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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Ashish Shroti
Archana Jain – Appellant
Versus
State Of Madhya Pradesh – Respondent
Ashish Shroti, J.
1. The petitioner is aggrieved by the order dated 27/02/2025 (Annexure- P/1), whereby respondent no.3 has directed handing over of current charge of the post of Principal of the college to respondent no.5.
2. The facts necessary for decision of this case are that the petitioner is working as Assistant Professor (Economics) in S.S.L. Jain P.G. College, Vidisha (M.P.) which is aided by the State Government. One Dr. (Smt.) Shobha Jain was working as in-charge Principal of this college and was due to retire w.e.f. 28/02/2025. The Rajmata Vijaya Raje Scindia Girls P.G. College, Vidisha is the lead college in respect of S.S.L. Jain P.G. College, Vidisha (M.P.). In view of nearing retirement of Dr. (Smt.) Shobha Jain, respondent no.6 made recommendation for giving charge of the post of the Principal of the college to the petitioner in view of the fact that she is the senior most Assistant Professor in the college. It appears that the petitioner also made application to the State Government for grant of charge of the post of Principal to her. In response, Under Secretary, Higher Education Department wrote to respondent no.3 on 24/02/2025 (Annexure-P/3) to initiate t
The court ruled that the authority to assign the Principal role resides with the Regional Additional Director, and orders issued without following proper protocols are invalid.
The Officiating Principal has the right to challenge the appointment of a regularly selected candidate, and appointments made contrary to statutory provisions are invalid.
The central legal point established in the judgment is the interpretation of Regulation 2(1) regarding the appointment process for the post of Principal and the legal obligation of the Management to ....
Transfer stipulations in employment determine seniority rights and must be respected in disputes regarding promotions.
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
The court ruled that a writ petition lacks merit if the petitioner is no longer associated with the institution in question.
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