Chattisgarh High Court

Ravi Kumar vs State Of Chhattisgarh on 21 April, 2022

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                                                                     NAFR

         HIGH COURT OF CHHATTISGARH AT BILASPUR

                       WPS No. 2710 of 2022
 Dr. Bharti Singh Kumeti W/o Sunil Kumar Kumeti Aged About 42
  Years Working As Guest Faculty (Economics) At Government D.B.
  Girls P.G. Collge, Kalibadi Chowk, Raipur, District Raipur,
  Chhattisgarh.
                                                           ---- Petitioner
                               Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Higher
   Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur,
   District Raipur, Chhattisgarh.
2. Additional Director Directorate Of Higher Education Department, Atal
   Nagar, Naya Raipur, District Raipur, Chhattisgarh.
3. Principal Government D.B. Girls P.G. College, Kalibadi Chowk,
   Raipur, District Raipur, Chhattisgarh.
                                                        ---- Respondent

WPS No. 2712 of 2022  Saurabh Kumar Sahu S/o Nand Kumar Sahu Aged About 29 Years Working As Guest Faculty (Chemistry) At Govt. College, Gurur, District Balod Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh

2. Additional Director Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh

3. Principal Govt. College, Gurur, District Balod Chhattisgarh

---- Respondent WPS No. 2715 of 2022  Krishna Veni W/o P. Pawankumar, Aged About 29 Years Working As Guest Faculty (Chemistry) At Indra Gandhi Govt. P.G. College, Vaishalinagar - Bhilai, District Durg (Chhattisgarh)

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh)

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh)

3. Principal, Indra Gandhi Govt. P.G. College, Vaishalinagar - Bhilai, District Durg (Chhattisgarh)

---- Respondent WPS No. 2728 of 2022  Sarojani Patel D/o Govind Patel Aged About 28 Years Working As Guest Faculty (Chemistry) At Late Thakur Maharaj Singh Govt. College, Thankhamariya, District Bemetara (Chhattisgarh)

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh)

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur (Chhattisgarh)

3. Principal, Late Thakur Maharaj Singh Govt. College, Thankhamariya, District Bemetara (Chhattisgarh)

---- Respondent

WPS No. 2757 of 2022  Sachin S/o Ramkumar Aged About 27 Years Working As Guest Faculty (Commerce) At Late Daulatram Sharma Govt. P.G. College Kasdol, District Baloda Bazar Bhatapara, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3. Principal, Late Daulatram Sharma Govt. P.G. College, Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.

---- Respondent WPS No. 2762 of 2022  Sameer Kumar S/o Trinath Kumar, Aged About 34 Years Working As Guest Faculty (Information Technology) At Govt. Vishwanth Yadav Tamaskar P.G. Autonomous College Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Principal, Govt. Vishwanth Yadav Tamaskar P.G. Autonomous College Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh

---- Respondent WPS No. 2764 of 2022  Neelam Goyal D/o Gorelal Goyal, Aged About 33 Years Working As Guest Faculty (Commerce) At Govt. Ramanuj Pratap Singhdeo P.G. College, Baikunthpur, District Koria Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Principal, Govt. Ramanuj Pratap Singhdeo P.G. College, Baikunthpur, District Koria (Chhattisgarh), District : Koriya (Baikunthpur), Chhattisgarh

---- Respondent WPS No. 2769 of 2022  Roly Singh D/o Pramod Kumar Singh Aged About 29 Years Working As Guest Faculty (Commerce) At Government Naveen College, Sonhat., District : Koriya (Baikunthpur), Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur., District : Raipur, Chhattisgarh

2. Additional Director Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

3. Principal Government Naveen College, Sonhat, District Koria, Chhattisgarh.

---- Respondent WPS No. 2780 of 2022  Rama Soni D/o Prem Narayan Soni Aged About 38 Years Working As Guest Faculty (Computer Science) At Govt. Bilasa Girls P.G. College Bilaspur, District Bilaspur Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3. Principal Govt. Bilasa Girls P.G. College Bilaspur, District Bilaspur Chhattisgarh.

---- Respondent WPS No. 2785 of 2022  Nilam Mahto W/o Siteshwar Mahto, Aged About 37 Years Working As Guest Faculty (English) At Pt. Ravishankar Tripathi Govt. College, Bhaiyathan District Surajpur Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3. Principal, Pt. Ravishankar Tripathi Govt. College, Bhaiyathan, District Surajpur Chhattisgarh.

---- Respondent WPS No. 2786 of 2022  Ranjit Singh S/o Dayachand Tandan Aged About 30 Years Working As Guest Faculty (Hindi) At Yashwant Rao Meghawale Govt. College Magerlod, District Dhamtari Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan Atal Nagar Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3. Principal, Yashwant Rao Meghawale Govt. College Magerlod, District Dhamtari Chhattisgarh.

---- Respondent WPS No. 2787 of 2022  Ravi Kumar S/o Daman Singh Aged About 26 Years Working As Guest Faculty (Political Science) At Govt. College, Kandel, District Dhamtari Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3. Principal Govt. College, Kandel, District Dhamtari Chhattisgarh.

---- Respondent WPS No. 2789 of 2022  Prashant Kumar Kashyap S/o Rupesh Kumar, Aged About 24 Years Working As Guest Faculty (Zoology) At Navin Govt. College, Mainpur, District Gariyaband (Chhattisgarh), District : Gariyaband, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Principal, Navin Govt. College, Mainpur, District Gariyaband (Chhattisgarh), District : Gariyaband, Chhattisgarh

---- Respondent WPS No. 2790 of 2022  Keshar Kali Sarwa D/o Khilawan Sarwa, Aged About 25 Years Working As Guest Faculty (Mathematics) At Govt. Collage Kandel, District Dhamtari Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3. Principal, Govt. College Kandel, District Dhamtari Chhattisgarh.

---- Respondent WPS No. 2791 of 2022  Richa Shukla D/o Ghanshyam Shukla Aged About 43 Years Working As Guest Faculty (Hindi) At Govt. College, Kandel, District Dhamtari Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3. Principal Govt. College, Kandel, District Dhamtari Chhattisgarh.

---- Respondent WPS No. 2792 of 2022  Raman Kumar Joshi S/o Vimal Kumar Joshi, Aged About 28 Years Working As Guest Faculty (Sociology) At Govt. E.V.P.G. College, Korba, District Korba (Chhattisgarh), District : Korba, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3. Principal, Govt. E.V.P.G. College, Korba, District Korba (Chhattisgarh), District : Korba, Chhattisgarh

---- Respondent WPS No. 2793 of 2022  Pramod Jureshiya S/O Goverdhan Lal Jureshiya, Aged About 28 Years Working As Guest Faculty (Hindi) At Late Lal Shyam Shah Govt. Naveen College, Mohla, District Rajnandgaon, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur District Raipur Chhattisgarh.

3. Principal Late Lal Shyam Shah Govt. Naveen College, Mohla, District Rajnandgaon Chhattisgarh.

---- Respondent WPS No. 2794 of 2022  Athiti Singh D/o Sharad Kumar Aged About 29 Years Working As Guest Faculty (Computer Science) At Govt. Adarsh College, Durg, District Durg Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur District Raipur Chhattisgarh.

3. Principal, Govt. Adarsh College, Durg, District Durg Chhattisgarh.

---- Respondent WPS No. 2717 of 2022

1. Shirish Shrivastava S/o Shri Pravin Shrivastava Aged About 35 Years Guest Lecturer (Computer Science) At Govt. Kaktiya P.G. College, Jagdalpur, District Bastar, Chhattisgarh.

2. Kuldeep, S/o Shri Gannu Ram Aged About 26 Years Working As Guest Lecturer (Zoology) At Govt. Kaktiya P.G. College, Jagdalpur, District Bastar, Chhattisgarh.

3. Pavika Amrit, D/o Shri Chudamani Amrit, Aged About 23 Years Working As Guest Lecturer (Zoology) At Govt. Kaktiya P.G. College, Jagdalpur District Bastar Chhattisgarh.

4. Prashant Kumar Yadav, S/o Shri Narendra Kumar Yadav, Aged About 33 Years Working As Guest Lecturer (Computer Application) At Govt. Kaktiya P.G. College, Jagdalpur, District Bastar, Chhattisgarh.

5. Lipika Rathod, D/o Shri Liladhar Rathod, Aged About 26 Years Working As Guest Lecturer (Commerce) At Govt. Kaktiya P.G. College, Jagdalpur, District Baastar Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

2. Additional Director, Directorate Of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

3. Principal, Govt. Kaktiya P.G. College, Jagdalpur, District Bastar, Chhattisgarh.

---- Respondent WPS No. 2746 of 2022

1. Divya Gupta D/o Shri Rajeev Kumar Gupta Aged About 27 Years Occupation Guest Faculty (Zoology) At Government Naveen College, Nagpur, District Koriya, Chhattisgarh.

2. Rinki Sahu W/o Shri Rohit Kumar Sahu Aged About 28 Years Occupation Guest Faculty (Sociology) At Government Naveen College Nagpur, District Koriya, Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Its Secretary Higher Education Department, Mantralaya, Mahanadi, Bhawan, Atal Nagar, Raipur, Chhattisgarh.

2. Additional Director Directorate Of Higher Education Department, Atal Nagar, Raipur, Chhattisgarh.

3. Principal Government Naveen College, Nagpur, District Koriya, Chhattisgarh.

---- Respondent

WPS No. 2776 of 2022  Ranjana D/o Shri Rajesh Aged About 24 Years Guest Faculty (Maths) At Government Adarsh College, Somni, Rajnandgaon, Chhattisgarh. R/o Village /post - Surgi Rajnandgaon District - Rajnandgaon Chhattisgarh.

---- Petitioner Versus

1. State Of Chhattisgarh Through Its Secretary Higher Education Department, Mantralaya Mahanadi, Bhawan, Atal Nagar Raipur Chhattisgarh.

2. Additional Director, Directorate Of Higher Education Department Atal Nagar, Raipur Chhattisgarh.

3. Principal, Government Adarsh College, Somni, Rajnandgaon, Chhattisgarh.

---- Respondent

For Petitioners : Mr. Govind Dewangan, Advocate Mr. Ajay Kumrani, Advocate Mr. Anupam Sharma, Advocate For State : Mr. Ali Asgar, Deputy A.G.

Mr. R.M. Solapurkar, Govt. Advocate Mr. Ishan Verma, Panel Lawyer Mr. Anshuman Shrivastava, P.L.

Mr. Ravi Bhagat, Deputy G.A.

Mr. Avinash Singh, Panel Lawyer Mr. Suyash Dhar Badgaiya, Panel Lawyer

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/04/2022

1. The defaults pointed out by the Registry in WPS Nos. 2710, 2712 &

2715 of 2022 as of now stands ignored. With the consent of the

parties, the matters are heard and are being finally disposed off at the

motion stage by this common order.

2. The grievance of the petitioners in the present writ petition is that

since the petitioners were working as Guest Lecturers under the

respondent No.3 for the academic year 2021-22, the respondents

should not be permitted to replace the petitioners by another set of

contractual Guest Lecturers.

3. The contention of the petitioners is that the petitioners have

undergone a due process of selection for being appointed as Guest

Lecturers and that the services of the petitioners also were

satisfactory as there is no complaint whatsoever, so far as the

competency of the petitioners is concerned. It is further the contention

of the petitioners that now that the academic session is over, the

respondents should not be permitted to go in for a fresh recruitment

process for filling up of the posts of Guest Lecturers under the

respondent No.3 for the subject in which the petitioners were taking

classes.

4. Counsel for the petitioner relies upon the judgment of this Court

passed in the case of "Manju Gupta & others v. State of

Chhattisgarh & others" WPS No. 4406/2016, decided on

27.02.2017, whereby the similarly placed Guest Lecturers under the

Director (Industrial Training Institute) have been granted protection

from being replaced by another set of Guest Lecturers.

5. The State counsel opposing the petition submits that it is a case

where no cause of action has till date arisen, in as much as the

petitioners have filed the writ petition only on apprehension and since

there is no cause of action, the matter is premature and deserves to

be rejected.

6. Having heard the contentions put forth on either side and on perusal

of record, what is admitted is that the petitioners were appointed vide

Annexure P/1. The order of appointment specifically had a clause

mentioning that the appointment so made are till an alternative

arrangement is made by way of regular recruitment/ contractual/

transfer.

7. Further from the records, it also does not appear that the performance

of the petitioner, at any point of time, was found to be unsatisfactory.

In the case of "Manju Gupta" (supra), this Court in paragraphs No. 8

to 11 has held as under:-

"8. True it is, that the Petitioners' status is that of a Guest Lecturer but that does not mean that they do not have any right. There is always a legitimate expectation of the Petitioners that since the filling up of the posts has not been initiated by way of a regular appointment or by contractual appointments, the Petitioners would be permitted to continue.

9. The undisputed fact is that the Petitioners were given appointment only on undertaking given by them pursuant to an advertisement by the Respondents. In the undertaking which was made to be furnished by the Petitioners, they were made to undertake that their appointment would be till the posts are filled up by regular/contractual appointment. This by itself clearly gives an indication that unless the Respondents fill up the sanctioned vacant posts by either regular recruitment or by way of contractual appointment, the Petitioners would continue as Guest Lecturers. On the practical aspect also the fact that the Petitioners are discharging the duties of Guest Lecturers for last more than 1-2 years, itself is a good ground for permitting the Petitioners to continue on the said posts as Guest Lecturers, simply for the reason of their experience on the said post, as fresh recruitment would mean that persons with no or less experience would be participating in the recruitment process, which also would not be in the interest of the students who are undertaking training in the respective institutions.

10. Taking into consideration the decision of the Supreme Court in the case of Piara Singh (supra) and which has been further reiterated in the case of Dr. Chanchal Goyal (supra), this Court has no hesitation in reaching to the conclusion that the advertisement (Annexure P-1) so issued by the Respondents is definitely not in the interest of the students undertaking training at Industrial Training Institute, Ambikapur, and the same would amount to violation of Article 21 of the Constitution of India and the same therefore deserves to be and is accordingly quashed. The advertisement would be deemed to be quashed only to the extent of the recruitment against the posts at which the Petitioners are discharging. That is to say, the Respondents would be entitled to fill up the posts which are lying vacant by way of Guest Lecturers where there are no Guest Lecturers available.

11. It is directed that the Respondents would not be entitled for filling up the posts of Guest Lecturer by replacing the Petitioners unless the Respondents come up with a stand that the services of the Petitioners were dis-satisfactory. The

qaushment of the advertisement issued by the Respondents would also not come in the way of the Respondents for filling up of the sanctioned vacant posts by regular recruitment or by way of contractual appointment for which the Respondents shall be free."

8. This Court, under the given circumstances, is inclined to accept the

same analogy in the case of the petitioners also and accordingly it is

ordered that unless there is any complaint received against the

performance of the petitioners, the respondents are restrained from

going in for any fresh recruitment of a Guest Lecturer for the said

subject under the respondent No.3-college against which the

petitioners were engaged.

9. It is however made clear that the protection to the petitioners would

be only to the extent of not being replaced by another set of Guest

Lecturers. This would not preclude the State Government from going

in for filling up of the post by way of a regular appointment or by way

of engaging contractual teachers under the rules for contractual