Citation : 2021 Latest Caselaw 163 MP
Judgement Date : 24 February, 2021
1 WP-19475-2020
The High Court Of Madhya Pradesh
WP-19475-2020
(DR. TARANNUM KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 24-02-2021
Shri Brindavan Tiwari, learned counsel for the petitioner.
Shri Swapnil Ganguly, learned Deputy Advocate General for the
respondent/State.
This writ petition has been filed by 17 petitioners who are working as Guest Faculty Teachers challenging the validity of the advertisement dated
21.11.2020.
Shri Swapnil Ganguly, learned Deputy Advocate General at the outset has produced for perusal of the Court a communication dated 24.02.2021 received from the Lecturer, Rajmata Scindia Government Girls P.G College, Chhindwara conveying that the impugned advertisement has itself been cancelled.
Learned counsel for the petitioner submitted that since the petitioners are working as Guest Faculty may not be substituted by another Guest Faculty in view of decision of the Government dated 04.08.2020 and the
judgment of the Supreme Court in the case of Hargurpartap Singh V/s. State of Punjab and others reported in 2007(13) SCC 292. Learned counsel in this connection invited attention of this Court towards the order dated 16.02.2021 passed by this Court in W.P.No.20556/2020.
Considering that the first prayer of the petitioner to challenge the aforesaid advertisement which itself has been cancelled, the petition to that extent has already been annulled and as far as the second prayer flows asking for direction to the respondent not to substitute the petitioner who are working as Guest Faculty for another set of Guest Faculty Lecturers, it is directed that in case the petitioners are still working as Guest Faculty they shall not be replaced by any other Guest Faculty till regular appointments are made by the State Government pursuant to the recommendations of Public Service Commission in terms of the policy of the Government dated 2 WP-19475-2020 31.5.2018 read with 04.8.2020.
The writ petition is accordingly disposed of.
(MOHAMMAD RAFIQ) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
anu
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2021.02.25 16:51:14 IST
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