Madhya Pradesh High Court
Ishwari Mukati vs State Of M.P. Through Department Of ... 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. 12511 of 2020
BETWEEN:-
ISHWARI MUKATI D/O SUKHDEV MUKATI, AGED
ABOUT 34 YEARS, OCCUPATION: GUEST FACULTY
FLAT NO. 403J BLOCK, LABHAM RESIDENCY
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AKASH SHARMA - ADVOCATE)
AND
STATE OF M.P. THROUGH DEPARTMENT OF
HIGHER EDUCATION PRINCIPAL SECRETARY
1.
SATPURA BHAWAN, BHOPAL (MADHYA
PRADESH)
COMMISSIONER HIGHER EDUCATION
2. DEPARTMENT SATPURA BHAWAN, BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWER)
This petition coming on for admission this day, the court passed
the following:
ORDER
1. By this petition the petitioner has 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 petitioner submits that the petitioner may
be permitted to submit a fresh application before the respondents who
may be directed to determine whether the petitioner is fulfilling the
eligibility criteria in terms of the U.G.C. Norms. If he is found to be
fulfilling the eligibility criteria then he may be considered for
appointment to the post of guest faculty in question and in case he is not
fulfilling the eligibility criteria he 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 petitioner then the same shall be
considered in accordance with law.
4. Thus in view of the aforesaid, it is directed that in case the
petitioner makes 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
