RAVINDRA KUMAR YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition is filed by the petitioners being aggrieved of order dtd. 09/03/2019 (Annexure-P/6) whereby private respondent No.4-Dr. Ramesh Prasad Shukla was given posting as Director (Sports) at Rani Durgawati Vishwavidyalaya, Jabalpur on deputation. His names appears at serial No.47 in the impugned order (Annexure-P/6).

(2.) Petitioners' contention is that they are working as Professor and Assistant Professor in the Department of Physical Education in RDVV, Jabalpur. The posts are to be filled by the university in terms of the provisions contained in Sec. 18 of the M.P. Vishwavidyalaya Adhiniyam, 1973 (hereinafter referred to as 'the Adhiniyam of 1973'). It is submitted that since the post of Sport Officer will fall in the definition of 'other Officers' provided in Sec. 18 of the Adhiniyam of 1973, therefore, it is to be filled in terms of the provisions contained under Sec. 49(2) of the Adhiniyam of 1973 by constituting a committee as prescribed in the said provision i.e. Sec. 49(2) of the Adhiniyam of 1973. Thus, the order (Annexure-P/6) as far as it relates to private respondent No.6 is bad in law.

(3.) Shri Manas Mani Verma, learned Govt. Advocate, submits that State Government has passed the said order and has posted private respondent to the university which does not suffer from any infirmity.