Madhya Pradesh High Court
Dinesh Bramhane vs Higher Education Department on 2 February, 2024
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 2nd OF FEBRUARY, 2024
WRIT PETITION No. 12264 of 2020
BETWEEN:-
DINESH BRAMHANE S/O CHHAGAN
BRAMHANE, AGED ABOUT 34 YEARS,
1. OCCUPATION: NIL VILLAGE ALKHAD POST
BANDHARA BUJURG TEH. PANSEMAL
(MADHYA PRADESH)
GUMANSINGH MUJALDE S/O GAMBHIRSINGH,
AGED ABOUT 34 YEARS, OCCUPATION: NIL
2.
VILLAGE PIPRIYA PANI TEHSIL KUKSHI
(MADHYA PRADESH)
LAKHANLAL S/O KISHORE GANGLE, AGED
ABOUT 35 YEARS, OCCUPATION: CONTRACT
3.
SERVICE 11SANT NAGAR UJJAIN (MADHYA
PRADESH)
MAHESH PAWAR S/O VITTHAL PAWAR, AGED
ABOUT 34 YEARS, OCCUPATION: NIL GRAM
4.
MAGRIYA POST BADGAV TEHSIL GOGAVA
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI AKASH SHARMA - ADVOCATE)
AND
HIGHER EDUCATION DEPARTMENT
1. PRINCIPAL SECRETARY SATPUDA BHAWAN
BHOPAL (MADHYA PRADESH)
COMMISSIONER HIGHER EDUCATION
2. DEPARTMENT SATPURA BHAWAN BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 03-02-2024
15:00:30
2
(BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER)
This petition coming on for admission this day, the court passed
the following:
ORDER
1. By this petition the petitioners have prayed for the following
reliefs :-
"(1) To, allow the writ petition by quashing the
impugned notification dated 30.06.2020 (Ann. P/2) issued
by the respondent No.2.
(2) To, quash the impugned schedule dated 17.12.2019
(Ann. P/3) issued by the respondents No.2.
(3) To direct the respondents to allow the petitioner to
participate in the selection process for the appointment of
guest faculty in pursuance to schedule dated 30.06.2020.
(4) To, direct the respondent no.2 to open the link on
the portal of higher education to the petitioner or permit
the petitioner to apply manually for the academic session
of 2020-2021.
(5) To issue an appropriate writ, direction or order, as
this Hon'ble court things fit & proper seeing the facts and
circumstances of the case."
2. Learned counsel for the petitioners submits that the petitioners
may be permitted to submit a fresh application before the respondents
who may be directed to determine whether the petitioners are fulfilling
the eligibility criteria in terms of the U.G.C. Norms. If they are found to
be fulfilling the eligibility criteria then they may be considered for
appointment to the post of guest faculty in question and in case they are
not fulfilling the eligibility criteria they may not be considered.
Reliance has been placed on the decision of Division Bench of this
Court at Principal Seat, Jabalpur in W.P. No.17228/2023 (Dr. Sachin
and Others V/s. State of M.P. and Others) decided on 31.07.2023
and the order dated 26.04.2022 passed in W.P. No.6159/2022
(Pradeep Kumar Yadav V/s. State of M.P. & Others).
3. Learned counsel for the respondents has submitted that in case
such an application is filed by the petitioners then the same shall be
considered in accordance with law.
4. Thus in view of the aforesaid, it is directed that in case the
petitioners make an application before the respondents in respect of the
grievances as raised by them in this petition, then the said application
shall be considered and decided by the Commissioner, Department of
Higher Education, Bhopal, respondent No.2 in accordance with law and
by taking into consideration the judgments rendered in the case of Dr.
Sachin & Others (supra) and Pradeep Kumar Yadav (supra). The
said decision be taken within a period of three months from the date of
filing of the application by the petitioners.
5. With the aforesaid, without expressing any opinion on merits, the
petition stands disposed off.
(PRANAY VERMA)
JUDGE
ns
