CHHAYA MUVEL v. HIGHER EDUCATION DEPARTMENT
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-02. CHHAYA MUVEL v. HIGHER EDUCATION DEPARTMENT. Read the judgment and case details on LawSphereX.
Judgment text
1 IN THE HIGH COURT OF MADHYA PRADESH AT I N D O R E BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA nd ON THE 2 OF FEBRUARY, 2024 WRIT PETITION No. 9815 of 2020 BETWEEN:- CHHAYA MUVEL D/O CHOTU SINGH MUVEL, AGED ABOUT 30 YEARS, OCCUPATION: NIL 1. VILLAGE RAJUKHEDI TEHSIL MANAWAR (MADHYA PRADESH) KAMLESH GUTHARIYA S/O SHRI RATAN SINGH GUTHARIYA, AGED ABOUT 31 YEARS, 2. OCCUPATION: GUEST FACULTY 8/69 PIPLIYA RAO. INDORE (MADHYA PRADESH) SANGEETA SOLANKI S/O SHRI SITARAM SOLANKI, AGED ABOUT 29 YEARS, 64 ABHINA 3. NAGAR. CHITAWAD DIST. INDORE (MADHYA PRADESH) ..... PETITIONERS (BY SHRI AKASH SHARMA - ADVOCATE) AND HIGHER EDUCATION DEPARTMENT PRINCIPAL 1. SECRETARY SATPUDA BHAWAN BHOPAL (MADHYA PRADESH) COMMISSIONER HIGHER EDUCATION 2. DEPARTMENT SATPURA BHAWAN. BHOPAL (MADHYA PRADESH) ADDITIONAL DIRECTOR. HIGHER EDUCATION 3. DEPARTMENT INDORE DIVISIN. MOTI TABELA. INDORE (MADHYA PRADESH) .....
RESPONDENTS ( BY SHRI ANENDRA SINGH PARIHAR – PANEL LAWYER) Signature Not Verified Signed by: SHAILESH Signing time: 03-02-2024 15:00:30 2 This petition coming on for admission this day, the court passed the following: ORDER 1. By this petition the petitioners have prayed for the following reliefs :- “(1) To, allow the writ petition by quashing the impugned notification dated 30. 06. 2020 (Ann. P/2) issued by the respondent No. 2. (2) To, quash the impugned schedule dated 17. 12. 2019 (Ann. P/3) issued by the respondents No. 2. (3) To direct the respondents to allow the petitioner to participate in the selection process for the appointment of guest faculty in pursuance to schedule dated 30. 06. 2020. (4) To, direct the respondent no. 2 to open the link on the portal of higher education to the petitioner or permit the petitioner to apply manually for the academic session of 2020-2021.
(5) To issue an appropriate writ, direction or order, as this Hon'ble court things fit & proper seeing the facts and circumstances of the case. ” 2. Learned counsel for the petitioners submits that the petitioners may be permitted to submit a fresh application before the respondents who may be directed to determine whether the petitioners are fulfilling the eligibility criteria in terms of the U. G. C. Norms. If they are found to be fulfilling the eligibility criteria then they may be considered for appointment to the post of guest faculty in question and in case they are not fulfilling the eligibility criteria they may not be considered. Reliance has been placed on the decision of Division Bench of this Court at Principal Seat, Jabalpur in W. P. No. 17228/2023 (Dr. Sachin and Others V/s. State of M. P. and Others) decided on 31. 07. 2023 Signature Not Verified Signed by: SHAILESH Signing time: 03-02-2024 15:00:30 3 and the order dated 26. 04. 2022 passed in W. P. No.
6159/2022 (Pradeep Kumar Yadav V/s. State of M. P. & Others). 3. Learned counsel for the respondents has submitted that in case such an application is filed by the petitioners then the same shall be considered in accordance with law. 4. Thus in view of the aforesaid, it is directed that in case the petitioners make an application before the respondents in respect of the grievances as raised by them in this petition, then the said application shall be considered and decided by the Commissioner, Department of Higher Education, Bhopal, respondent No. 2 in accordance with law and by taking into consideration the judgments rendered in the case of Dr. Sachin & Others (supra) and Pradeep Kumar Yadav (supra). The said decision be taken within a period of three months from the date of filing of the application by the petitioners. 5. With the aforesaid, without expressing any opinion on merits, the petition stands disposed off.
(PRANAY VERMA) JUDGE ns Signature Not Verified Signed by: SHAILESH Signing time: 03-02-2024 15:00:30
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