Petitioner challenged appointment of new Guest Lecturers, seeking protection against replacement due to unsatisfied older appointments despite pending regular recruitment.
Respondents restrained from fresh recruitment for said subject unless Petitioner's performance is found unsatisfactory via ACR.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 3642 of 2020
---- Petitioner
Versus
For Petitioner : Mr. Anupam Sharma, Advocate For State : Ms. Richa Shukla, Dy. G.A.
Hon'ble Shri Justice Goutam Bhaduri
Order
16.09.2020
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specifically had a clause mentioning that the appointment so made are till an alternative arrangement is made by way of regular recruitment/contractual/transfer.
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in the case of Dr. Chanchal Goyal (supra), this Court has no hesitation in reaching to the conclusion that the advertisement (Annexure P-1) so issued by the Respondents is definitely not in the interest of the students undertaking training at Industrial Training Institute, Ambikapur, and the same would amount to violation of Article 21 of the Constitution of India and the same therefore deserves to be and is accordingly quashed. The advertisement would be deemed to be quashed only to the extent of the recruitment against the posts at which the Petitioners are discharging. That is to say, the Respondents would be entitled to fill up the posts which are lying vacant by way of Guest Lecturers where there are no Guest Lecturers available.
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set of Guest Lecturers unless the services are unsatisfactory which could be determined on the basis of the ACR of the petitioner.
(Goutam Bhaduri) Judge
Raju
2 issues framed by the court
Whether a Guest Lecturer seeking protection against replacement by fresh recruits on the same post has a valid cause of action while apprehending such recruitment.
Whether the principle of legitimate expectation applies to Guest Lecturers against arbitrary disposal from their posts during a specific academic session.
Colour shows how this judgement treated each authority
Manju Gupta & others v. State of Chhattisgarh & othersRelied on¶18
Manju Gupta & others v. State of Chhattisgarh & others WPS No. 4406/2016
Piara SinghExplained¶26
Piara Singh (supra)
Dr. Chanchal GoyalExplained¶26
Dr. Chanchal Goyal (supra)
Padma Khunte
State Of Chhattisgarh Through Its Secretary, Higher Education Department
Additional Director Directorate Of Higher Education Department
Government Nehru Pg Collage
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
