ORDER :

1. This petition under Article 226 of Constitution of India has been filed against order dated 28-7-2023 passed by respondent No. 1 by which the petitioner has been repatriated from the post of Registrar, Maharaja Chhatrasal Bundelkhand University, Chhatarpur and has been transferred to Government College, Niwas, District Mandla.

2. It is the case of petitioner that he is an employee of Department of Higher Education, Government of Madhya Pradesh. Initially he was appointed as Assistant Professor (Physics) in the department of Higher Education Government of Madhya Pradesh. By order dated 1-1-2006, he was promoted to the post of Professor (Physics). Since, then the petitioner is working on the post of Professor (Physics). He has put in more than 36 years of blotless service to the respondent/ State. The petitioner was posted as Professor (Physics) in Government Maharaja Autonomous Post Graduate College, Chhatarpur. The said college was transferred to Maharaja Chhatrasal Bundelkhand University, Chhatarpur vide order dated 24-9-2021. On account of transfer of the said college to the University, the petitioner was treated to be posted on deputation in Government Maharaja Chhatrasal Bundelkhand University Chhatarpur and in pursuance of order dated 27-9-2021, the services of the petitioner were taken on deputation by Maharaja Chhatarsal Bundelkhand University, Chhatarpur. By order dated 14-3-2023, petitioner was given charge of the post of Registrar of the University which was taken over by him by order dated 15-3-2023. It is the case of petitioner that immediately after taking over the charge of the post of Registrar, he started taking stern action against private colleges which were not complying with the requisite norms for grant of affiliation. It was found that large number of private colleges were running without any building or infrastructure. The action taken by petitioner against private colleges was prominently reported in the local newspapers. On 20-4-2023, an advertisement was issued by the University inviting applications from eligible candidates for appointment to various Class-IV posts. Total 16 posts of Peon/Chowkidar were notified by the said advertisement. The responsibility for conducting selection for appointment on the notified Class-IV posts was handed over to examination controller by order dated 26-5-2023.

3. It is the case of petitioner that he was not associated with the process of selection for appointment to the notified Class-IV posts. However, it appears that some serious irregularities were committed in the process of selection and accordingly, pamphlet was circulated in the University specifying the names of the persons who were likely to be selected for appointment on the said post. On the basis of said pamphlet, a complaint was made to Hon’ble Chancellor alleging commission of serious irregularities in the process of selection and appointment on Class-IV posts. On the basis of said complaint, an explanation was called from petitioner which was submitted by him on 22-6-2023. It was clearly pointed out by petitioner that he was not associated in the selection process and in fact the responsibilities for conducting the selection was handed over to the examination controller. Looking to the serious complaints regarding the process of selection and appointment on Class-IV posts, the Executive Council of the University took a decision to cancel the entire selection and on the basis of decision taken by Executive Council, an order dated 13-7-2023 was issued whereby cancelling the advertisement dated 20-4-2023.

4. It is the case of the petitioner that the persons who were se