Dr. Sonal Agrawal vs The State Of Madhya Pradesh
2023 Latest Caselaw 3457 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                               WP No. 4643 of 2023
              (DR. SONAL AGRAWAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 27-02-2023
          Shri Himanshu Mishra - Advocate for the petitioner.

          Smt. G. K. Patel - Government Advocate for the respondents-State.

Petitioner is aggrieved by order dated 17.02.2023 (Annexure-P/3) passed b y the Dean/C.E.O., Shyam Shah Medical College, Rewa (respondent no.2) whereby petitioner has been directed to work till further orders at newly

commissioned Government Medical College, Satna, as designate Associate Professor (Obstetrics and Gynaecology Department).

I t is the grievance of petitioner that her appointment order dated 29.08.2018 stipulates a condition, by way of condition No.12 that once she is appointed 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 Writ Petition No.4491/2023 and interim protection has been given. She seeks parity.

Learned counsel for the respondent opposed the prayer on the ground that at Satna, New Government 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 the order dated 02.03.2015 passed in Writ Petition No.1104/2015 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.

Smt. G. K. Patel, 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/3) 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

ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.28 18:19:04 +05'30'