Allowed

Smt. Menkajaiswal v. State of Chhattisgarh

Chhattisgarh HC22 Sept 2021WPS/5056/2021

Case brief

AI extract

What is this about?

Petitioner challenged replacement appointment of Guest Lecturers. Court held that without a complaint of unsatisfactory performance, respondents are restrained from fresh recruitment for the session, relying on Manju Gupta, while allowing regular or contractual filling of sanctioned vacancies.

What did the court decide?

Respondents restrained from fresh recruitment of Guest Lecturer for the respective subject against the petitioner unless there is a complaint of unsatisfactory performance.

Smt. Menkajaiswal Vs State of Chhattisgarh — Public Procurement and Tenders | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 5056 of 2021

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1. Smt. Menkajaiswal H/o Pradeep Jaiswal Aged About 37 Years R/o Village Near Kishan Rice Mil Baloda Bazar Road Nagar Panchayat Pallari, Tahsil, Post And Police Station Pallari, District- Baloda Bazar- Bhatapara (C.G.), District : Balodabazar-Bhathapara, Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh Through The Principal, Secretary, Higher Education Department, Mantralaya, Indiravati Bhawan, New Raipur, District- Raipur (C.G.), District : Raipur, Chhattisgarh

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2. Commissioner Higher Education, Block C-3, 2nd Floor, Indiravati Bhawan, New Raipur District- Raipur (C.G.), District : Raipur, Chhattisgarh

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3. Principal Govt. Brijlal Verma College Pallari, District- Baloda Bazar-Bhatapara (C.G.), District : Balodabazar-Bhathapara, Chhattisgarh

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---- Respondents

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For Petitioner : None For State : Ms. Binu Sharma, P.L.

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Hon'ble Shri Justice P. Sam Koshy Order On Board

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22.09.2021

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1. The grievance of the petitioner in the present writ petition is that since the petitioner was working as Guest Lecturer under the respondent No.3 for the academic year 2020-21 and the academic session is over, the respondents should not be permitted to replace the petitioner by another set of contractual Guest Lecturers.

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2. The contention of the petitioner is that the petitioner has undergone a due process of selection for being appointed as a Guest Lecturer and that the services of the petitioner also were satisfactory as there is no

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complaint whatsoever, so far as the competency of the petitioner is concerned. It is further contention of the petitioner that now that the academic session is over, the respondents should not be permitted to go in for a fresh recruitment process for filling up of the posts of Guest Lecturers under the respondent No.3 for the respective subject, in which the petitioner was taking classes.

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3. Counsel for the petitioner relies upon the judgment of this Court passed in the case of “Manju Gupta & others v. State of Chhattisgarh & others” WPS No. 4406/2016 , decided on 27.02.2017, whereby the similarly placed Guest Lecturers under the Director (Industrial Training Institute) have been granted protection from being replaced by another set of Guest Lecturers.

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4. The State counsel opposing the petition submits that it is a case where no cause of action has till date arisen, in as much as the petitioner has filed the writ petition only on apprehension and since there is no cause of action, the matter is premature and deserves to be rejected.

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5. Having heard the contentions put forth on either side and on perusal of record, what is admitted, is that the petitioner was appointed vide Annexure P/3. The order of appointment specifically had a clause mentioning that the appointment so made is till an alternative arrangement is made by way of recruitment through regular/ contractual/ transfer.

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6. Further from the records, it also does not appear that the performance of the petitioner, at any point of time, was found to be unsatisfactory. In

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the case of “ Manju Gupta ” (supra), this Court in paragraphs No. 8 to 11 has held as under:-

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“8. True it is, that the Petitioners' status is that of a Guest Lecturer but that does not mean that they do not have any right. There is always a legitimate expectation of the Petitioners that since the filling up of the posts has not been initiated by way of a regular appointment or by contractual appointments, the Petitioners would be permitted to continue.

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The undisputed fact is that the Petitioners were given appointment only on undertaking given by them pursuant to an advertisement by the Respondents. In the undertaking which was made to be furnished by the Petitioners, they were made to undertake that their appointment would be till the posts are filled up by regular/contractual appointment. This by itself clearly gives an indication that unless the Respondents fill up the sanctioned vacant posts by either regular recruitment or by way of contractual appointment, the Petitioners would continue as Guest Lecturers. On the practical aspect also the fact that the Petitioners are discharging the duties of Guest Lecturers for last more than 1-2 years, itself is a good ground for permitting the Petitioners to continue on the said posts as Guest Lecturers, simply for the reason of their experience on the said post, as fresh recruitment would mean that persons with no or less experience would be participating in the recruitment process, which also would not be in the interest of the students who are undertaking training in the respective institutions.

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Taking into consideration the decision of the Supreme Court in the case of Piara Singh (supra) and which has been further reiterated 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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It is directed that the Respondents would not be entitled for filling up the posts of Guest Lecturer by replacing the Petitioners unless the Respondents come up with a stand that the services of the Petitioners were dis-satisfactory. The qaushment of the advertisement issued by the Respondents would also not come in the way of the Respondents for filling up of the sanctioned vacant posts by regular recruitment or by way of contractual appointment for which the Respondents shall be free.”

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7. This Court, under the given circumstances, is inclined to accept the same analogy in the case of the petitioner also and accordingly it is ordered that unless there is any complaint received against the performance of the petitioner, the respondents are restrained from going for any fresh recruitment of a Guest Lecturer for the respective subject under the respondent No.3-college, against which the petitioner was engaged.

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8. It is however made clear that the protection to the petitioner would be only to the extent of not being replaced by another set of Guest Lecturer. This would not preclude the State Government from going for filling up of the post by way of a regular appointment or by way of engaging contractual Lecturers under the rules for contractual employment.

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9. So far as the claim of remuneration as per the guidelines of the UGC is concerned, it would be open for the petitioner to make a suitable representation before the respondent No.1 in this regard, who in turn would take a policy decision as regards the remuneration part payable to the Guest Lecturers, keeping in view of the guidelines, that have been laid down by the UGC.

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10. With the aforesaid observations, the present writ petition stands disposed off.

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Sd/P. Sam Koshy Judge

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J/-

Smt. Menkajaiswal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Menkajaiswal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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