Disposed¶25

Ku. Reetu Sahu v. State of Chhattisgarh

Chhattisgarh HC10 Sept 2024WPS/5606/2024

Case brief

AI extract

What is this about?

Guest faculty replacement; fresh recruitment advertisement 15/07/2024 (Annexure P/1); Guest Lecturer/Assistant Professor/Professor posts; minimum qualification; Regulation of 2018; Policy of 2024; disposal in terms of WPS No.4034/2024 and connected matters; Satyanarayan Agrawal/Agrawan Government Art and Commerce College, Kohka-Nevra, Raipur; Directorate of Higher Education Chhattisgarh; petitioner Ku. Reetu Sahu; counsel Ms. Nidhi Yadav and Mr. Kalpesh Ruparel (Panel Lawyer); Judge Sachin Singh Rajput; NAFR.

What did the court decide?

Petition disposed of in terms of the order in WPS No.4034/2024 and other connected matters: the State may fill the advertised posts per the Regulation of 2018 / Policy of 2024 minimum qualifications, but the petitioner is protected from replacement by similarly qualified Guest Lecturers. ¶25

Ku. Reetu Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, an incumbent Guest Faculty (Political Science), could be replaced through respondent No.3's advertisement dated 15/07/2024 for fresh recruitment to the posts of Guest Lecturer/Assistant Professor/Professor. +1 more

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Court's answer

Per the operative terms of WPS No.4034/2024 adopted for this disposal, the State Government is at liberty to appoint Guest Lecturers strictly in accordance with the minimum qualifications prescribed in the Regulation of 2018 and the Policy of 2024.

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Ratio / Principle

Since the issue raised in this petition had already been decided by this Court in WPS No.4034/2024 and other connected matters, the present petition is disposed of in terms of the order passed therein.

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Key takeaways

Per the operative terms of WPS No.4034/2024 adopted for this disposal, the petitioner shall not be replaced by a similar set of Guest Lecturers having similar qualifications to those of the petitioner.ratio¶24

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur, WPS No. 5606 of 2024, decided 11/09/2024 (Sachin Singh Rajput, J.). A serving Guest Faculty (Political Science) at a government college challenged respondent No.3's advertisement dated 15/07/2024 (Annexure P/1) inviting fresh recruitment to the posts of Guest Lecturer/Assistant Professor/Professor, by which she was to be replaced. Counsel for the parties jointly submitted that the issue stood already decided in WPS No.4034/2024 and other connected matters. The Court disposed of the petition in terms of that order: the State Government remains at liberty to appoint Guest Lecturers strictly per the minimum qualifications in the Regulation of 2018 and the Policy of 2024, but the petitioner is not to be replaced by a similar set of Guest Lecturers possessing similar qualifications.

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2024:CGHC:35516

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5606 of 2024

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1 - Ku. Reetu Sahu D/o Narsing Sahu, Aged About 28 Years Occupation Guest Faculty (Political Science), At Satyanarayan Agrawal Government Art And Commerce College, Kohka-Nevra, District- Raipur (C.G.)

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... Petitioners

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versus

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

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

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3 - Principal, Satyanarayan Agrawan Government Art And Commerce College, KohkaNevra, District-Raipur (C.G.)

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... Respondents

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For Petitioners : Ms. Nidhi Yadav, Advocate For Respondent : Mr. Kalpesh Ruparel, Panel Lawyer

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({Hon’ble Shri Justice Sachin Singh Rajput})

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Order on Board

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11/09/2024

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This petition has been filed by the petitioner challenging the advertisement dated

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15/07/2024 (Annexure P/1) issued by respondent No.3 for fresh recruitment on the

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post of Guest Lecturer/Assistant Professor/Professor by replacing the petitioner.

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2. 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.

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

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

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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.”

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

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Sd/-

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({Sachin Singh Rajput}) JUDGE

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Abhigya.S

Ku. Reetu Sahu v. State of Chhattisgarh

Case brief

What is this about?

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Ku. Reetu Sahu v. State of Chhattisgarh

Case brief

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