BASANT KUMAR CHOURASIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners in the instant writ petition are challenging the constitutional validity of the Rules, namely, The Madhya Pradesh Technical Education Engineering College (Teaching Cadre) Service (Recruitment) Rules, 2004 (for short the "Rules of 2004") as ultra vires to the Constitution. Petitioners have also prayed for declaring the advertisement dtd. 28/1/2005 (Annexure P-7) and 11/2/2005 (Annexure P-8) as void and illegal.

(2.) The facts of the case are that petitioners are holding the post of Reader and Professor in Government Engineering Colleges. According to them, some of the petitioners are having qualification such as M.E, M.Tech, and Ph.D etc. They all have been appointed between 1990 to 1993 on their respective posts.

(3.) The appointments of the petitioners have been made through Public Service Commission (for short "PSC"). Their appointments were made in accordance with the Rules known as Madhya Pradesh Technical Education (Gazetted Service) Recruitment Rules, 1990 (for short the "Rules of 1990"). The post of Principal under the Rules of 1990 is 100% promotional and the eligible Professors are entitled to be promoted to the post of Principal. On 29/5/1997, the State Government has taken a decision to declare all Engineering Colleges as autonomous Society to be registered under the Society Registration Act, 1973 (for short the "Act of 1973"). The said order was published in the Official Gazette on 6/6/1997 (Annexure P-3). It is stated that the State Government in exercise of powers conferred under Sec. 43 of the Act of 1973 has made the Rules of 2004 relating to recruitment and other conditions which are under challenge in the instant petition.