Madhya Pradesh High Court
Suraj Parwani vs Govt. Holkar Science College on 31 March, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
-1-
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
WRIT PETITION No.15891/2021
Dated : 31-03-2022
Shri Vaibhav Jain, learned counsel for the petitioner.
Shri Aditya Garg, learned counsel for the respondents.
In the instant petition, the petitioner has challenged the order dated 10.08.2021 passed by the respondent no.1, whereby, the petitioner who was working as guest faculty in Physics Department has been declared fallen out because of the joining of one Dr.V.V.S Murti, Professor Physics, therefore, no post is vacant in the Physics department.
It is urged that the aforesaid reason for declaring the petitioner fallen out is contrary to the clause 3 of the Government circular dated 17.12.2019, whereby it has been provided that a guest faculty can be declared fallen out only in the case of regular appointment or new posting by way of transfer, whereas, the petitioner has been declared fallen out because of the salary of one Professor of Chemistry is being drawn from the post of Professor. He has drawn attention of this court to para no.3 of the reply filed by the respondent wherein they have stated that there are total 20 posts sanctioned (Professor -1, Assistant Professor -19) sanctioned in Physics subject out of which 19 posts are filled (Regular Assistant Professor-13 and guest faculty -06) and -2- against the post of Professor the salary of one Professor of Chemistry is drawn.
The petitioner has also challenged the communication dated 30.06.2021 Annexure P/5 issued by the Additional Commissioner, Higher Education Department on the ground that the same is contrary to the circular dated 17.12.2019.
In the reply, the respondents have not justified the aforesaid communication Annexure P/5.
Learned counsel for the respondent prays for and is granted time to file additional reply justifying the communication dated 30.06.2021 Annexure P/5.
In the meantime, any appointment made on the post of Professor/guest faculty Physics in respondent no.1/college shall be subject to the final outcome of the writ petition.
List the matter in the week commencing 18.04.2022.
(VIJAY KUMAR SHUKLA) JUDGE sourabh Digitally signed by SOURABH YADAV Date: 2022.03.31 18:44:33 +05'30'