Madhya Pradesh High Court
Kumari Sarika Chaurasia vs The State Of Madhya Pradesh on 8 February, 2024
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8 th OF FEBRUARY, 2024
WRIT PETITION No. 1237 of 2024
BETWEEN:-
KUMARI SARIKA CHAURASIA D/O SHRI BHAGWAT
PRASAD CHAURASIA, AGED ABOUT 24 YEARS,
OCCUPATION: GUEST FACULTY COMPUTER OPERATOR
AND PROGRAMMING ASSISTANT IN GOVT
INDUSTRIAL TRAINING INSTITUTE DEORI DISTRICT
RAISEN (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.K. GAUTAM - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY OF TECHNICAL
EDUCATION AND SKILL DEVELOPMENT
DEPARTMENT MANTRALAYA VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. DIRECTOR SKILL DEVELOPMENT NARMADA
ROAD JABALPUR (MADHYA PRADESH)
3. JOINT DIRECTOR SKILL DEVELOPMENT MODEL
I.T.I. PREMISES GOVINDPURA BHOPAL (MADHYA
PRADESH)
4. PRINCIPAL / SUPERINTENDENT GOVT. GOVT.
INDUSTRIAL TRAINING INSTITUE DEORI
DISTRICT RAISEN (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, Hon'ble Shri Justice
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 2/13/2024
6:09:17 PM
2
Vishal Mishra passed the following:
ORDER
The present petition has been filed seeking the following reliefs:
"(i) That, this Hon'ble Court be pleased to issue a writ of certiorari
against the respondent and quash and set aside the impugned order
dt. 08.01.24 passed by respondent no.4 Annexure P/1 and direct the
respondents to permit the petitioner for continue on her post of guest
faculty COPA till regular appointment are made in the light of
W.P.No.6159/22, in the interest of justice.
(ii) Any other relief which deem fit and proper be also granted to the
petitioner."
2. It is the case of the petitioner that she was appointed as a Guest Faculty
computer operator in Government Industrial Training Institute Deori vide order
dated 03.03.2022 for a period of 11 months. Her tenure was completed on
02.02.2023 and thereafter she again appointed on the same post for a further
period of 11 months vide order dated 21.02.2023. She has filed a writ petition
being W.P.No.31431 of 2023 on apprehension of her removal which was
dismissed by this court vide order dated 28.12.2023. Thereafter, vide impugned
order dated 08.01.2024, her services have been terminated on the ground that
her 11 months' tenure is over on 05.01.2024. Placing reliance upon the order
dated 26.04.2022 passed in WP No. 6159 of 2022 (Pradeep Kumar Yadav and
others vs State of Madhya Pradesh and others) whereby this Hon'ble Court has
held that the petitioners be continued as guest faculty teachers until and unless
regular appointment are made, it is prayed that a similar relief be extended to the
petitioner and the petitioner may be directed to continue as guest faculty till
regular appointment is made.
3. The State counsel has vehemently opposed the contention stating that the
law with respect to the Guest Faculty has been settled by the Hon'ble Supreme
Court as well as by the Division Bench of this Court. A detailed order was
passed by the Division Bench of this Court in the case of Pradeep Kumar
Yadav vs State of M.P. and others in WP No. 6159 of 2022 dated 26.04.2022
wherein it is settled that there cannot be any replacement of Guest Faculty by
another set of Guest Faculty. It is not the case of the petitioner that she is being
replaced by another set of Guest Faculty, rather the period for which the
petitioner was engaged as Guest Faculty is over. Therefore, no relief can be
extended to the petitioner.
4. Heard learned counsels for parties and perused the record.
5. The record indicates that the petitioner was inducted as Guest Teacher for
a limited period. It is not the case of replacement of Guest Faculty by another
set of Guest Faculty. Guest Faculties are contractual employees appointed for
academic session. The petitioner cannot claim continuation of services as a
matter of right. She has to show that she has been replaced by another set of
Guest Faculty which is not permissible in view of the judgment passed in the
case of Saurabh Singh Baghel and others vs State of M.P. and others
reported in 2019 (1) MPLJ 643 and in the case of Pradeep Kumar Yadav
(supra) wherein it has been settled that there cannot be any replacement of a
Guest Faculty by another set of a Guest Faculty. As admittedly, there is no
replacement in the matter, no relief can be extended to the petitioner
6. The writ petition sans merit and is hereby dismissed. No order as to costs.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
AM
