Chattisgarh High Court

Dilip Kumr Khurana vs State Of Chhattisgarh on 31 March, 2022

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                                                                  NAFR

        HIGH COURT OF CHHATTISGARH AT BILASPUR

                      WPS No. 2165 of 2022
1. Garima Saw D/o Shri Purushottam Saw Aged About 22 Years
   Occupation Guest Faculty (Mathematics) At Government Naveen
   College, Bori District Durg Chhattisgarh.
2. Avami Dubey D/o Shri Sushil Dubey Aged About 23 Years
   Occupation Guest Faculty (Physics) At Government Naveen
   College, Bori District Durg Chhattisgarh.
3. Bhanupratap Verma S/o Shri Keshav Prasad Aged About 24 Years
   Occupation Guest Faculty (Geography) At Government Naveen
   College, Bori District Durg 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, Bodri District Chhattisgarh.
                                                      ---- Respondent

WPS No. 2174 of 2022  Gyanesh Kumar S/o Shri Kali Prasad Aged About 37 Years Working As Guest Lecturer (Economic) At Govt. Niranjan Kesharwani College Kota, District Bilaspur 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. Niranjan Kesharwani College Kota, District Bilaspur Chhattisgarh.

---- Respondent WPS No. 2176 of 2022  Nandani Sahu D/o Mahendra Kumar Aged About 25 Years Working As Guest Faculty (Commerce) At Satyanarayan Agrawal Government Arts And Commerce College , Kohka Newra , 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 Satyanarayan Agrawal Government Arts And Commerce College, Kohka Newra , District Raipur Chhattisgarh.

---- Respondent WPS No. 2177 of 2022  Lalita Rajak D/o Santosh Rajak, Aged About 23 Years Working As Guest Faculty (Economics) At Govt. Digvijay Autonomous P.G. College, Rajnandgaon, District Rajnandgaon (C.G.)

---- Petitioner Versus

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

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

3. Principal, Govt. Digvijay Autonomous P.G. College, Rajnandgaon, District Rajnandgaon (C.G.)

---- Respondent WPS No. 2180 of 2022  Jeevantika Thakur D/o Manoj Singh Thakur Aged About 26 Years Working As Guest Faculty (Hindi) At Govt. College, Nikum, District Durg (C.G.)

---- Petitioner Versus

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

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

3. Principal, Govt. College, Nikum District Durg (C.G.)

---- Respondent WPS No. 2181 of 2022  Ravi Kumar Nirala S/o Dharam Lal Nirala Aged About 28 Years Working As Guest Faculty (Chemistry) At Govt. Naveen College, Hasaoud, District Janjgir Champa 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. Naveen College, Hasoud, District Janjgir-Champa Chhattisgarh.

---- Respondent WPS No. 2198 of 2022  Kamal Kumar Bodle S/o Ankaloo Ram Bodle Aged About 45 Years Working As Guest Faculty (Hindi) At Govt. Naveen Girls College, Balod, District Balod Chhattisgarh., 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., District : Raipur, Chhattisgarh

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

3. Principal Govt. Naveen Girls College, Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh

---- Respondent WPS No. 2238 of 2022  Teekeshwar Kumar Patil S/o Manohar Lal Patil Aged About 30 Years Working As Guest Faculty (Political Science) At Naveen Govt. College Ranitarai, Patan, 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, Naveen Govt. College Ranitarai, Patan, District Durg (Chhattisgarh), District : Durg, Chhattisgarh

---- Respondent WPS No. 2207 of 2022  Nitisha Bajaj D/o. Laxman Bajaj, Aged About 24 Years Working As Guest Faculty (Mathematics) At Govt. Khemraj Laxmichand Arts, Commerce And Science College, Bagbahra, District Mahasamund (Chhattisgarh), District : Mahasamund, 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. Khemraj Laxmichand Arts, Commerce And Science College, Bagbahra, District Mahasamund (Chhattisgarh), District : Mahasamund, Chhattisgarh

---- Respondent WPS No. 2188 of 2022  Guleshwari Sahu D/o. Harak Das Sahu, Aged About 23 Years Working As Guest Faculty (Botany) At Govt. College, Nikum, 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.

3. Principal Government College, Nikum, District Durg, Chhattisgarh., District : Durg, Chhattisgarh

---- Respondent WPS No. 2189 of 2022  Sunita Dewangan D/o Lakhan Lal Dewangan Aged About 29 Years Working As Guest Faculty (Physics) At Govt. College, Nikum, 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. College, Nikum, District Durg (Chhattisgarh)

---- Respondent WPS No. 2192 of 2022  Jeevan Lal Sahu S/o Sant Ram Sahu, Aged About 25 Years Working As Guest Faculty (Mathematics ) At Govt. Maharshi Balmiki P.G. Collage, Bhanupratappur, District Uttar Baster Kanker, 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. Maharshi Balmiki P.G. Collage, Bhanupratappur, District Uttar Baster Kanker,

---- Respondent WPS No. 2196 of 2022  Narmada D/o Mahendra Raj Aged About 32 Years Working As Guest Faculty (Hindi) At Naveen Govt. College Ranitarai, Patan, 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 Naveen Govt. College Ranitarai, Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh

---- Respondent WPS No. 2186 of 2022  Dilip Kumr Khurana S/o Khikh Ram Khurana Aged About 37 Years Working As Professor (English) At Government Naveen College Hasaud, District Janjgir-Champa, Chhattisgarh., District : Janjgir- Champa, 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 Government Naveen College Hasaud, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

---- Respondent

For Petitioners : Mr. Topilal Bareth, Advocate Mr. Jeet Ram Patel, Advocate Mr. Govind Dewangan, Advocate

For State : 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. Kunal Das, Panel Lawyer Mr. Suyash Dhar Badgaiya, Panel Lawyer

Hon'ble Shri Justice P. Sam Koshy Order on Board 31/03/2022

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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."

7. 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.

8. 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