OMKANTA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE facts giving arise to this petition are as under:- The petitioner was working as an Assistant Professor (Sanskrit) in Rishishwar Degree College, Phoop, District Bhind. By communication dated 19.05.1995 (Annexure P-2), the Chairman, Governing Body directed the petitioner to take over the charge of Principal of the said College being senior most and most meritorious. After summer vacations, petitioner submitted her joining. However, petitioner was not permitted to sign the attendance register by one Shri S.N. Chaudhary. The petitioner promptly brought this fact to the notice of the Governing Body by communication dated 01.07.1995 (Annexure P-3). By order dated 01.07.1995, the Governing Body, in turn, informed the petitioner that if said Shri Chaudhary is not permitting her to sign on the attendance register, the petitioner should prepare a separate attendance register and sign on it and should get it countersigned by the Chairman.

(2.) THE petitioner, in obedience of the said order prepared a separate register and started signing on it. The copies of the said register is also filed by the petitioner with the writ petition. The petitioner continued the said practice and signing the attendance register. Petitioner again sought same direction as to whether she should continue with the said practice of signing in a separate register. Petitioner's this representation dated 16.05.1996 (Annexure P-8) was replied by Governing Body on same day Annexure P-9 dated 16.05.1996 permitting her to continue with the aforesaid practice. The authority intimated that the attendance register prepared by her would be countersigned by the Chairman, Governing Body. A surprise check was also conducted on the college and it was found that the petitioner was working on the said date i.e. 14.05.1996 (Annexure P-14). Petitioner has filed timetables of the said college (Annexure P-15) (Page 99) to show that the petitioner was assigned work and she was working with the College. The Governing Body put a note against the remark given by said Shri Chaudhari that the petitioner had actually worked from 01.07.1995 to 30.06.1997, she was given the charge of Principal and she even used the seal of the said post. He certified on 05.09.2002 that the petitioner was working and, therefore, her services be treated as continues with yearly increments.

(3.) THE Higher Education Department by order dated 28.05.2004 appointed the petitioner as Principal Rishishwar Degree Colleege, as a Drawing and Disbursing Authority. Different authorities conducted survey of the college and opined by issuing certificates Annexure P-36 and P-37 that the petitioner was found in the College and she is imparting education to the pupil. The petitioner has filed certain letterheads of the college like Annexure P-41 to show that she made correspondence with different authorities in the capacity of Principal. By communication dated 03.04.1997, the Commissioner, Higher Education directed the college on the basis of the enquiry report of the Collector that she be appointed as Incharge Principal being senior to Shri S.N. Chaudhari. The college was directed to provide charge to the petitioner.