DHANJAY SINGH CHANDEL Vs. STATE OF M. P.
HIGH COURT OF MADHYA PRADESH
Dhanjay Singh Chandel
STATE OF M. P.
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Sujoy Paul,J. -
(1.) This intra Court appeal takes exception to the order passed in WP No.9240/2020 dated 13/07/2020.
(2.) The case of appellant in nutshell is that the appellants were selected by a duly constituted committee which after following the proper procedure selected them to be appointed as Guest Faculty Teacher. The appointment order dated 03/01/2019 makes it clear that appointment was in furtherance of decision of a duly constituted committee. Heavy reliance is placed on office Order dated 07/09-03-1999 (Annexure P/4) issued by the University wherein it is noted that as per the meeting of Executive Council dated 15/01/2019, as long as regular appointments are not made, the vacant post may be filled up by appointing guest faculties. The posts are still lying vacant. One set of guest faculty cannot be permitted to be substituted by another set of guest faculty. This action runs contrary to the judgment of Supreme Court reported in ( Ratanlal & Ors. vs. State of Haryana , 1987 AIR(SC) 478) and ( State of Haryana & Ors. vs. Piara Singh & Ors. , 1992 AIR(SC) 2130).
(3.) Shri Brindavan Tiwari, learned counsel for the appellants urged that learned Single Judge has not considered these aspects and dismissed the writ petition solely on the ground that appellants were appointed for a period of one year and University has already initiated the process of recruitment and persons are going to be appointed based upon their merits. It is urged that the learned Single Judge has failed to see that the new advertisement was not for regular recruitment but to recruit the teachers as guest faculty only. This relevant fact has not been considered by learned Single Judge. It is further urged that the respondent/University is bound by University Grants Commission's Notification published in the official gazette called as " UGC Regulations On Minimum Qualifications For Appointment Of Teachers And Other Academic Staff In Universities and Colleges And Measures For The Maintenance of Standards in Higher Education, 2018" (Regulations). The University is under an obligation to recruit the persons as per this Notification. As long as regular selection does not take place, the appellants cannot be substituted by another set of guest teachers.;
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