEPARTMENT
POLYTECHNIC COLLEGE, DAMOH, R/O ASATI
WARD NO.1 DAMOH, DISTRICT DAMOH
(MADHYA PRADESH)
9. SHUBHRA SHRIVASTAVA D/O VINOD
SHRIVASTAVA, AGED ABOUT 28 YEARS,
OCCUPATION: GUEST LECTURER, O/O
ELECTRICAL DEPARTMENT POLYTECHNIC
COLLEGE, DAMOH, R/O VIVEKANAND NAGAR,
DAMOH, DISTRICT DAMOH (MADHYA
PRADESH)
10. VIBHA DUBEY D/O KRISHNAKANT DUBEY ,
AGED ABOUT 28 YEARS, OCCUPATION: GUEST
LECTURER, O/O MECHANICAL ENGG.
DEPARTMENT POLYTECHNIC COLLEGE,
DAMOH, R/O BAJARIYA WARD NO. 7 DAMOH,
DISTRICT DAMOH (MADHYA PRADESH)
11. RAVIKANT DUBEY S/O RAMSEWAK RAI, AGED
ABOUT 36 YEARS, OCCUPATION: GUEST
LECTURER, O/O MECHANICAL ENGG.
DEPARTMENT POLYTECHNIC COLLEGE,
DAMOH, R/O KARRAPUR DISTRICT SAGAR
(MADHYA PRADESH)
12. BHAVESH KUMAR PATEL S/O KUNJBIHARI
PATEL, AGED ABOUT 36 YEARS, OCCUPATION:
GUEST LECTURER, O/O GOVT. POLYTECHNIC
COLLEGE, DAMOH, R/O BANDA DISTRICT
SAGAR (MADHYA PRADESH)
13. ANJULATA KORI D/O JAGDISH KORI, AGED
ABOUT 28 YEARS, OCCUPATION: GUEST
LECTURER, O/O ELECTRICAL DEPARTMENT
POLYTECHNIC COLLEGE, DAMOH, R/O
8
BHAGGANJ DISTRICT SAGAR (MADHYA
PRADESH)
14. CHANCHAL KORI D/O MUNNALAL, AGED
ABOUT 34 YEARS, OCCUPATION: GUEST
LECTURER, O/O ELECTRICAL DEPARTMENT
POLYTECHNIC COLLEGE, DAMOH, R/O
BADOLA, DISTRICT SAGAR (MADHYA
PRADESH)
15. POOJA YADAV S/O SHAMSHER YADAV , AGED
ABOUT 28 YEARS, OCCUPATION: GUEST
LECTURER, O/O ELECTRICAL DEPARTMENT
POLYTECHNIC COLLEGE, DAMOH, R/O
NAUGAON DISTRICT CHHATARPUR (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI SHYAM YADAV - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, TECHNICAL
EDUCATION SKILL AND EMPLOYMENT DEPTT
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. UPPER SECRETARY, TECHNICAL EDUCATION
SKILL DEPARTMENT AND EMPLOYMENT
DEPARTMENT, BHOPAL (MADHYA PRADESH)
3. JOINT DIRECTOR, SKILL DEVELOPMENT
DEPARTMENT, REGIONAL OFFICE
GOVINDPURA BHOPAL, DISTRICT- BHOPAL,
(MADHYA PRADESH)
4. COMMISSIONER DIRECTORATE OF TECHNICAL
EDUCATION, BHOPAL, DISTRICT BHOPAL
(MADHYA PRADESH)
5. THE DIRECTOR, SKILL DEVELOPMENT
DEPARTMENT, NEAR SAI MANDIR NARMADA
9
ROAD, JABALPUR, DISTRICT DISTRICT
JABALPUR (MADHYA PRADESH)
6. PRINCIPAL, GOVERNMENT POLYTECHNIC
COLLEGE, DAMOH DISTRICT DAMOH
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE)
WRIT PETITION No. 6921 of 2022
Between:-
1. SANJAY KUMAR RAJAK S/O SHRI RAMSEWAK,
AGED ABOUT 34 YEARS, OCCUPATION: GUEST
FACULTY GOVERNMENT POLYTECHNIC
COLLEGE, TIKAMGARH, DISTRICT
TIKAMGARH, R/O RAJDHAR COLONY NEAR
TELEPHONE COLONY DATIYA, DISTRICT
DATIYA (MADHYA PRADESH)
2. VIKAS KUMAR SAHU S/O SHRI KAILASH SAHU,
AGED ABOUT 29 YEARS, OCCUPATION: GUEST
FACULTY GOVT. POLYTECHNIC COLLEGE
TIKAMGARH, DISTRICT TIKAMGARH, R/O
MAMOUN DARWAJA WARD NO. 27, NEAR OLD
BUS STAND, TIKAMGARH DISTRICT
TIKAMGARH (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI R.P. MISHRA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, TECHNICAL SKILLED
DEVELOPMENT DEPARTMENT, MANTRALAYA
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
10
2. DEPUTY SECRETARY, MINISTRY OF TECHNICAL
EDUCATION, SKILLED DEVELOPMENT AND
EMPLOYMENT, DEPARTMENT OF STATE OF
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER TECHNICAL EDUCATION
DIRECTORATE OF TECHNICAL EDUCATION,1
4TH FLOOR SATPURA BHAWAN BHOPAL
(MADHYA PRADESH)
4. PRINCIPAL / SUPERINTENDENT GOVT.
POLYTECHNIC COLLEGE TIKAMGARH
DISTRICT TIKAMGARH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE)
WRIT PETITION No. 7682 of 2022
Between:-
1. JAYSHREE BAITOD D/O LATE SHRI NARENDRA
BAITOD , AGED ABOUT 34 YEARS, OCCUPATION:
GUEST FACULTY, R/O 66, GOPALPURA, MAXI
ROAD, UJJAIN (MADHYA PRADESH)
2. REKHA SINGH W/O DR DIWAKAR PATEL, AGED
ABOUT 37 YEARS, OCCUPATION: GUEST
FACULTY R/O 203/204, NAGESHWAR DHAM
COLONY, UJJAIN (MADHYA PRADESH)
3. DR. MANJUSHA MIMROT W/O MR. RAJESH
MIMROT, AGED ABOUT 46 YEARS,
OCCUPATION: GUEST FACULTY R/O 170/12,
DESAI NAGAR, NEAR NAGAR NIGAM OFFICE,
UJJAIN (MADHYA PRADESH)
4. PAYAL PARMAR W/O SHRI ABHISHEK GOYAL,
AGED ABOUT 27 YEARS, OCCUPATION: GUEST
FACULTY R/O 49, MUSSADIPURA, SATI GATE,
UJJAIN (MADHYA PRADESH)
11
5. NAINA SOLANKI D/O SHRI LAKHAN SINGH
SOLANKI , AGED ABOUT 28 YEARS,
OCCUPATION: GUEST FACULTY R/O H/4, SICHAI
VIBHAG COLONY, AASTHA, DISTRICT SEHORE
(MADHYA PRADESH)
6. RUPESH RAIKWAR S/O LATE SHRI DASHRATH
RAIKWAR, AGED ABOUT 43 YEARS,
OCCUPATION: GUEST FACULTY R/O 330, SETHI
NAGAR COLONY, UJJAIN (MADHYA PRADESH)
7. ABUTALIB CHHIPA S/O ABDUL RAHIM CHHIPA,
AGED ABOUT 28 YEARS, OCCUPATION: GUEST
FACULTY R/O 44, MAIN ROAD, BHAIRAVGARH,
UJJAIN (MADHYA PRADESH)
8. AASHISH JADIYA S/O SHRI NANDKISHORE
JADIYA , AGED ABOUT 36 YEARS, OCCUPATION:
GUEST FACULTY R/O 226, SAI BAG COLONY,
UJJAIN (MADHYA PRADESH)
9. RAHUL SHARMA S/O SHRI ASHOK KUMAR
SHARMA, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST FACULTY R/O 169,
GAYATRI SADAN, SAIDHAM COLONY, UJJAIN
(MADHYA PRADESH)
10. RAMA DHANARIYA W/O SHRI RAJESH
DHANARIYA, AGED ABOUT 35 YEARS,
OCCUPATION: GUEST FACULTY R/O 41/4 PATEL
NAGAR, AWANTIPURA, UJJAIN (MADHYA
PRADESH)
11. AMRITA GOUR D/O AMBARAM GOUR, AGED
ABOUT 38 YEARS, OCCUPATION: GUEST
FACULTY R/O 374/574, INDIRA NAGAR, UJJAIN
(MADHYA PRADESH)
12. NIKITA SHARMA D/O RAJENDRA KUMAR
SHARMA, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST FACULTY R/O A2/14,
BASANAT VIHAR COLONY, UJJAIN (MADHYA
PRADESH)
12
13. SAURABH YADAV S/O R.K. YADAV, AGED ABOUT
28 YEARS, OCCUPATION: GUEST FACULTY R/O
B2/21, VASANT VIHAR COLONY, UJJAIN
(MADHYA PRADESH)
14. PRIYANKA YADAV D/O SMT. MAMTA YADAV,
AGED ABOUT 30 YEARS, OCCUPATION: GUEST
FACULTY R/O FREEGANJ, UJJAIN (MADHYA
PRADESH)
15. VAISHALI GAYAKWAD D/O SHRI RAJHANS
GAYAKWAD, AGED ABOUT 32 YEARS,
OCCUPATION: GUEST FACULTY R/O C2/161,
VYAS NAGAR, UJJAIN (MADHYA PRADESH)
16. RUPA RAJORIYA D/O SHRI SHIVNARAYAN
RAJORIYA, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST FACULTY R/O 126, RAJIV
GANDHI NAGAR, MALANWASA, UJJAIN
(MADHYA PRADESH)
17. ANJALI MORE D/O SHRI PRADEEP MORE , AGED
ABOUT 32 YEARS, OCCUPATION: GUEST
FACULTY R/O 148/A, KRISHNA PARISAR, INDORE
ROAD, UJJAIN (MADHYA PRADESH)
18. RAHUL PALDIYA S/O ANIL KUMAR PALDIYA,
AGED ABOUT 36 YEARS, OCCUPATION: GUEST
FACULTY R/O 111/2, SUBHASH NAGAR, COLONY,
FREEGANJ, UJJAIN (MADHYA PRADESH)
19. TAPASYA THAKUR D/O MANOHAR SINGH
THAKUR, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST FACULTY R/O LIG-C4/31.
RISHI NAGAR, UJJAIN (MADHYA PRADESH)
20. VIJENDRA SINGH CHOUHAN S/O BALWANT
SINGH CHOUHAN, AGED ABOUT 29 YEARS,
OCCUPATION: GUEST FACULTY R/O HIG-8,
HOUSING BOARD COLONY, INDORE ROAD,
UJJAIN (MADHYA PRADESH)
21. BHUPENDRA SHARMA S/O RAJENDRA KUMAR
SHARMA, AGED ABOUT 35 YEARS,
13
OCCUPATION: GUEST FACULTY R/O A2/14,
BASANAT VIHAR COLONY, UJJAIN (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI AJAY KUMAR MIMROT - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH, THROUGH
SECRETARY TECHNICAL EDUCATION AND
TRAINING, GOVERNMENT OF MADHYA
PRADESH, VALLABH BHAWAN BHOPAL (MP)
(MADHYA PRADESH)
2. DIRECTORATE OF TECHNICAL EDUCATION,
THROUGH COMMISSIONER, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
3. UJJAIN ENGINEERING COLLEGE, UJJAIN
THROUGH ITS PRINCIPAL, UJJAIN (MADHYA
PRADESH)
4. UJJAIN POLYTECHNIC COLLEGE, UJJAIN
THROUGH ITS PRINCIPAL UJJAIN (MADHYA
PRADESH)
5. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION (AICTE) THROUGH ITS CHAIRMAN,
NELSON MANDELA MARG, VASANT KUNJ NEW
DELHI (DELHI)
.....RESPONDENTS
(SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE FOR RESPONDENTS NO.1 TO 4 AND SHRI
ASHOK KUMAR CHOURASIYA - ADVOCATE FOR
RESPONDENT NO.5)
WRIT PETITION No. 7949 of 2022
Between:-
1. SALIKRAM JHARIYA S/O LATE YADUNANDAN
JHARIYA , AGED ABOUT 35 YEARS, OCCUPATION:
14
GUEST FACULTY R/O MAHAJANI WARD, H.NO. 22,
MAIN ROAD, NARSINGHPUR (MADHYA
PRADESH)
2. RAJ KUMAR SONI S/O SHRI KOMAL SINGH SONI ,
AGED ABOUT 34 YEARS, OCCUPATION: GUEST
FACULTY R/O RAJNAGAR COLONY GALI NO. 7
RANI AWANTI WARD NARSINGHPUR (MADHYA
PRADESH)
3. NEKNARAYAN THAKUR S/O SHRI K.S THAKUR ,
AGED ABOUT 39 YEARS, OCCUPATION: GUEST
FACULTY R/O BARGI COLONY NO. 2 NEHRU
WARD GOTEGAON NARSINGHPUR (MADHYA
PRADESH)
4. VINOD PAGRE S/O SHRI MANTREE PAGARE ,
AGED ABOUT 31 YEARS, OCCUPATION: GUEST
FACULTY R/O AT MOARI POST GAJANDOH,
TEESIL UMRETH, CHHINDWARA (MADHYA
PRADESH)
5. KAMINI YADAV D/O SHRI V.S YADAV, AGED
ABOUT 36 YEARS, OCCUPATION: GUEST
FACULTY R/O HOUSE NO. 538 INDRA NAGAR
NEAR DOBHI GHAT BFJ BILPURA, DISTRICT
JABALPUR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ANOOP NAIR - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH, THROUGH
SECRETARY, DEPARTMENT OF TECHNICAL
EDUCATION AND TRAINING, GOVERNMENT OF
MADHYA PRADESH, VALLABH BHAWAN BHOPAL.
(MADHYA PRADESH)
2. THE DIRECTORATE OF TECHNICAL EDUCATION,
BHOPAL, THROUGH COMMISSIONER, BHOPAL
(MADHYA PRADESH)
15
3. V.M GOVERNMENT POLYTECHNIC COLLEGE
THROUGH, ITS PRINCIPAL, NARSINGHPUR
(MADHYA PRADESH)
4. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION (AICTE) THROUGH ITS CHAIRMAN
NELSON MANDELA MARG VASANT KUNJ, NEW
DELHI (DELHI) 110070.
.....RESPONDENTS
(SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE FOR RESPONDENTS NO.1 TO 3 AND SHRI
ASHOK KUMAR CHOURASIYA - ADVOCATE FOR
RESPONDENT NO.4)
WRIT PETITION No. 7950 of 2022
Between:-
1. RAMKISHOR KOURAV S/O SHRI RAMSAGAR
KOURAV, AGED ABOUT 32 YEARS, OCCUPATION:
GUEST FACULTY R/O H.NO. 33, GRAM DILHERI
NAYAKHEDA TEHESIL KARELI, DISTRICT
NARSINGHPUR (MADHYA PRADESH)
2. SMT. MUNMUN KASTWAR D/O SHRI RAVI KU.
KASTWAR, AGED ABOUT 32 YEARS,
OCCUPATION: GUEST FACULTY R/O SANTOSH
GUPTA LANE, CIVIL LINES, KATNI (MADHYA
PRADESH)
3. SMT. ANSHIKA PATEL D/O SHRI INDRAGOPAL
PATEL, AGED ABOUT 28 YEARS, OCCUPATION:
GUEST FACULTY R/O H.JNO.- 1, BAKAL, TEHSIL-
BAHORIBAND KATNI (MADHYA PRADESH)
4. DESHKAR RAO ADKANE S/O SHRI VEDRAM
ADKANE , AGED ABOUT 33 YEARS, OCCUPATION:
GUEST FACULTY R/O WARD NO. 32, SHARDA
NAGAR BALAGHAT, DISTRICT BALAGHAT
(MADHYA PRADESH)
5. VANDANA KANEL D/O SHRI JAGDISH KANEL,
AGED ABOUT 26 YEARS, OCCUPATION: GUEST
16
FACULTY R/O VILL. DAGADPURA, POST
MIRJAPUR, TEHSIL MANWAR, DISTRICT DHAR
(MADHYA PRADESH)
6. SANDEEP KUSHWAHA S/O LT. RAMYAS
KUSHWAHA, AGED ABOUT 34 YEARS,
OCCUPATION: GUEST FACULTY R/O KHUNTHI
LANE NO. 1, NEAR NEPALI KIRANA STORE,
SATNA (MADHYA PRADESH)
7. PRADEEP KU. MISHRA S/O LT. RAMESH KU.
MISHRA , AGED ABOUT 36 YEARS, OCCUPATION:
GUEST FACULTY, R/O NEAR DEVI MANDIR,
GAYATRI NAGAR, MAKRONIA, SAGAR (MADHYA
PRADESH)
8. YOGITA DWIVEDI D/O SHRI MUKESH KU.
DWIVEDI, AGED ABOUT 28 YEARS, OCCUPATION:
GUEST FACULTY, R/O BATTA LANE, DUBEY
COLONY, KATNI (MADHYA PRADESH)
9. MEERA UIKEY D/O SHRI DALARAM, AGED
ABOUT 30 YEARS, OCCUPATION: GUEST
FACULTY R/O BICHHUA, DISTRICT
CHHINDWARA (MADHYA PRADESH)
10. DEEPAK KU. KUMHAR S/O SHRI BADRI PRASAD
KUMHAR, AGED ABOUT 29 YEARS, OCCUPATION:
GUEST FACULTY, R/O KATRA TOLA,
BIRSINGHPUR, DISTRICT SATNA (MADHYA
PRADESH)
11. KAMLAPAT AHIRWAR S/O SHRI GOPAL DAS
AHIRWAR, AGED ABOUT 28 YEARS,
OCCUPATION: GUEST FACULTY R/O
TARICHARKALAN W.NO. 3, TEHSIL NIWARI,
DISTRICT NIWARI, TIKAMGARH (MADHYA
PRADESH)
12. VENKTESHVAR SINGH S/O SHRI JEEVAN SINGH,
AGED ABOUT 27 YEARS, OCCUPATION: GUEST
FACULTY R/O TEHSIL DHEEMARKHEDA,
DISTRICT KATNI (MADHYA PRADESH)
17
13. SMT. AKANKSHA SARAOGI D/O SHRI B.G. GUPTA,
AGED ABOUT 42 YEARS, OCCUPATION: GUEST
FACULTY R/O JK INSTITUTED AT POST OFFICE
GALI KATNI (MADHYA PRADESH)
14. AMZAD KHAN S/O SHRI SULTAN AHMED KHAN,
AGED ABOUT 40 YEARS, OCCUPATION: GUEST
FACULTY R/O AMZAD KHAN WARD NO. 15,
PATHANI MOHALLA, CHANDIA, DISTRICT KATNI
(MADHYA PRADESH)
15. SMT. GEETANJALI GAUTAM D/O SHRI
AWADHESH PRASAD GAUTAM , AGED ABOUT 34
YEARS, OCCUPATION: GUEST FACULTY R/O
VIVEKANAND CHOWK, LAKHERA, DISTRICT
KATNI (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ANOOP NAIR - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH, THROUGH
SECRETARY DEPARTMENT OF TECHNICAL
EDUCATION AND TRAINING, GOVERNMENT OF
MADHYA PRADESH VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE DIRECTORATE OF TECHNICAL EDUCATION,
BHOPAL, THROUGH COMMISSIONER BHOPAL
(MADHYA PRADESH)
3. GOVERNMENT POLYTECHNIC COLLEGE KATNI
THROUGH ITS PRINCIPAL KATNI (MADHYA
PRADESH)
4. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION (AICTE) THROUGH ITS CHAIRMAN
NELSON MANDELA MARG, VASANT KUNJ, NEW
DELHI (DELHI) 110070
.....RESPONDENTS
18
(SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE FOR RESPONDENTS NO.1 TO 3 AND SHRI
ASHOK KUMAR CHOURASIYA - ADVOCATE FOR
RESPONDENT NO.4)
WRIT PETITION No. 8105 of 2022
Between:-
1. ANAND TANDEKAR S/O SHRI CHANDOOLAL
TANDEKAR, AGED ABOUT 34 YEARS,
OCCUPATION: GUEST FACULTY GOVERNMENT
POLYTECHNIC COLLEGE KHIRSADOH,
CHHINDWARA, R/O MANKADEI KALAN,
UMRETH, DISTRICT CHHINDWARA (MADHYA
PRADESH)
2. SWATI GAJBHIYE D/O SHRI RUPCHAND
GAJBHIYE, AGED ABOUT 32 YEARS,
OCCUPATION: GUEST FACULTY, GOVERNMENT
POLYTECHNIC COLLEGE, KHIRSADOH,
CHHINDWARA, R/O CHAURAI KHAS, DISTRICT
CHHINDWARA (MADHYA PRADESH)
3. PRATIMA DHURWEY, D/O SHRI RAM PRASAD
DHURWEY, AGED ABOUT 39 YEARS,
OCCUPATION: GUEST FACULTY, GOVERNMENT
POLYTECHNIC COLLEGE, KHIRSADOH,
CHHINDWARA R/O CHANDAMERA TEHSIL
PARASIYA, DISTRICT CHHINDWARA (MADHYA
PRADESH)
4. NEHA BUNKAR S/O SURESH BUNKAR, AGED
ABOUT 31 YEARS, OCCUPATION: GUEST
FACULTY, GOVERNMENT POLYTECHNIC
COLLEGE, KHIRSADOH, CHHINDWARA R/O
GRAM BHANDARIYA, TEHSIL PARASIYA
DISTRICT CHHINDWARA (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI PRAMENDRA SINGH THAKUR - ADVOCATE)
AND
19
1. THE STATE OF MADHYA PRADESH, THROUGH
SECRETARY, DEPARTMENT OF TECHNICAL
EDUCATION AND TRAINING GOVERNMENT OF
MADHYA PRADESH, MANGRALAYA VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DIRECTORATE OF TECHNICAL EDUCATION,
THROUGH COMMISSIONER BHOPAL (MADHYA
PRADESH)
3. GOVERNMENT POLYTECHNIC COLLEGE,
KHIRSADOH, CHHINDWARA, THROUGH
PRINCIPAL CHHINDWARA (MADHYA PRADESH)
4. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION (AICTE) THROUGH ITS CHAIRMAN
NELSON DISTRICT MANDLA MARG, VASANT
KUNJ, NEW DELHI (DELHI) - 110070
.....RESPONDENTS
(SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE FOR RESPONDENTS NO.1 TO 3 AND SHRI
ASHOK KUMAR CHOURASIYA - ADVOCATE FOR
RESPONDENT NO.4)
WRIT PETITION No. 8768 of 2022
Between:-
1. PRASANT TIWARI S/O SHRI RAM KRISHNA
TIWARI , AGED ABOUT 55 YEARS, OCCUPATION:
GUEST FACULTY (LECTURER PHYSICS) R/O
WARD NO. 6 SHISHU MANDIR SCHOOL DINDORI,
DISTRICT DINDORI (M.P)
2. SMITA SHARMA D/O BASANT SHARMA , AGED
ABOUT 30 YEARS, OCCUPATION: GUEST
FACULTY (ENGLISH) R/O NEAR MEKALSUTA
COLLAGE, WARD NO.2, SUKHAR, DINDORI
DISTRICT DINDORI (MADHYA PRADESH)
3. DEEPALI NETAM D/O LATE SHRI D.S.NETAM ,
AGED ABOUT 30 YEARS, OCCUPATION: GUEST
FACULTY (CHEMISTRY) R/O VILLAGE SUBKHAR,
20
MAAL POST, DINDORI DISTRICT-DINDORI
(MADHYA PRADESH)
4. PRADEEP KUMAR SAHU S/O SHRI NATHU LAL
SAHU, AGED ABOUT 30 YEARS, OCCUPATION:
GUEST FACULTY (LECTURER MATH) R/O
BARGAON KAROUNDI, BALGOPAL GANJ
KARONDI MAL, DINDORI (MADHYA PRADESH)
5. SANAD SAHAU S/O SHRI BHALLU SAHU, AGED
ABOUT 28 YEARS, OCCUPATION: GUEST
FACULTY (LECTURER CIVIL ENGINEER) R/O
VILLAGE BARGAON KARONDI, TAHSIL
SAHPURA, DISTRICT-DINDORI (MADHYA
PRADESH)
6. SUNDAR LAL BAGHEL S/O SHRI SEWAK RAM
BAGHEL , AGED ABOUT 32 YEARS, OCCUPATION:
GUEST FACULTY (CIVIL ENGINEER) R/O
JAMGEON MEDHA, MANDLA, DISTRICT-
MANDLA (MADHYA PRADESH)
7. SACHIN KUMAR WASNIK S/O SHRI KISHOR
WASNIK, AGED ABOUT 28 YEARS, OCCUPATION:
GUEST FACULTY (CIVIL ENGINEER) R/O WARD
NO.6 TUMSAR ROAD, NAVEGAON TIRODI
BALAGHAT, DISTRICT-BALAGHAT (MADHYA
PRADESH)
8. ABHIMANYU SONI S/O SHRI DURGA PRASAD
SONI, AGED ABOUT 27 YEARS, OCCUPATION:
GUEST FACULTY (CIVIL ENGINEER) R/O WARD
NO.9 KAMRA NO.6, GANJ ROAD BEHIND DURGA
MANDIR SHAHDOL (MADHYA PRADESH)
9. SHIVRAM PADAM S/O SHRI GANNA SINGH ,
AGED ABOUT 29 YEARS, OCCUPATION: GUEST
FACULTY (CIVIL ENGINEER) R/O HOUSE NO.197,
VILLAGE BAZAG, ANGAIMAL DISTRICT
DINDORI (MADHYA PRADESH)
10. AMAN HARDAHA S/O JAI PRAKASH HARDAHA,
AGED ABOUT 27 YEARS, OCCUPATION: GUEST
FACULTY (CIVIL ENGINEER) R/O WARD NO.5,
MANDLA, DISTRICT MANDLA (MADHYA
PRADESH)
21
11. KISHOR KUMAR DEHARIYA S/O SHRI YADU
PRASAD DEHARIYA, AGED ABOUT 28 YEARS,
OCCUPATION: GUEST FACULTY MECHANICAL
ENGINEER R/O WARD NO.15 SARANDIYA, SEONI
CHHAPRA, DISTRICT (MADHYA PRADESH)
12. NARENDRA KUMAR MAHRA S/O SHRI RAM
PRASAD MAHRA, AGED ABOUT 34 YEARS,
OCCUPATION: GUEST FACULTY MECHANICAL
ENGINEER R/O VILLAGE JAMGAON, ANUPPUR
DISTRICT ANUPPUR (MADHYA PRADESH)
13. DOLENDRA BOPCHE S/O SHIV PRASAD BOPCHE,
AGED ABOUT 26 YEARS, OCCUPATION: GUEST
FACULTY MECHANICAL ENGINEER, R/O NEAR
GOVERNMENT SCHOOL WARD NO.9, TEKDI
BALAGHAT, DISTRICT BALAGHAT (MADHYA
PRADESH)
14. BHARTI BANDHAW D/O SHRI ANANDRAM
BANDHAW, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST FACULTY COMPUTER
SINCE ENG. R/O WARD NO.15 HOUSE NO.82,
DINDORI DISTRICT (MADHYA PRADESH)
15. RANU SINGH MASRAM D/O SHRI JEEVAN SINGH
MASRAM, AGED ABOUT 27 YEARS, OCCUPATION:
GUEST FACULTY COMPUTER SINCE ENG. R/O
HOUSE NO.205, PHAD MOHALLA, NEAR SHIV
MANDIR, GADASARAI, DINDORI, DISTRICT
DINDORI (MADHYA PRADESH)
16. DEEPAK KUMAR SAHU D/O NOHAR LAL SAHU,
AGED ABOUT 26 YEARS, OCCUPATION: GUEST
FACULTY AUTOMOBILE ENGINEER R/O
VILLAGE BILGAON, DINDORI DISTRICT
DINDORI (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI M.K. TRIPATHI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
ITS PRINCIPAL SECRETARY, TECHNICAL
EDUCATION AND TRAINING DEPARTMENT,
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
22
2. THE DIRECTORATE OF TECHNICAL EDUCATION
BHOPAL, THROUGH THE COMMISSIONER
SATPURA BHAWAN DISTRICT-BHOPAL (MADHYA
PRADESH)
3. THE PRINCIPAL, GOVERNMENT POLYTECHNIC
COLLEGE DINDORI, DISTRICT DINDORI
(MADHYA PRADESH)
4. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION (AICTE) THROUGH ITS CHAIRMAN
NELSON MANDELA MARG, VASANT KUNJ,
(DELHI) - 110070
.....RESPONDENTS
(SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE FOR RESPONDENTS NO.1 TO 3 AND SHRI
ASHOK KUMAR CHOURASIYA - ADVOCATE FOR
RESPONDENT NO.4)
WRIT PETITION No. 8784 of 2022
Between:-
1. KUNDAN SURYAVANSHI S/O M.L.SURYAVANSHI,
AGED ABOUT 39 YEARS, OCCUPATION: GUEST
FACULTY R/O 327/8 SHASTRI NAGAR NEAR SHIVA
TEMPLE UJJAIN(MADHYA PRADESH)
2. ANIL PATIDAR, S/O KAILASH CHANDRA
PATIDAR, AGED ABOUT 31 YEARS, OCCUPATION:
GUEST FACULTY R/O 214 BEHIND RAM TEMPLE
GURADIYA KALAN DEWAS (MADHYA PRADESH)
3. ACHIN MADAN S/O ANIL RAJ MADAN, AGED
ABOUT 32 YEARS, OCCUPATION: GUEST
FACULTY, R/O 24 A SCHEME DUSHAHRA MAIDAN
UJJAIN (MADHYA PRADESH), 456010
4. DHARMENDAR SINGH YADAV S/O BHAGAVAT
SINGH YADAV, AGED ABOUT 31 YEARS,
OCCUPATION: GUEST FACULTY R/O - 68
BHELWASA, P/O- PARSOL, BLOCK - ISSAGARH,
DIST- ASHOKNAGAR (MADHYA PRADESH) 473335
.....PETITIONER
23
(BY SHRI ANOOP NAIR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY DEPARTMENT OF TECHNICAL
EDUCATION AND TRAINING, GOVERNMENT OF
MADHYA PRADESH, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. THE DIRECTORATE OF TECHNICAL
EDUCATION, BHOPAL, THROUGH
COMMISSIONER, SATPURA BHAWAN BHOPAL
(MADHYA PRADESH)
3. GOVERNMENT POLYTECHNIC COLLEGE,
THROUGH ITS PRINCIPAL AGAR MALWA, DISTT.
AGAR MALWA, DISTRICT AGAR MALWA
(MADHYA PRADESH).
4. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION (AICTE) THROUGH ITS CHAIRMAN
NELSON MANDELA MARG, VASANT KUNJ, NEW
DELHI (DELHI) - 110070.
.....RESPONDENTS
(SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE FOR RWESPONDENTS NO.1 TO 3 AND SHRI
ASHOK KUMAR CHOURASIYA - ADVOCATE FOR
RESPONDENT NO.4)
WRIT PETITION No. 8691 of 2022
Between:-
1. ANIL KUMAR ATNERIYA S/O LATE KAMAL DAS
ATNERIYA, AGED ABOUT 52 YEARS,
OCCUPATION: GUEST FACULTY, R/O 2C
SHUBHASH COLONY NEAR RAMA COLONY,
KHANDWA, DISTT. KHANDWA (MADHYA
PRADESH)
2. MUKESH RATHORE S/O MOHAN RATHORE,
AGED ABOUT 36 YEARS, OCCUPATION: GUEST
FACULTY, R/O AT POST BARUR DISTRICT
KHANDWA MP 470771 (MADHYA PRADESH)
24
3. RUCHITA YADAV D/O MOHAN KUMAR YADAV ,
AGED ABOUT 33 YEARS, OCCUPATION: GUEST
FACULTY R/O B/8 LIG COLONY RAMESHWAR
WARD DISTRICT KHANDWA MP 450001 (MADHYA
PRADESH)
4. BHANUDAY MALVIYA S/O OMPRAKASH
MALVIYA, AGED ABOUT 33 YEARS,
OCCUPATION: GUEST FACULTY, R/O A-361
SECTOR 6 NEW HARSUD DISTRICT KHANDWA
MP 450116 (MADHYA PRADESH)
5. RAHUL PALIWAL S/O RAJENDRA PALIWAL, AGED
ABOUT 33 YEARS, OCCUPATION: GUEST
FACULTY R/O WARD NO. 12 GADARI MOHALLA
NEAR MOUR BUILDING SHITLA MATA MANDIR
TIMRANI DISTRICT HARDA MP 461228 (MADHYA
PRADESH)
6. JWALA SINGH MANDLOI S/O JOR SINGH
MANDLOI, AGED ABOUT 31 YEARS,
OCCUPATION: GUEST FACULTY R/O VILLAGE
POST LODHADI, TEHSIL SEONI MALWA
DISTRICT HOSHANGABAD MP 461223 (MADHYA
PRADESH)
7. VINOD KUMAR BANSE S/O SAMMULAL BANSE ,
AGED ABOUT 31 YEARS, OCCUPATION: GUEST
FACULTY R/O AT MALSIVANI POST PADHAR
TEHSIL GHORADONGRI DISTRICT BETUL MP
460001 (MADHYA PRADESH)
8. SHUBHAM YADAV S/O PREMNARAYAN YADAV ,
AGED ABOUT 30 YEARS, OCCUPATION: GUEST
FACULTY R/O WARD NO. 10 SHANTI NAGAR
MANDIDEEP DISTRICT RAISEN 462046 (MADHYA
PRADESH)
9. ANITA BAKORIYA D/O SATISH BAKORIYA , AGED
ABOUT 30 YEARS, OCCUPATION: GUEST
FACULTY R/O A/476 RAMNAGAR JASWADI ROAD
DISTRICT KHANDWA MP 450001 (MADHYA
PRADESH)
10. ARPANA PIPLONIA D/O S. SHARMA, AGED ABOUT
30 YEARS, OCCUPATION: GUEST FACULTY R/O
MAKAN NO. 40/1 WARD NO. 5 GRAM SAKTAPUR,
25
POST MANDLA, DISTRICT HARD MP 461441
(MADHYA PRADESH)
11. MANISHA TOMAR D/O PRAVEEN SINGH TOMAR,
AGED ABOUT 29 YEARS, OCCUPATION: GUEST
FACULTY, R/O VILLAGE JOGIBEDA POST
ASHAPUR TEHSIL KHALWA,0 DISTRICT
KHANDWA MP 450117 (MADHYA PRADESH)
12. BAJRANG SINGH KUSHWAHA S/O RAMJANAM
KUSHWAHA, AGED ABOUT 29 YEARS,
OCCUPATION: GUEST FACULTY, R/O VILLAGE
BANAULI, POST NIGAHI DISTRICT SINGRAULI
MP 486884 (MADHYA PRADESH)
13. NEHA RANSURMA D/O N.P. RANSURMA, AGED
ABOUT 29 YEARS, OCCUPATION: GUEST
FACULTY R/O MIG 30 KOTRA SULTANABAD,
DISTRICT BHOPAL 462003 (MADHYA PRADESH)
14. ANKITA ARZARE D/O SHRINIVAS ARZARE, AGED
ABOUT 28 YEARS, OCCUPATION: GUEST
FACULTY, R/O MAHAVEER BAAG NEAR GURJAR
HOSPITAL, DISTRICT KHANDWA MP 450001
(MADHYA PRADESH)
15. CHANCHALA WASKEL D/O NARAYAN WASKEL,
AGED ABOUT 29 YEARS, OCCUPATION: GUEST
FACULTY, R/O VILLAGE BANJARI POST
LUNHERA BUJURG, TEHSIL MANAWAR,
DISTRICT DHAR 454449 (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ANOOP NAIR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY, DEPARTMENT OF TECHNICAL
EDUCATION AND TRAINING, GOVERNMENT OF
MADHYA PRADESH, VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE DIRECTORATE OF TECHNICAL EDUCATION
THROUGH COMMISSIONER BHOPAL (MADHYA
PRADESH)
26
3. GOVERNMENT POLYTECHNIC COLLEGE,
HARDA ROAD, HARSUD, DISTRICT KHANDWA,
MADHYA PRADESH, THROUGH PRINCIPAL.
4. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION (AICTE) THROUGH ITS CHAIRMAN
NELSON MANDELA MARG VASANT KUNJ NEW
DELHI-110070 (DELHI)
.....RESPONDENTS
(SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE FOR RESPONDENTS NO.1 TO 3 AND SHRI
ASHOK KUMAR CHOURASIYA - ADVOCATE FOR
RESPONDENT NO.4)
WRIT PETITION No. 8694 of 2022
Between:-
NIDHI MAHESHWARY D/O SHRI SHIV NARAYAN
MAHESHWARY, AGED ABOUT 33 YEARS,
OCCUPATION: GUEST FACULTY R/O VELLABH
NAGUR MANGROUL ROAD GALI NO.1 DISTT.
KHARGONE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANOOP NAIR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH, THROUGH
SECRETARY, DEPARTMENT OF TECHNICAL
EDUCATION AND TRAINING, GOVERNMENT OF
MADHYA PRADESH, VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. THE DIRECTORATE OF TECHNICAL
EDUCATION, BHOPAL, THROUGH
COMMISSIONER DISTRICT, BHOPAL(M.P.)
(MADHYA PRADESH)
3. GOVT. WOMEN POLYTECHNIC COLLEGE,
THROUGH PRINCIPAL KHARGONE (MADHYA
PRADESH)
27
4. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATION(AICTE) THROUGH ITS CHAIRMAN
NELSON MANDELA MARG VASANT KUNJ NEW
DELHI-110070 (DELHI)
.....RESPONDENTS
(SHRI BRAMHADATT SINGH - GOVERNMENT
ADVOCATE FOR RESPONDENTS NO.1 TO 3 AND SHRI
ASHOK KUMAR CHOURASIYA - ADVOCATE FOR
RESPONDENT NO.4)
--------------------------------------------------------------------------------------------------
These writ petitions coming on for admission this day, Hon'ble
Shri Justice Ravi Malimath, Chief Justice, passed the following:
ORDER
Since the subject matter involved in all these writ petitions is almost similar, they are taken up for consideration together.
The writ petitioners are all Guest Faculty Teachers in Engineering and Polytechnic Colleges. They have all been engaged as Lecturers/Professors to teach the students in the concerned colleges. They are not in permanent employment. They are appointed as Guest Faculty Teachers for a period of 11 months, discontinued thereafter and subsequently have to once again apply to be appointed as a Guest Faculty. They are paid on an hourly basis. They are given approximately 17 hours of teaching per week. Various other conditions exist in the Directives dated 27.01.2022. Their grievance is that they have been appointed continuously only for 11 months period and after which their employment becomes doubtful. They are also aggrieved by the clause in the directives that they have to undergo a fitness test every year. Various other clauses affect them.
28However, the learned Government Advocate submits that the policy was earlier in existence to the same effect ever since the year 2004. There has been no grievance. That no case has been made out by any of the writ petitioners as to the discontinuance of any Guest Faculty. He further contends that the test of the Guest Faculty Teachers is only for the purposes to ensure that they conform to the eligibility as enunciated by the AICTE. That there is no qualitative test that is done every year in order to recruit them. However, he submits that in cases where the Guest Faculty Teachers are found to be unfit or for any other reason, disentitling them to teach in the classes, it is only those persons who are removed from service. For all other Guest Faculties, it is only the eligibility that is seen.
Heard learned counsels.
Various interim orders were passed in these petitions. In some petitions, the interim order was to the effect that the petitioners should not be terminated from service and shall continue until and unless a fresh appointment is made. In certain other cases, an interim order was passed to the effect that until and unless regular appointment is made, till then the petitioners shall continue. However, since all these petitions are taken up for consideration together, we deem it just and appropriate that the petitioners receive an appropriate order which will cover the entire issue at large.
Primarily, we do not find any advantage with the Government for imposing these kind of conditions. Even otherwise, the learned Government Advocate submits that this is not a test in the sense as contended by the petitioners. It is only intended for ensuring that they conform to the eligibility as prescribed by the AICTE. So far as this is 29 concerned, the initial appointment of the Guest Faculty has already been made based on the eligibility criteria as prescribed by the AICTE. Therefore, once they are found fit for employment, we do not find any necessity for the petitioners to go through the very same documentation every time a fresh appointment has to be made. A one time test of eligibility would appear to satisfy the interest of the State.
So far as removing the teachers who are found unfit to teach is concerned, the right of the State is always retained to that extent. A teacher who does not perform his duties properly, cannot be allowed to continue in service. Therefore, that clause in the agreement entitling them to discontinue in the Guest Faculty for reasons of incompetence cannot be interfered with by this Court.
Since the learned Government Advocate submits that at present there does not seem to be a proposal by the Government to go in for regular appointment, it is only just and necessary that the petitioners continue as Guest Faculty Teachers until and unless regular appointments are made. However, the terms and conditions as applicable to the Guest Faculty Teachers will continue to remain unaffected.
The further submission of the learned Government Advocate that they require to balance the Lecturers in view of the requirement of such a Lecturer, is also left to the discretion of the State based on the availability and necessity of such students which would mean that in case there are few or no students in a particular stream, the State is entitled not to continue a Guest Faculty for that particular stream for that particular college. If, however, in a particular stream, there are more number of students or in a particular college, more Guest Faculty Teachers are 30 required, the State is always at liberty to call for fresh appointment for the said purpose.
The aforesaid observations would take care of the interests of the petitioners as well as the State.
These writ petitions are disposed off with the aforesaid directions. Either parties are at liberty to move this Court for seeking modification of the order, if found necessary.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
A.Praj.
ASHWANI PRAJAPATI
2022.04.27 18:15:18 +05'30'