Madhya Pradesh High Court
WP/11869/2020 of PRAGYA PATIDAR Vs THE STATE OF MADHYA PRADESH STATION on 2 February 2024
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. 11869 of 2020
BETWEEN:-
PRAGYA PATIDAR W/O ANUPAM CHOUHAN, AGED1.ABOUT 30 YEARS, OCCUPATION: NIL 77, PRABHUNAGAR (MADHYA PRADESH)NAGAR (MADHYA PRADESH)
AMOD SHARMA S/O SHRI PRAMOD SHARMA, AGED2.ABOUT 34 YEARS, OCCUPATION: NIL 16, PANDIRDENDHAYAL NAGAR (MADHYA PRADESH)DHARMENDRA SINGH CHOUCHAN S/O SHRI SAJJANCHOUCHAN, AGED ABOUT 32 YEARS, OCCUPATION:DENDHAYAL NAGAR (MADHYA PRADESH)DHARMENDRA SINGH CHOUCHAN S/O SHRI SAJJANCHOUCHAN, AGED ABOUT 32 YEARS, OCCUPATION:3.NIL H NO. 17, MAINROAD GRAM RAIAYTA GAUTAMPURA (MADHYA PRADESH)NIL H NO. 17, MAINROAD GRAM RAIAYTA GAUTAMPURA (MADHYA PRADESH)
VIJAY WASKLE S/O SHRI BHAVRAO WASKLE, AGEDABOUT 36 YEARS, OCCUPATION: GUEST FACULTYABOUT 36 YEARS, OCCUPATION: GUEST FACULTY4.(JAN BHAGEDARI) 194, GANESH NAGAR, INDORE(MADHYA PRADESH)(JAN BHAGEDARI) 194, GANESH NAGAR, INDORE(MADHYA PRADESH)
SANDEEP TAAK S/O SHRI SHYAMLAL TANK, AGEDABOUT 37 YEARS, OCCUPATION: GUEST FACULTYABOUT 37 YEARS, OCCUPATION: GUEST FACULTY5.(JAN BHAGEDARI) 2949, MOHAN MARG, MHOW(MADHYA PRADESH)(JAN BHAGEDARI) 2949, MOHAN MARG, MHOW(MADHYA PRADESH)
VIRENDRA SINGH CHOKHARE S/O SHRIRAMESHWAR CHOKHARE, AGED ABOUT 35 YEARS,RAMESHWAR CHOKHARE, AGED ABOUT 35 YEARS,6.OCCUPATION: GUEST FACULTY (JAN BHAGEDARI)13, JAY PRAKASH MARG (MADHYA PRADESH)OCCUPATION: GUEST FACULTY (JAN BHAGEDARI)13, JAY PRAKASH MARG (MADHYA PRADESH)
SUDAN SINGH S/O SHRI DAULAT SINGH, AGEDABOUT 38 YEARS, OCCUPATION: GUEST FACULTYABOUT 38 YEARS, OCCUPATION: GUEST FACULTY7.(JAN BHAGEDARI) GULMOHAR KA BAGECHA, A.B.ROAD, INDORE (MADHYA PRADESH)(JAN BHAGEDARI) GULMOHAR KA BAGECHA, A.B.ROAD, INDORE (MADHYA PRADESH)
8.SOHAN GURJAR S/O SHRI JAYARAM GURJAR, AGEDABOUT 35 YEARS, OCCUPATION: GUEST FACULTY(JAN BHAGEDARI) 815, KHANDWA NAKA. DIST.ABOUT 35 YEARS, OCCUPATION: GUEST FACULTY(JAN BHAGEDARI) 815, KHANDWA NAKA. DIST.
INDORE (MADHYA PRADESH)
SONU VERMA S/O JITENDRA VERMA, AGED ABOUT37 YEARS, B/672 SILICON, CITY RAU. DIST. INDORE9.(MADHYA PRADESH)
DAYARAM MUJALDA S/O SHRI KESHAR SINGH,10.AGED ABOUT 37 YEARS, GRAM THANA POSTLOHARI,DIST. INDORE (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI AKASH SHARMA - ADVOCATE)
AND
1.THE STATE OF MADHYA PRADESH STATION (MADHYA PRADESH)
2.[COMMISSIONER HIGHER EDUCATION DEPARTMENT SATPURA]BHAWAN BHOPAL (MADHYA PRADESH)BHAWAN BHOPAL (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 following reliefs :- “(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 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 31.07.2023and 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