Dr. Trapti Gupta vs The State Of Madhya Pradesh
2023 Latest Caselaw 3245 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        WP No. 4494 of 2023
                                       (DR. TRAPTI GUPTA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 22-02-2023
                                 Shri Vipin Yadav - Advocate for the petitioner.

                                 Shri Swapnil Ganguly - Deputy A.G. for the respondents/State.

Petitioner is aggrieved by order dated 17.02.2023 (Annexure-P/4) passed by Director Medical Education whereby petitioner has been directed to work till further orders at newly commissioned Medical College at Satna as designate

Professor of Biochemistry.

It is the grievance of petitioner that her appointment order dated 06.08.2008 (Annexure-P/2) stipulates a condition, by way of condition No.12 that once she appointed at Netaji Subhash Chandra Bose Medical College, Jabalpur, her services shall not be transferred to any other College. Here, it appears that conditions of appointment order have been altered. Co-ordinate Bench has passed the order today itself in W.P. No.4491/2023 and interim protection has been given. He seeks parity.

Learned counsel for the respondent opposed the prayer on the ground

that at Satna, New Medical College is likely to be commissioned and, therefore, in larger public interest, teachers from different Medical Colleges have been posted temporarily at Satna Medical College. This is not a transfer per se.

He relied upon judgment of Co-ordinate Bench in the bunch of writ petitions in which W.P. No.1104/2015 order dated 02.03.2015 was lead case to bring home the analogy that Fundamental Rules 110 and other relevant provisions do not stipulate prior consent for posting a person at different place. Both Colleges are substantially and pervasively controlled by State Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/23/2023 5:11:27 PM

Government.

Issue notice.

Shri Swapnil Ganguly, Deputy A.G. for the State accepts notice on behalf of respondents. Therefore, no need for payment of process fee.

Till next date of hearing, effect and operation of impugned order dated 17.02.2023 (Annexure-P/4) shall be kept in abeyance and petitioner shall be allowed to continue at her present place of posting at Jabalpur.

List this case along with W.P. No.4491/2023 in the week commencing 13.03.2023.

(ANAND PATHAK) JUDGE

AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/23/2023 5:11:27 PM