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2022 Supreme(MP) 482

High Court of Madhya Pradesh
Ravi Malimath, Purushaindra Kumar Kaurav, JJ.
YOGENDRA s/o CHOOTELAL SHRIVASTAVA – APPELLANT
Versus
STATE OF MADHYA PRADESH & ORS. – RESPONDENTS
W. P. No. 1386 of 2022
Decided On : 27-01-2022

The main legal point established is that the petitioner was not legally appointed as a Guest Faculty in Yoga subject, based on the lack of evidence supporting the appointment claimed.

Headnote:

Guest Faculty - Yoga Subject - The court found that the petitioner was not legally appointed as a Guest Faculty in Yoga subject, based on the lack of evidence supporting the appointment claimed by the petitioner. The court also noted that the post of Guest Faculty in Yoga subject was introduced only from the academic year 2021-2022, which further negated the petitioner's claim.

Fact of the Case:

The petitioner challenged an advertisement for the appointment of Guest Faculty in Yoga subject, claiming to be already appointed since 2017. The petitioner argued that the advertisement would adversely affect his rights.

Finding of the Court:

The court found that the petitioner was not legally appointed as a Guest Faculty in Yoga subject and dismissed the petition, as the evidence provided did not support the petitioner's claim.

Issues: The issue was whether the petitioner could be considered a legally appointed Guest Faculty in Yoga subject, and whether the advertisement would affect his rights.

Ratio Decidendi: The court determined that the documents provided by the petitioner did not prove a legal and valid appointment as Guest Faculty, and noted that the post of Guest Faculty in Yoga subject was introduced only from the academic year 2021-2022.

Final Decision: The court dismissed the petition, as the petitioner failed to substantiate his case.

(Heard through Video Conferencing) ORDER PURUSHAINDRA KUMAR KAURAV, J. : – The petitioner has approached this Court being aggrieved by an advertisement dated 20-12-2021 (Annexure P/5) issued by Government Shyam Sunder Agrawal P. G. College, Sihora District Jabalpur inviting applications for appointment on the post of Guest Faculty in Yoga subject under self financing scheme for the academic year 2021-2022.

2. The case of the petitioner is that pursuant to the order of appointment dated 20-7-2017 (Annexure P/2) he is working on the post of Guest Faculty in respondent No. 3 College w.e.f 1-8-2017. He placed reliance on various certificates cumulatively marked as Annexure P/3 to demonstrate that he is continuously discharging his duties without there being any complaint and, therefore, the respondents/authorities have committed illegality in issuing an advertisement Annexure P/5. It is stated that if said appointment takes place then his right would be adversely affected. He further states that under similar circumstances, this Court has entertained petitions and directed the Government to continue Guest Faculty teachers till regular appointments are made by the Government.

3. There is no dispute that where legally appointed Guest Teachers were sought to be replaced by new appointees, this Court has entertained various petitions and interim orders have been passed. However, in the present case, an issue that arise for consideration is whether the petitioner can be said to be a legally appointed Guest Faculty ?

4. We have heard the learned counsel for the parties and perused the record.

5. A perusal of document dated 20-7-2017 (Annexure P/2) clearly shows that the same is not the proof of appointment of the petitioner on the post of Guest Faculty as is being sought to be established by the petitioner. The document Annexure P/2 is only a communication allowing the petitioner to volunteer his services for training/awareness of Yoga to students/officers/ employees and general public between 8.00 A.M. to 9.00 A.M. in the college. The other document relied upon by the petitioner only show that he is being paid vehicle and other allowance for the aforesaid services being rendered by him. None of the documents prove that he was legally and validly appointed as Guest Faculty. Therefore, we find that the petitioner is not entitled for any relief. Moreso, the learned State counsel has specifically states that the post of Guest Faculty in Yoga subject has been introduced only from the academic year 2021-2022, therefore, there was no question for the appointment of the petitioner in the year 2017.

6. Be that as it may. Since the petitioner has not been able to substantiate his case, hence we are not inclined to entertain the present petition. The same is hereby dismissed.

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