SANJEEV KUMAR PARASHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed by the petitioners No.1 and 2, namely, Sanjeev Kumar Parashar and Rajesh Mathur seeking following reliefs:

(2.) Short facts of the case are that the Respondent No.4 is a Government- aided Polytechnic College governed by the provisions of the Madhya Pradesh Ashaskiya Shikshan Sansthan (Anudan Ka Pradaya) Adhiniyam, 1978, with its courses duly approved by the All India Council for Technical Education and affiliated to Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal, and is therefore amenable to the writ jurisdiction of this. Petitioner No.1 was initially appointed on the post of Lab Technician (Computer) on a probationary basis under a Government-aided programme vide appointment order dtd. 26/10/1996 issued by Respondent No.4. Upon satisfactory completion of the probation period, his services were made permanent with effect from 28/10/1997 vide order dtd. 1/2/1998. Thereafter, on the recommendation of the Promotion/Selection Committee, Petitioner No.1 was internally transferred with promotion to the post of Programmer in the Information Technology Department vide order dtd. 4/9/2008 with effect from 8/9/2008, and he continued to discharge his duties diligently without any adverse remark. Petitioner No.2 was also appointed on the post of Lab Technician (Computer) on a probationary basis under a Government-aided programme vide appointment order dtd. 26/10/1996 issued by Respondent No.4. Upon satisfactory completion of the probation period, his services were made permanent with effect from 28/10/1997 vide order dtd. 1/2/1998. Thereafter, on the recommendation of the Promotion/Selection Committee, Petitioner No.2 was internally transferred with promotion to the post of System Manager in the Information Technology Department vide order dtd. 4/9/2008 with effect from 8/9/2008. In addition to his regular duties, Petitioner No.2 was also discharging teaching assignments and had been entrusted with the additional charge of Hostel Warden since 1/6/2015. Pursuant to the approval accorded by the Board of Governors of the respondent/institution, Respondent No.4 vide order dtd. 30/8/2022 directed the merger of intake of the existing Information Technology course with Computer Science and Engineering from the academic session 2020 21, while expressly stipulating that the terms and conditions of appointment of the existing staff would remain unchanged and would continue to be governed by their original appointment orders. Thereafter, in pursuance of the resolution passed by the Board of Governors in its meeting dtd. 9/7/2024, Respondent No.4 issued the impugned orders dtd. 16/7/2024 discontinuing the services of both the petitioners with immediate effect. The impugned orders dtd. 16/7/2024 have been passed on the purported ground that the Information Technology course was a self-financed course not receiving any grant-in-aid from the State Government and that, due to poor admissions and alleged financial losses, the said course was closed pursuant to the resolution of the Board of Governors dtd. 9/7/2024. Being aggrieved by the arbitrary, illegal, and mala fide action of Respondent No.4 in discontinuing their services despite their long, continuous, and unblemished service, the petitioners have approached this Court by way of present writ petition.

(3.) Learned counsel for the petitioners had submitted that the impugned orders dtd. 16/7/2024 (Annexure P/1 and Annexure P/2) were per se illegal, arbitrary, unreasonable, and contrary to the rule of law, as they have been passed mechanically without following the due procedure prescribed under the applicable statutory provisions and service rules governing respondent No.4.