Chattisgarh High Court
Dr. Har Govind Sharma vs State Of Chhattisgarh on 15 January, 2025
1/4
Digitally
signed by
GOPAL
SINGH
Date:
2025.01.18
17:37:02
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 321 of 2025
DR. HAR GOVIND SHARMA versus STATE OF CHHATTISGARH
Order Sheet
15/01/2025 Shri Manoj Paranjpe, Advocate for the Petitioner.
Shri Abhishek Gupta, Panel Lawyer for the
State/Respondents No.1.
Mrs. Hamida Siddiqui, Advocate appears for
Respondents No.5 and 6 through video conferencing on
advance copy.
Heard on admission and I.A.No.1 for ad interim
relief.
Issue notice.
Shri Abhishek Gupta, Learned Panel Lawyer
accepts notice on behalf of Respondent No.1.
Mrs. Hamida Siddiqui, Learned Counsel accepts
notice on behalf of Respondents No.5 and 6.
As such, no notice is required to be issued to
Respondent No.1 and Respondents No.5 and 6.
The Petitioner is directed to pay requisite process
fee by 17.1.2025 for issuance of notice on admission
and I.A.No.1 to Respondents No.2 to 4.
On payment of process fee, issue notice on
admission and I.A.No.1 to Respondents No.2 to 4.
Learned Counsel appearing for the Petitioner
submits that the Petitioner is challenging the order dated
24.12.2024 (Annexure P1) by which the Petitioner, a
Professor is directed to be superannuated after
completion of 62 years of age and it has been directed
that he will be retired from service on 31.12.2024.
Learned Counsel further submits that this order has
been passed in contravention of Statute 9(4) of the
Mahatma Gandhi Udyanikee Evam Vanikee
Viswavidyalaya, Patan, Durg Statutes, 2020 (henceforth
'the University Statutes') according to which the
Petitioner, who is a Professor, is required to be
superannuated at the age of 65 years as per their own
University Statutes. It is further submitted that according
to the definition, which has been given in Statute 30 of
the University Statutes, the Professor means the person
who is in teaching job, as such the Petitioner cannot be
ordered to be superannuated after completion of age of
62 years. According to the Petitioner, in Section 2(x) of
the Mahatma Gandhi Udyanikee Evam Vanikee
Vishwavidyalaya Adhiniyam, 2019 (henceforth 'the
Adhiniyam') also, a teacher of the university has been
defined, according to which, the person, who is
imparting instructions and conducting and guiding
research and extension programmes, will also be
considered as a person to be a teacher, as such the
impugned order has been illegally passed and it is
required to be quashed.
Learned Counsel for the Petitioner has relied upon
a recent judgment of Hon'ble the Supreme Court in P.C.
Modi v. Jawaharlal Nehru Vishwa Vidyalaya, 2023
SCC OnLine SC 1664 in which Hon'ble the Supreme
Court has considered a para materia position in which
the Sports Officer has been considered to be a teaching
staff and has been directed to be superannuated at par
with the Professors.
Learned Counsel appearing for the
State/Respondent No.1 submits that the contesting
parties would be Respondents No.2 to 4 and as such
they have to give answers to the queries made by the
Petitioner.
Mrs. Hamida Siddiqui, Learned Counsel for
Respondents No.5 and 6 submits that Respondents
No.2 to 4 are required to give reply to the petition as
they are the contesting parties.
I have heard and considered the submissions
made by Learned Counsel appearing for the parties and
also considered Statute 9(4) and Statute 30 of the
University Statutes and having considered the said
Statutes, I am of the opinion that the impugned order
dated 24.12.2024 (Annexure P1) has been passed in a
very cursory manner and it is prima facie required to be
interfered with.
Since the Petitioner has been retired with effect
from 31.12.2024 and further it seems that the order
impugned is not in accordance with law, the effect and
operation of the impugned order dated 24.12.2024
(Annexure P1) is hereby stayed till the next date of
hearing. Respondents No.2 to 4 are directed to issue
necessary orders so that the Petitioner may continue on
his post and service till the next date of hearing.
List the matter for further hearing in the week
commencing 17.2.2025.
Sd/-
(Amitendra Kishore Prasad)
Judge
Gopal Singh
