Madhya Pradesh High Court

WP/12511/2020 of ISHWARI MUKATI Vs STATE OF M.P. THROUGH DEPARTMENT OF HIGHER EDUCATION on 2 February 2024

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COURT OF MADHYA PRADESH AT I N D O R E BEFORE HON'BLE SHRI JUSTICE

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE PRANAY VERMAON THE 2[nd] OF FEBRUARY, 2024

WRIT PETITION No. 12511 of 2020

BETWEEN:-

ISHWARI MUKATI D/O SUKHDEV MUKATI, AGEDABOUT 34 YEARS, OCCUPATION: GUEST FACULTYFLAT NO. 403J BLOCK, LABHAM RESIDENCY(MADHYA PRADESH)

.....PETITIONER

(BY SHRI AKASH SHARMA - ADVOCATE)

AND

STATE OF M.P. THROUGH DEPARTMENT OFHIGHER EDUCATION PRINCIPAL SECRETARYHIGHER EDUCATION PRINCIPAL SECRETARY1.SATPURA BHAWAN,BHOPAL (MADHYAPRADESH)SATPURA BHAWAN,BHOPAL (MADHYAPRADESH)

COMMISSIONERHIGHEREDUCATION2.DEPARTMENT SATPURA BHAWAN, BHOPAL(MADHYA PRADESH)(MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI ANENDRA SINGH PARIHAR – PANEL LAWER)

This petition coming on for admission this day, the court passed the following:

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ORDER

1. By this petition the petitioner has prayed for the followingreliefs :- “(1)To, allow the writ petition by quashing theimpugned notification dated 30.06.2020 (Ann. P/2) issuedby 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 toparticipate in the selection process for the appointment ofguest faculty in pursuance to schedule dated 30.06.2020.

(4) To, direct the respondent no.2 to open the link onthe portal of higher education to the petitioner or permitthe petitioner to apply manually for the academic sessionof 2020-2021.

(5) To issue an appropriate writ, direction or order, asthis Hon'ble court things fit & proper seeing the facts andcircumstances of the case.”

2. Learned counsel for the petitioner submits that the petitioner may be permitted to submit a fresh application before the respondents whomay be directed to determine whether the petitioner is fulfilling theeligibility criteria in terms of the U.G.C. Norms. If he is found to befulfilling the eligibility criteria then he may be considered forappointment to the post of guest faculty in question and in case he is notfulfilling the eligibility criteria he may not be considered. Reliance hasbeen 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 orderdated 26.04.2022 passed in W.P. No.6159/2022 (Pradeep KumarYadav V/s. State of M.P. & Others).

3. Learned counsel for the respondents has submitted that in casesuch an application is filed by the petitioner then the same shall beconsidered 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 thegrievances as raised by them in this petition, then the said applicationshall be considered and decided by the Commissioner, Department ofHigher Education, Bhopal, respondent No.2 in accordance with law andby taking into consideration the judgments rendered in the case of Dr.

Sachin & Others (supra) and Pradeep Kumar Yadav (supra). Thesaid decision be taken within a period of three months from the date offiling of the application by the petitioners.

5. With the aforesaid, without expressing any opinion on merits, thepetition stands disposed off.

ns

(PRANAY VERMA)

JUDGE

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