NEHA AND OTHERS Vs. VIKRAM UNIVERSITY AND ANOTHER

JUDGEMENT

(1.) The petitioners have filed the present petition being aggrieved by Condition Nos. 19 and 20 incorporated in the application form by the Respondents University.

(2.) The petitioners were engaged as guest faculty in the School of Engineering and Technology, Ujjain (SoET) under the Vikram University. The petitioner No.2 while working on the post of guest faculty made a complaint to the Respondent No.1 against the Deputy Director of Respondent No.2. According to the petitioner other faculties of Respondent No.2 were also aggrieved by the behaviour of the higher faculties of Respondent No.2 and collectively made a complaint to the Respondent No.1 but no heed was given by the Respondent No.1 on these complaints. On the contrary the Respondent No.1 has now issued an advertisement inviting applications for the post of guest faculty for the year 2017-18 with an additional Condition Nos.19 and 20 in respect of declaration about involvement in any type of agitation/campaigning/demonstration/protest against the administration. According to the petitioners the aforesaid conditions have been intentionally and purposely were incorporated to debar the petitioners to get the appointment on the post of guest faculty. Therefore, the impugned conditions be quashed and the petition be allowed.

(3.) After notice, the Respondents filed the reply refuting the allegations made in the petition. The Respondents have alleged that performance of the petitioners were not satisfactorily and many complaints of the students have been received against them. The advertisement for inviting guest faculty is a regular activities in every academic session. There are approximately 40 guest faculty members are teaching during one academic session in different faculties and there is no violation of any fundamental and statutory right of the petitioner. Therefore, no mandamus can be issued under Article 226 of the Constitution of India.