Mohan Krishna Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Mohan Krishna Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the order in WPS No.4034/2024 and other connected matters; petitioner protected against replacement by a similar set of Guest Lecturers having similar qualification; appointments permitted strictly per the minimum qualifications in the Regulation of 2018 and the Policy of 2024; all pending applications disposed of.

Issue for consideration

Whether the advertisement dated 12/07/2024 issued by respondent No.3 for fresh recruitment to the post of Guest Lecturer/Assistant Professor/Professor, whereby the petitioner (a serving Guest Faculty in Economics) was sought to be replaced, is sustainable.

Court's answer

This writ petition is disposed of in terms of the order passed by this Court in WPS No.4034/2024 and other connected matters.

Ratio / Principle

Adopting the terms of WPS No.4034/2024: the State Government may appoint Guest Lecturers strictly in accordance with the minimum qualification as prescribed in the Regulation of 2018 and also in the Policy of 2024.

Key takeaways

It is made clear that the petitioners shall not be replaced by a similar set of Guest Lecturers having similar qualification as the petitioners are having.ratio¶21
All pending applications are disposed of.ratio¶23

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Sachin Singh Rajput, J., 06/09/2024) disposed of a writ petition by a Guest Faculty (Economics) at Government S.V.N.S. College, Bilaigarh, challenging the advertisement dated 12/07/2024 issued by respondent No.3 (the Principal) for fresh recruitment to the posts of Guest Lecturer/Assistant Professor/Professor, which would have replaced him. Since the identical issue stood decided in WPS No.4034/2024 and other connected matters, the Court disposed of this petition in the same terms: the State may appoint Guest Lecturers strictly in accordance with the minimum qualifications prescribed in the Regulation of 2018 and the Policy of 2024, but existing Guest Faculty shall not be replaced by a similar set of Guest Lecturers having similar qualifications. All pending applications were also disposed of. Marked NAFR.

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2024:CGHC:34765

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5508 of 2024

1 - Mohan Krishna Sahu S/o Shri Bhuneshwar Prasad Sahu, Aged About 28 Years Occupation Guest Faculty (Economics) At Government S.V. N. S. College, Bilaigarh, District- Sarangarh-Bilaigarh (C.G.)

... Petitioners

versus

1 - State Of Chhattisgarh Through Its Secretary Higher Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.)

2 - Additional Director, Directorate Of Higher Education Department, Atal Nagar, Raipur (C.G.)

3 - Principal, Government S.V.N.S. College, Bilaigarh, District Sarangarh-Bilaigarh (C.G.)

... Respondents For Petitioners : Mr. Danish A. Siddiqui, Advocate For Respondent/State : Mr. Kalpesh Ruparel, PL

Hon’ble Shri Justice Sachin Singh Rajput

Order on Board

06/09/2024

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This petition has been filed by the petitioner challenging the advertisement dated 12/07/2024 (Annexure P/1) issued by respondent No.3 for fresh recruitment on the post of Guest Lecturer/Assistant Professor/Professor by replacing the petitioner.

Learned counsel for the parties submit that the issue involved in this writ petition has already been decided by this Court in WPS No.4034/2024 and other connected matters. Therefore, it is prayed that this writ petition may also be disposed of in terms of WPS No.4034/2024.

Relevant paragraph of WPS No.4034/2024 and other connected matters is quoted herein below -

“ As a fallout of the above discussion, this Court is thus inclined to dispose of these petitions in the following terms:-

The State Government would be at liberty to appoint the Guest Lecturers strictly in accordance with the minimum qualification as prescribed in the Regulation of 2018 and also in the Policy of 2024. However it is also made clear that the petitioners shall not be replaced by similar set of Guest Lecturer having similar qualification as the petitioners are having.”

Accordingly, this petition is disposed of in terms of order passed by this Court in WPS No.4034/2024 and other connected matters.

Consequently, all pending applications are disposed of.

Sd/-

(Sachin Singh Rajput)

JUDGE

Pawan