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Madhya Pradesh High Court
Pradeshik Loksewa Mahavidalaya ... vs The State Of Madhya Pradesh on 11 March, 2026
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2026:MPHC-JBP:19272
1 WP-8494-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 11 th OF MARCH, 2026
WRIT PETITION No. 8494 of 2026
PRADESHIK LOKSEWA MAHAVIDALAYA SHIKSHAK MAHASANGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Takmeel Nasir - Advocate for the petitioner.
Ms. Swati Aseem George G.A. appeared for respondent.
ORDER
The case of the Petitioners is that the Petitioner was initially appointed as
Assistant Professor and in view of provisions of M.P. Educational Service
(Collegiate Branch) Recruitment Rules, 1990 as per schedule 1 to the said Rules
as existed till date of amendment on 27.08.2015, he had acquired a right to be
promoted as Professor as the vacancies for Professors till the date of amendment
were unlimited in number.
2. It is contended that a coordinate bench of this Court has also issued
certain directions in the matter in Writ Petition No.36053/2025 in the following
manner:-
"Grievance of the petitioner is that, she is working as an
Associate Professor and she is required to be designated as a
Professor. Similar benefit has been extended to identically
situated employees, vide order dated 05-03-2024, contained
in Annexure-P/3, which has been extended w.e.f. 01-01-
2015. It is contended by the counsel that, however, a few
Assistant Professors/Associate Professors were left over,
whose cases could not be considered and,
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therefore, communication dated 02-12-2024 (Annexure-P/6)
has been sent and a list has been requisitioned in regard to
those Associate Professors/Assistant Professors, who have
not been designated so far.
2. The counsel for petitioner contends that appropriate
directions be issued to the respondents/Authority to
designate the petitioner as well, as a Professor with effect
from the due date, in the light of the communication dated
02-12-2024 (Annexure-P/6).
3. Taking into consideration the aforesaid innocuous
prayer, without expressing any opinion on merits, this writ
petition is disposed of with the direction to respondent No.1,
to take into consideration the representation submitted by
the petitioner vide Annexure-P/5, dated 06-04-2024, within
a period of 60 days from the date of production of certified
copy of this order in the light of the communication dated
02-12-2024 (Annexure-P/6) by passing a well reasoned and
speaking order in accordance with law.
4. It is further directed that, if the petitioner is found entitled
for the relief which she is praying by way of his
representation, and there is no impediment or embargo, the
same would be extended to petitioner within a further period
of 30 days, without compelling her to revisit this Court for
the said purpose.
5. The writ petition stands disposed of accordingly."
3. It is further contended that the State Govt. has already contemplated to
provide Time bound promotion to all left out Assistant Professors to the post of
Professors who had acquired eligibility upto 26.08.2015 and in that regard
Letter Annexure P-6 has already been circulated to all Regional Additional
Directors by the Commissioner, Higher Education and the Coordinate Bench in
Writ Petition No.36053/2025 has directed to finalize the matter.
4. It is further contended that this Court in Writ Petition No.15013/2013 has
also taken note of pre-amended provisions of the Rules of 1990 and in para 14 of
the judgment dated 04.09.2025, has held that the posts of Professors have become
definite to 704 in number now after 27.08.2015 but the Teachers who had
acquired the right to be promoted from a date prior to amendment have rightly
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been promoted even after amendment from retrospective date. Para 14 of the said
Order is as under:-
"14. There was subsequent amendment in the Rules of 1990 in the year
2015 and by way of amendment dated 27/08/2015, the posts of
Professors were made definite to 704 posts and now a quota of direct
recruitment and promotion has been carved out i.e. 25% by direct
recruitment and 75% by promotion. Now the system of promotion
irrespective of number of vacancies has been done away with, but those
teachers who had acquired the right to be promoted from a date prior to
amendment, have rightly been promoted even after the amendment
from retrospective date."
5. It is contended that various other similarly situated Assistant Professors
have been promoted even after amendment from retrospective date and the issue
has been conclusively decided by this Court. Therefore, the Petitioner may also
promoted in similar terms.
6. Considering the aforesaid, by following same ratio, it is directed that the
case of the Petitioner shall be considered as per the unamended Rules as existing
prior to 27.08.2015, provided the Petitioner had earned all the eligibility
requirements upto 26.08.2015.
7. Let consideration be made and necessary consequential Orders be issued
within 90 days from the date of production of certified copy of this Order.
8. In the above terms, the Petitions are disposed off.
(MANINDER S. BHATTI)
JUDGE
Astha
