Dr. Akansha Jain vs Director
2023 Latest Caselaw 3559 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                             WP No. 4755 of 2023
                     (DR. AKANSHA JAIN Vs DIRECTOR AND OTHERS)

Dated : 28-02-2023
      Shri Amitabh Bharti and Shri Satyendra Jain - Advocates 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 Director, Medical Education, Bhopal (respondent no.1) whereby

petitioner has been directed to work till further orders at newly commissioned Government Medical College, Satna, as designate Demonstrator, Pharmacology Department.

I t is the grievance of petitioner that her appointment order dated 01.08.2018 (Annexure-P/1) stipulates a condition, by way of condition No.8 that once she is appointed at Bundelkhand Government Autonomous College, Sagar, 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-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. She relied upon judgment of Co-ordinate Bench in the bunch of writ petitions in which 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 Sagar.

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 18:39:23 +05'30'