Dr. Beenu Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 3384 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                               WP No. 4623 of 2023
            (DR. BEENU SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 24-02-2023
      Earlier, call was given by the Madhya Pradesh State Bar Council to

abstain from work today. At 10:30 a.m., the said call has been recalled.
      Shri Shashank Shekhar - Senior Advocate - with Shri Samresh Katare -
Advocate for the petitioner.
      Shri Lalit Joglekar - Government Advocate for the respondents-State.

Heard on admission and stay.

Petitioner is aggrieved by order dated 17.02.2023 (Annexure-P/4) passed b y The Dean/C.E.O., Shyam Singh Medical College, Rewa (respondent no.4) whereby petitioner has been directed to work till further orders at newly commissioned Government Medical College at Satna as Professor (Obsterics & Gynecology).

It is the grievance of petitioner that her appointment order dated 5.7.2018 (Annexure-P/1) stipulates a condition, by way of condition No.12 that once she appointed as Professor (Obstetrics & Gynecology) at Autonomous

Government Medical College, Rewa, 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 in W.P. No.4491/2023 and interim protection has been given. She seeks parity.

Learned counsel for the respondent-State 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.

H e 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 Government.

Issue notice.

Shri Lalit Joglekar, Government Advocate 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 Rewa.

List this case along with W.P. Nos.4491/2023 and 4494/2023 in the week commencing 13.03.2023.

(ANAND PATHAK) JUDGE

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Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.24 17:04:28 +05'30'