Pragya vs The State Of Madhya Pradesh
2024 Latest Caselaw 4379 MP

Citation : 2024 Latest Caselaw 4379 MP
Judgement Date : 15 February, 2024

Madhya Pradesh High Court

Pragya vs The State Of Madhya Pradesh on 15 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 15 th OF FEBRUARY, 2024
                                           WRIT PETITION No. 2941 of 2024

                          BETWEEN:-
                          PRAGYA D/O SHRI AMAR SINGH, AGED ABOUT 25
                          YEARS, OCCUPATION: GUEST TEACHER R/O VILLAGE
                          PIPARIYA, POST OFFICE RAMLI, TEHSIL KURAI
                          DISTRICT SEONI (MADHYA PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI B.K. VAISHYA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL SECRETARY TECHNICAL EDUCATION
                                AND SKILL DEPARTMENT VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    THE   DIRECTOR     SKILL   DEVELOPMENT
                                DEPARTM ENT NEAR SAI MANDIR NARMADA
                                ROAD JABALPUR DISTRICT JABALPUR (MADHYA
                                PRADESH)

                          3.    JOINT   DIRECTOR REGIONAL OFFICE SKILL
                                DEVELOPMENT DEPARTMENT SAGAR DISTRICT
                                SAGAR (MADHYA PRADESH)

                          4.    THE    PRINCIPAL  GOVT. ITI TENDUKHEDA
                                DISTRICT DAMOH (MADHYA PRADESH)

                          5.    ALL   INDIA  COUNCIL   FOR   TECHNICAL
                                EDUCATION (AICTE) THROUGH ITS CHAIRMAN
                                NELSON MANDELA MARG VASANT KUNJ NEW
                                DELHI

                          6.    MANOJ KUMAR SUREKHIYA TRAINING OFFICER
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 2/20/2024
1:05:06 PM
                                                    2
                                GOVT. ITI TENDUKHEDA DISTRICT DAMOH
                                (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (SHRI B.D. SINGH - DEPUTY ADVOCATE GENERAL FOR RESPONDENTS
                          NO.1 TO 3)

                                This petition coming on for admission this day, Hon'ble Shri Justice
                          Vishal Mishra passed the following:
                                                                ORDER

Challenging the order dated 27.12.2023 whereby the appointment of the petitioner as a guest faculty has been cancelled, the petition has been preferred.

2. It is the case of the petitioner that she was working with utmost devotion and sincerity as a guest faculty in the respondent's department. The petitioner is

having all the essential qualifications for the post in question. Her appointment has been set aside vide order dated 27.12.2023 without assigning any reason and without even providing any opportunity of hearing to her. Learned counsel has placed reliance upon the judgment passed by this court in Writ Petition No.6159 of 2022 and argued that the services of the petitioner could not have been terminated in such a manner. The petitioner has worked as a guest faculty for last several years. Now all of a sudden she has been discontinued and another incumbent respondent No.4 has been appointed in place of the petitioner therefore, the petition has been filed.

3. The record indicates that the petitioner was working as a guest faculty in the department. Vide impugned order dated 27.12.2023 respondent No.6 who is a regular teacher has been appointed and submitted her joining in place of the petitioner. Therefore, it is the case where the petitioner/guest faculty has been replaced by a regular faculty.

4. The law with respect to replacement of a guest faculty has been settled by

the Hon'ble Supreme Court in the case of Saurabh Singh Baghel and others vs State of M.P. and others reported in 2019 (1) MPLJ 643. 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 was held that guest faculty cannot be replaced by another set of guest faculty but in the present case, admittedly, the petitioner has been replaced by regular faculty. Therefore, the aforesaid judgment relied upon by the petitioner which is dealing with replacement of a guest faculty by another set of guest faculty is of no help to the petitioner. Under these circumstances, no relief can be extended to the petitioner.

5. The writ petition sans merit and is accordingly dismissed. No order as to costs.

                                (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                  CHIEF JUSTICE                                           JUDGE
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