ALKA RAGUNATH Vs. STATE OF M.P.

JUDGEMENT

(1.) The present writ appeal under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the order dtd. 13/9/2023 passed in Writ Petition No. 9240/2020 by the learned Single Judge dismissing the writ petition.

(2.) The brief facts of the case are that the respondent No. 2/University had issued an advertisement dtd. 30/8/2018 inviting applications from eligible candidates for appointment on the post of Assistant Professor / Lecturer as Guest Faculty. After undergoing due process, appellants were appointed on the post of Assistant Professors/Lecturers as Guest Faculty vide order dtd. 3/1/2019 passed by respondent No.2. All the appellants possessed requisite eligibility conditions for appointment on the aforesaid posts as prescribed by the University Grant Commission (UGC). They were appointed as guest faculty against the vacant post of Assistant Professor/Lecturer in different subjects on honorarium basis of Rs.1,500.00 per working day and monthly honorarium minimum 30,000/-. Their engagement was extended from time to time. Thereafter in the year 2020, another advertisement was issued for the post on which the appellants were already working as guest faculty. Appellants had already put in 3 years of engagement. Being aggrieved, appellants filed Writ Petition No. 9240 of 2020 challenging the advertisement dtd. 30/5/2020.

(3.) The contention of the appellants before the learned Single Judge was that they have been selected for the aforementioned posts after undergoing due selection process. They were selected and given appointment and were continuing till issuance of the advertisement in the year 2020. Appellants are not back door entrants. The respondents had issued advertisement in the year 2020 for the posts on which the appellants were working. The contention before the learned Single Judge was that the appellants had already earned experience in teaching therefore, issuance of advertisement is arbitrary, unjust, illegal and liable to be set aside. The appellants are also eligible for salary as per the UGC guidelines. The fresh advertisements intends to replace the adhoc arrangement by another adhoc arrangement without filling the regular vacant post. Therefore, in the facts and circumstances, prayer was made to allow the appellants to continue to work on the post already held by them.