YOGENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has approached this court being aggrieved by an advertisement dtd. 20/12/2021 (Annexure P/5) issued by Government Shyam Sunder Agrawal P.G. College, Sihora District Jabalpur inviting applications for appointment on the post of Guest Faculty in Yoga subject under self financing scheme for the academic year 2021-2022.

(2.) The case of the petitioner is that pursuant to the order of appointment dtd. 20/7/2017 (Annexure P/2) he is working on the post of Guest Faculty in respondent No.3 College w.e.f 1/8/2017. He placed reliance on various certificates cumulatively marked as Annexure P/3 to demonstrate that he is continuously discharging his duties without there being any complaint and, therefore, the respondents/authorities have committed illegality in issuing an advertisement Annexure P/5. It is stated that if said appointment takes place then his right would be adversely affected. He further states that under similar circumstances, this court has entertained petitions and directed the Government to continue Guest Faculty teachers till regular appointments are made by the Government.

(3.) There is no dispute that where legally appointed Guest Teachers were sought to be replaced by new appointees, this court has entertained various petitions and interim orders have been passed. However, in the present case, an issue that arise for consideration is whether the petitioner can be said to be a legally appointed Guest Faculty ?