Madhya Pradesh High Court
Brijbihari Yadav vs The State Of Madhya Pradesh on 4 October, 2024
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2024:MPHC-JBP:51941
1 WP-29184-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 4 th OF OCTOBER, 2024
WRIT PETITION No. 29184 of 2024
BRIJBIHARI YADAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dharmendra Patel - Advocate for petitioner.
Shri Prabhanshu Shukla - Government Advocate for respondents/State.
ORDER
This petition has been filed challenging the order dated 02.09.2024
(Annexure P/1) passed by the respondent No.2 whereby the charge of In-
charge Principal of Government Higher Secondary School, Badagaon has
been withdrawn from the petitioner and has been handed over to the
respondent No.3.
2. It is case of the petitioner that he is posted at Higher Secondary School
Badagaon and second senior most Ucchatar Madhyamik Shikshak in the
school, whereas the respondent No.3 is junior most teacher in the school. As
there was no regular Principal posted at the school, therefore, earlier senior
most teacher Shri Rajiv Jain was handed over charge of Incharge Principal
and subsequently owing to certain complaints against him, the charge was
withdrawn and it has been handed over to the petitioner. The respondent
No.3 who is Incharge of CM Helpline has made certain fake complaints
NEUTRAL CITATION NO. 2024:MPHC-JBP:51941
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against the petitioner, owing to which, the charge of Principal has been
withdrawn from the petitioner and has been handed over to the respondent
No.3 a junior to the petitioner. It is argued that the order impugned is illegal
and arbitrary as the respondent No.3 who is a junior has been given a charge
of Principal in place of petitioner who is more eligible than the respondent
No.3. On these grounds, the present petition has been filed.
3. Learned counsel appearing for the State has opposed the contentions
contending that the petitioner who was holding the post of In-charge
Principal is having no indefeasible right to hold the post in question. Placing
reliance upon the judgment passed by the Hon'ble Supreme Court in the
cases of State of Haryana vs. S.M. Sharma and others reported in AIR 1993
SC 2273; Dr. V.B. Baghel vs. State of M.P. and others reported in 2016 (3)
MPLJ 152 and the order dated 31.10.2022 passed by this Court in
W.P.No.23225 of 2022 (Smt. Dulari Mongare vs. State of M.P. and others) ,
he has prayed for dismissal of the writ petition.
4. Heard the learned counsel for the parties and perused the record.
5. The law with respect to holding of an additional charge is settled by the
Hon'ble Supreme Court in the cases of S.M. Sharma (supra) and Dr. V.B.
Baghel (supra). The issue in the writ petition was considered by the
coordinate Bench of this Court in the case of Smt. Dulari Mongare (supra)
wherein the Court has held as under:-
"It is clear that the petitioner does not have any legal, statutory, vested
or fundamental right to occupy the post of Warden on additional charge
basis.''
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6. In view of the settled legal proposition of law, the petitioner is having
no indefeasible right to hold the charge of a particular post. There are
complaints against the petitioner as is reflected from the impugned order.
Under these circumstances, the authorities were having every right to
withdraw the charge from the petitioner. Hence, no relief can be extended to
the petitioner.
7. The writ petition sans merit and is accordingly dismissed. No order as to
costs.
(VISHAL MISHRA)
JUDGE
sj
