REENA SONI Vs. DEPARTMENT OF TECHNICAL

JUDGEMENT

(1.) After hearing learned counsel for the parties on merit for some time, it is noticed that WP No.8947/2016 involving the same issue in respect of the guest faculty is pending before the Division Bench at Principal Seat and by order dated 26.9.2017 all the matters pending before the Indore and Gwalior Bench have been transferred to the Principal Seat.

(2.) In this view of the matter, counsel for the parties are directed to obtain instructions in respect of the current status of WP No.8947/2016.

(3.) Learned counsel for the petitioner pressing for the interim relief submits that in the identical circumstances the Principal Seat has granted interim relief of rejoining to similarly situated person. He has also submitted that the petitioner was initially appointed as Lecturer on contract basis and thereafter she has been continued as Assistant Professor on contract and the impugned advertisement (Annexure P/8) was again for the contract appointment for the academic year 2019-20 for the same post of Assistant Professor (Pharmacy) and that a contract appointee cannot be replaced by another contract appointee and in similar circumstances the Government had issued the policy dated 12.7.2019 in respect of Guest Faculty to continue them and the issue is covered in favour of the petitioner by the order of the Division Bench dated 5.2.2018 passed in WA No.418/2017. He has also submitted that the petitioner had not participated in the selection process in pursuance to the impugned advertisement, therefore, the issue of estoppel does not arise.