Madhya Pradesh High Court

WP/9815/2020 of CHHAYA MUVEL Vs HIGHER EDUCATION DEPARTMENT 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 PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE PRANAY VERMA

ON THE 2[nd] OF FEBRUARY, 2024

WRIT PETITION No. 9815 of 2020

BETWEEN:-

CHHAYA MUVEL D/O CHOTU SINGH MUVEL,AGED ABOUT 30 YEARS, OCCUPATION: NILAGED ABOUT 30 YEARS, OCCUPATION: NIL1.VILLAGE RAJUKHEDI TEHSIL MANAWAR(MADHYA PRADESH)VILLAGE RAJUKHEDI TEHSIL MANAWAR(MADHYA PRADESH)

KAMLESH GUTHARIYA S/O SHRI RATAN SINGHGUTHARIYA, AGED ABOUT 31 YEARS,GUTHARIYA, AGED ABOUT 31 YEARS,2.OCCUPATION: GUEST FACULTY 8/69 PIPLIYARAO. INDORE (MADHYA PRADESH)OCCUPATION: GUEST FACULTY 8/69 PIPLIYARAO. INDORE (MADHYA PRADESH)

SANGEETA SOLANKI S/O SHRI SITARAMSOLANKI, AGED ABOUT 29 YEARS, 64 ABHINASOLANKI, AGED ABOUT 29 YEARS, 64 ABHINA3.NAGAR. CHITAWAD DIST. INDORE (MADHYAPRADESH)NAGAR. CHITAWAD DIST. INDORE (MADHYAPRADESH)

.....PETITIONERS

(BY SHRI AKASH SHARMA - ADVOCATE)

AND

HIGHER EDUCATION DEPARTMENT PRINCIPAL1.SECRETARY SATPUDA BHAWAN BHOPAL(MADHYA PRADESH)(MADHYA PRADESH)

COMMISSIONERHIGHEREDUCATION

2.DEPARTMENT SATPURA BHAWAN. BHOPAL(MADHYA PRADESH)(MADHYA PRADESH)

ADDITIONAL DIRECTOR. HIGHER EDUCATION3.DEPARTMENT INDORE DIVISIN. MOTI TABELA.INDORE (MADHYA PRADESH)INDORE (MADHYA PRADESH)

.....RESPONDENTS

( BY SHRI ANENDRA SINGH PARIHAR – PANEL LAWYER)

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

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ORDER

1. By this petition the petitioners have 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.impugned 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.(Ann. P/3) issued by the respondents No.2.

(3) To direct the respondents to allow the petitioner to participate in the selection process for the appointment ofguest faculty in pursuance to schedule dated 30.06.2020.guest 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.the 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.”this Hon'ble court things fit & proper seeing the facts andcircumstances of the case.”

2. Learned counsel for the petitioners submits that the petitionersmay be permitted to submit a fresh application before the respondentswho may be directed to determine whether the petitioners are fulfillingthe eligibility criteria in terms of the U.G.C. Norms. If they are found tobe fulfilling the eligibility criteria then they may be considered forappointment to the post of guest faculty in question and in case they arenot fulfilling the eligibility criteria they may not be considered.Reliance has been placed on the decision of Division Bench of thisCourt at Principal Seat, Jabalpur in W.P. No.17228/2023 (Dr. Sachinand Others V/s. State of M.P. and Others) decided on 31.07.2023

and the order dated 26.04.2022 passed in W.P. No.6159/2022(Pradeep Kumar Yadav V/s. State of M.P. & Others).

3. Learned counsel for the respondents has submitted that in casesuch an application is filed by the petitioners then the same shall beconsidered in accordance with law.

4. Thus in view of the aforesaid, it is directed that in case thepetitioners make 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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