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2024 Supreme(Online)(MP) 32277
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 23rd OF JANUARY, 2024
WRIT PETITION No. 9640 of 2019
BETWEEN:-
SHIVANAND MISHRA S/O SHRI PRYAGDEEN MISHRA,
AGED
ABOUT
61 YEAR S , OCCUPATION:
SPORTS
OFFICER GOVT. MODEL SCIENCE COLLGE GOVT
MODEL SCIENCE COLLEGE REWA MP (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SANJAY AGRAWAL - SENIOR ADVOCATE ASSISTED BY SHRI
NITYA NAND MISHRA - ADVOCATE)
AND
1.
THE STATE OF M.P. THR. PRINCIPAL SECRETARY
VALLABH BHAWAN (MADHYA PRADESH)
2.
THE
SECRETARY
UNIVERSITY
GRANT
COMMISSIONER BAHADUR SHAH ZAFAR MARG
NEW DELHI NEW DELHI (DELHI)
3.
THE
COMMISSIONER
HIGHER
EDUCATION
DEPARTMENT BHOPALMP (MADHYA PRADESH)
4.
THE
PRINCIPAL GOVT
MODEL
SCIENCE
COLLEGE REWA MP REWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT SONALI SHRIVASTAVA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 13208 of 2019
BETWEEN:-
KULWANT SINGH GILL S/O A.S.GILL, AGED ABOUT 62
YEARS, OCCUPATION: SERVICE (HIGHER EDUCATION
DEPT.)
UPWAN
NAGAR
BODA
BAGH (MADHYA
1
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
PRADESH)
.....PETITIONER
(BY SHRI JAGAT SINGH - ADVOCATE AND SHRI SHIVAM HAZARI -
ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY HIGHER EDUCATION
DEPARTMENT
VALLABH
BHAWAN
BHOPAL
(MADHYA PRADESH)
2.
THE SECRETARY, U.G.C.BAHADUR SHAH ZAGAR
MARG, NEW DELHI (DELHI)
3.
THE
COMMISSIONER
HIGHER
EDUCATION
DEPARTM ENT SATPURA
BHAWAN
BHOPAL
(MADHYA PRADESH)
4.
ADMINISTRATOR /ADDL. DIRECTOR, HIGHER
E D U C AT I O N REWA
DIVISION
(MADHYA
PRADESH)
5.
PRINCIPAL
JANATA
COLLEGE DISTT-REWA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT SONALI SHRIVASTAVA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 18320 of 2019
BETWEEN:-
DR. SHAKTI SINGH MANDLOI S/O LATE K.L. MANDLOI,
A G E D ABOUT
63
YEARS, OCCUPATION:
SPORTS
OFFICER
SHRI
JANKI
RAMAN MAHAVIDYALAY
RANITAL JABALPUR FLAT NO. 204, DATT AVENUE
HOME SCIENCE COLLEGE ROAD (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANJAY AGRAWAL - SENIOR ADVOCATE ASSISTED BY SHRI
SARANSH KULSHRESHTHA - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THR ITS
2
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
PRINCIPAL
SECRETARY
DEPT.
OF
HIGHER
EDUCATION
VALLABH
BHAWAN,
BHOPAL
(MADHYA PRADESH)
2.
COMMISSIONER
HIGHER
EDUCATION
DEPARTM ENT SATPURA
BHAWAN
BHOPAL
(MADHYA PRADESH)
3.
OFFICER
ON
SPECIAL
DUTY OFFICE
OF
COMMISISONER HIGHER EDUCATION DEPTT.
SATPURA BHAWAN BHOPAL (MADHYA PRADESH)
4.
UNIVERSITY GRANTS COMMISSION THROUGH
SECRETARY BAHADUR SHAH ZAFAR MARG NEW
DELHI (DELHI)
5.
ADDITIONAL
DIRECTOR HIGHER EDUCATION
DEPARTMENT REGIONAL JABALPUR (MADHYA
PRADESH)
6.
PRINCIPAL
CUM
SECRETARY
TO
THE
GOVERNING
BODY SHRI
JANKI
RAMAN
MAHAVIDYALAYA RANITAL JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT SONALI SHRIVASTAVA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 23613 of 2019
BETWEEN:-
DR.
PRAMOD
KUMAR
GUPTA
S/O
SHRI
RAMKHELAWAN
GUPTA,
AGED ABOUT 61 YEARS,
WARD NO. 6 BUS STAND MAUGANJ P.S. MAUGANJ
DISTT., REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAJROOP PATEL - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY
VALLABH
BHAWAN,
BHOPAL
(MADHYA PRADESH)
2.
THE
SECRETARY
UNIVERSITY
GRANT
COMMISSION BAHADUR SHAH ZAFAR MARG
3
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
NEW DELHI (DELHI)
3.
C O M M I S S I O N E R HIGHER
EDUCATION
DEPARTM ENT SATPUDA
BHAWAN
BHOPAL
(MADHYA PRADESH)
4.
THE
PRINCIPAL
ACCOUNTANT
GENERAL
(COMMERCE AND CIVI GOVERNMENT SAHID
KEDARNATH COLLEGE MAUGANJ DISTT.REWA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT SONALI SHRIVASTAVA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 23933 of 2019
BETWEEN:-
DR. BASHIR KHAN PATHAN S/O LATE SHRI D.K.
PATHAN,
AGED ABOUT
62
YEARS, OCCUPATION:
SERVICE HIGHER EDUCATION DEPT. CHANDAS TOLA
WARD NO.12 NEAR RAILWAY BRIDGE ANUPPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI JAGAT SINGH - ADVOCATE AND SHRI SHIVAM HAZARI -
ADVOCATE )
AND
1.
THE
STATE
OF
MADHYA
PRADESH
THR.
PRINCIPAL
SECRETARY
DEPT.
OF
HIGHER
EDUCATION
VALLABH
BHAWAN,
BHOPAL
(MADHYA PRADESH)
2.
THE SECRETARY U.G.C. BAHADUR SHAH ZAFAR
MARG NEW DELHI (DELHI)
3.
THE
COMMISSIONER HIGHER
EDUCATION
DEPARTM ENT SATPUDA
BHAWAN
BHOPAL
(MADHYA PRADESH)
4.
ADMINISTRATOR / ADDI DIRECTOR HIGHER
EDUCATION
DEPARTMENT REWA
DIVISION
REWA (MADHYA PRADESH)
5.
P R I N C I PA L GOVERNMENT
ARTS
AND
COMMERCE
COLLEGE BYOHARI
SHAHDOL
4
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT NIRMALA NAYAK - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 528 of 2020
BETWEEN:-
RAJIV VYAS S/O LATE SHRI P.M. VYAS, AGED ABOUT 62
YEARS, OCCUPATION: SERVICE HIGHER EDUCATION
DEPT.
PREM
VIHAS
COLONY
GALI
NO.2 SATNA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI JAGAT SINGH - ADVOCATE AND SHRI SHIVAM HAZARI -
ADVOCATE)
AND
1.
THE
STATE
OF
MADHYA
PRADESH
THR.
PRINCIPAL
SECRETARY
DEPT.
OF
HIGHER
EDUCATION
VALLABH
BHAWAN
BHOPAL
(MADHYA PRADESH)
2.
THE SECRETARY U.G.C. BAHADUR SHAH ZAFAR
M A R G BAHADUR SHAH ZAFAR MARG NEW
DELHI (DELHI)
3.
THE
COMMISSIONER
HIGHER
EDUCATION
SATPUDA BHAWAN BHOPAL (MADHYA PRADESH)
4.
ADMINISTRATOR
/
ADDI.DIRECTOR HIGHER
EDUCATION
DEPARTMENT REWA
DIVISION
REWA (MADHYA PRADESH)
5.
PRINCIPAL
VANIJYA
COLLEGE
(COMMERCE
COLLEGE) DISTT.SATNA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT NIRMALA NAYAK - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 7511 of 2020
5
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
BETWEEN:-
VIDYUT BHUSHAN AGNIHOTRI S/O SHRI ANIRUDDH
PR A S A D AGNIHOTRI,
AGED
ABOUT
61
YEARS,
OCCUPATION: SPORTS OFFICER RAJBHANU SINGH
ISMARAK
MAHAVIDYALAHY
MANIKWAR
REWA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI NITYA NAND MISHRA - ADVOCATE)
AND
1.
STATE OF M.P. THR. THE PRINCIPAL SECRETARY
HIGHER EDUCATION DEPT. VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2.
COMMISSIONER
HIGHER
EDUCATION
DEPARTM ENT SATPURA
BHAWAN
BHOPAL
(MADHYA PRADESH)
3.
ADDITIONAL
REGIONAL
DIRECTOR HIGHER
EDUCATION
DEPARTMENT DIVISION
REWA
(MADHYA PRADESH)
4.
PRINCIPAL
RAJBHANU
SINGH
ISMARAK
MAHAVIDYALAY
MANIKWAR REWA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
WRIT PETITION No. 17356 of 2020
BETWEEN:-
DR. YOGENDRA SINGH CHAHAR S/O SHRI BIRI SINGH
CHAHAR, AGED
ABOUT
61
YEARS, OCCUPATION:
SPORTS OFFICER ( GOVT. EMPLOYEE) 48 SHANGRI LA
HOUSING SOCIETY HOSHANGABAD ROAD BABADIYA
KALA, P.S. MISRODH BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI JAGAT SINGH - ADVOCATE AND SHIVAM HAZARI - ADVOCATE)
AND
6
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
1.
THE STATE OF MADHYA PRADESH THRO. THE
PRINCIPAL
SECRETARY
DEPT.
OF
HIGHER
EDUCATION
VALLABH
BHAWAN
BHOPAL
(MADHYA PRADESH)
2.
THE SECRETARY U.G.C. BAHADUR SHAH ZAFAR
MARG, NEW DELHI (DELHI)
3.
COMMISSIONER
HIGHER
EDUCATION
DEPARTM ENT SATPURA
BHAWAN
BHOPAL
(MADHYA PRADESH)
4.
ADMINISTRATOR/ ADDL. DIRECTOR HIGHER
E D U C AT I O N REWA
DIVISION
(MADHYA
PRADESH)
5.
PRINCIPAL GOVT. NARMADA COLLEGE DISTT-
HOSHANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT SONALI SHRIVASTAVA - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 10317 of 2021
BETWEEN:-
KRISHNA KUMAR TIWARI S/O LATE SHRI RAMJIVAN
TIWARI,
AGED ABOUT
61
YEARS, OCCUPATION:
SERVICE , SPORTS OFFICER IN GOVERNMENT SWAMI
VIVEKANANDA
PG
COLLEGE
HARDA
R/O
SF-17
SANKALP APARTMENT NEAR POLICE STATION HARDA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ABHAY PANDEY - ADVOCATE)
AND
1.
THE
STATE
OF
MADHYA
PRADESH
THRO.
PRINCIPAL
SECRETARY
TO GOVT. OF M.P.
HIGHER EDUCATION DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2.
C O M M I S S I O N E R HIGHER
EDUCATION
DEPARTMENT SATPURA
BHAWAN
(MADHYA
PRADESH)
3.
P R I N C I P A L GOVERNMENT
SWAMI
7
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
VIVEKANANDA PG COLLEGE HARDA (MADHYA
PRADESH)
4.
SECRETARY UNIVERSITY GRANTS COMMISSION,
BAHADUR SHAH JAFAR MARG (DELHI)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT NIRMALA NAYAK - ADVOCATE FOR RESPONDENT NO.4)
WRIT PETITION No. 24452 of 2021
BETWEEN:-
PRABODH PATKAR S/O SHRI S L PATKAR, AGED ABOUT
62
YEARS, 323
SNEH
NAGAR
HANUMAN
PURI
JABALPUR MP (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANJAY AGRAWAL - SENIOR ADVOCATE ASSISTED BY SHRI
SARANSH KULSHRESTHA - ADVOCATE)
AND
1.
THE
STATE
OF
MADHYA
PRADESH
THR
PRINCIPAL
SECRETARY
DEPARTMENT
OF
HIGHER
EDUCATION
VALLABH
BHAWAN
BHOPAL (MADHYA PRADESH)
2.
COMMISSIONER
HIGHER
EDUCATION
DEPARTM ENT SATPURA
BHAWAN
BHOPAL
(MADHYA PRADESH)
3.
OFFICER
ON
SPECIAL
DUTY OFFICE
OF
COMMISSIONER
HR.
EDUCATION
DEPTT.
SATPURA BHAWAN BHOPAL (MADHYA PRADESH)
4.
UNIVERSITY
GRANTS
COMMISSIONER THR.
SECRETARY BAHADUR SHAH ZAFAR MARG
(DELHI)
5.
ADDITIONAL
DIRECTOR HIGHER EDUCATION
DEPARTMENT REGION
JABALPUR
(MADHYA
PRADESH)
6.
PRINCIPAL
CUM
SECRETARY
TO
THE.
GOVERNING BODY D.N JAIN COLLEGE MALVIYA
CHOWK JABALPUR (MADHYA PRADESH)
8
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT NIRMALA NAYAK - ADVOCATE FOR RESPONDENT NO.4)
WRIT PETITION No. 25950 of 2021
BETWEEN:-
KRISHNA KUMAR RAWAT S/O S.S.RAWAT, AGED
ABOUT 62 YEARS, OCCUPATION: SPORTS OFFICER
JAGDISH WARD GADARWARA TEHSIL GADARWARA
DISTT. NARSINGHPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHIVAM HAZARI - ADVOCATE AND SHRI JAGAT SINGH -
ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY HIGHER EDUCATION
DEPTT. VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2.
SECRETARY UGC BAHADUR SHAH ZAFAR MARG
NEW DELHI (DELHI)
3.
COMMISSIONER
HIGHER
EDUCATION
DEPARTM ENT SATPURA
BHAWAN
BHOPAL
(MADHYA PRADESH)
4.
PRINCIPAL SHAHEEDBHAGAT SINGH , GOVT
COLLEGE, PIPARIYA, HOSHANGABAD MP DISTT-
PIPARIYA MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT NIRMALA NAYAK - ADVOCATE FOR RESPONDENT NO.2)
WRIT PETITION No. 3838 of 2022
BETWEEN:-
JASBEER SINGH SONDHI S/O LATE SHRI KUNDAN
SINGH SONDHI, AGED ABOUT 61 YEARS, OCCUPATION:
SPORTS
OFFICER
GOVT.
JATASHANKAR TRIVEDI
COLLEGE BALAGHAT R/O WARD NO. 18 GONDIA ROAD
9
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
BALAGHAT M.P. (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANJAY AGRAWAL - SENIOR ADVOCATE ASSISTED BY
SHRISARANSH KULSHRESHTHA - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH ITS
PR IN CIPAL SECRETARY
DEPARTMENT
OF
HIGHER
EDUCATION
VALLABH
BHAWAN
BHOPAL M.P. (MADHYA PRADESH)
2.
COMMISSIONER
HIGHER
EDUCATION
DEPARTMENT SATPURA BHAWAN BHOPAL M.P.
(MADHYA PRADESH)
3.
OFFICER
ON
SPECIAL
DUTY
OFFICE
OF
COMMISSIONER SATPURA BHAWAN BHOPAL
M.P. (MADHYA PRADESH)
4.
UNIVERSITY GRANTS COMMISSION THROUGH
ITS SECRETARY BAHADUR SHAH JAFAR MARG
NEW DELHI (DELHI)
5.
ADDITIONAL
DIRECTOR
DEPARTMENT
OF
HIGHER
EDUCATION JABALPUR
REGION,
JABALPUR, M.P. (MADHYA PRADESH)
6.
PRINCIPAL, GOVT. JATASHANKAR TRIVEDI POST
GREDUATION
COLLAGE,
BHALAGHAT
BALAGHAT, M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT NIRMALA NAYAK - ADVOCATE FOR RESPONDENT NO.4)
WRIT PETITION No. 8051 of 2022
BETWEEN:-
KULDEEP SINGH TOMAR S/O SHRI S.S. TOMAR, AGED
ABOUT 61 YEARS, OCCUPATION: SPORTS OFFICER S-5
NIKHI
HOMES,
KUNJAN
NAGAR, HOSHANGABAD
ROAD BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANJAY AGRAWAL - SENIOR ADVOCATE ASSISTED BY
10
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
SARANSH KULSHRESHTHA - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH ITS
PR IN CIPAL SECRETARY
DEPARTMENT
OF
HIGHER
EDUCATION
VALLABH
BHAWAN
BHOPAL (MADHYA PRADESH)
2.
C O M M I S S I O N E R , HIGHER
EDUCATION
DEPARTMENT SATPUDA BHAWAN BHOPAL M.P.
(MADHYA PRADESH)
3.
OFFICER
ON
SPECIAL
DUTY, OFFICE
OF
COMMISSIONER,
HIGHER
EDUCATION
DEPARTMENT SATPUDA BHAWAN BHOPAL M.P.
(MADHYA PRADESH)
4.
UNIVERSITY GRANTS COMMISSION, THROUGH
ITS SECRETARY BAHADUR SHAH ZAFAR MAR,
NEW DELHI (DELHI)
5.
ADDITIONAL DIRECTOR , DEPARTMENT OF
HIGHER
EDUCATION BHOPAL
REGIONAL
,
BHOPAL (MADHYA PRADESH)
6.
PRINCIPAL , RAJABHOJ GOVERNMENT COLLEGE
MANDEEP,
DISTRICT-RAISEN
(MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SMT NIRMALA NAYAK - ADVOCATE FOR RESPONDENT NO.4)
WRIT PETITION No. 25662 of 2022
BETWEEN:-
C.K.BISEN (CHANDRA KUMAR BISEN) S/O LATE SHRI
DINESH KUMAR BISEN, AGED ABOUT 62 YEARS,
OCCUPATION:
SPORTS
OFFICER
R/O BAMHANI,
BARGHAT DISTRICT SEONI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHIVAM HAZARI - ADVOCATE AND SHRI JAGAT SINGH -
ADVOCATE)
AND
11
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
WRIT PETITION No. 13363 of 2023
BETWEEN:-
MANGLESH KUMAR SARMANDAL S/O LATE SHRI
S.N.SARMANDAL,
AGED
ABOUT
62
YEARS,
OCCUPATION:
SERVICESPORTS
OFFICER
IN
GOVERNMENT
COLLEGE
PANDHANA
DISTRICT
KHANDWA
R/OCT-7NVDA
COLONY
CIVIL
LINES
KHANDWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ABHAY PANDEY - ADVOCATE)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPALSECRETARY TO GOVERNMENT OF
MADHYA PRADESH HIGHER EDUCATION R/O
VALLABH
BHAWAN
MANTRALAYA
BHOPAL
(MADHYA PRADESH)
2.
THE COMMISSIONER OF HIGHER EDUCATION
GOVERNMENT OF MADHYA PRADESH SATPURA
BHAWAN BHOPAL (MADHYA PRADESH)
3.
THE
PRINCIPAL GOVERNMENT
COLLEGE
P A N D H A N A DISTRICT-
KHANDWA(M.P.)
(MADHYA PRADESH)
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL
SECRETARY
DEPT.
OF
HIGHER
EDUCATION VALLABH BHAWAN BHOPAL (M.P.)
(MADHYA PRADESH)
2.
THE SECRETARY U.G.C. BAHADUR SHAH ZAFAR
MARG , NEW DELHI (DELHI)
3.
THE
COMMISSIONER HIGHER
EDUCATION
MADHYA PRADESH SATPURA BHAWAN BHOPAL
(MADHYA PRADESH)
4.
PRINCIPAL ARTS AND COMMERCE COLLEGE
CHOURAI CHHINDWARA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
(BY SHRI SHIVAM MISHRA - ADVOCTAE FOR RESPONDENT NO.2)
12
Signed by: MOHD TABISH
KHAN
Signing time: 05-03-2024
11:01:25
Signature Not Verified
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR THE
STATE)
This petition coming on for admission this day, the court passed the
following:
Jagat Singh,Advocate General
ORDER
These bunch of petitions can be bifurcated in two sets, namely, the common thread of grievance in these petitions, as has been raised by the petitioners, is that the order issued by the respondents ordering superannuation of the Sport Officers in the Government Colleges at the age of 62 years be quashed and they be directed to continue upto the age of 65 years.
2. Second set of petitions challenges the circular of the Government of India, Ministry of Human Resource Development, Department of Higher Education dated 31.12.2008 issued vide No.1-32/2006-U.II/U.I(1) whereby it is provided in Clause 8(f)(III) that "the enhancement of the age of superannuation for teachers engaged in class rooms teaching is intended to attract eligible persons to a career in teaching and to meet the shortage of teachers by retaining teachers in service for a longer period, and whereas there is no shortage in the categories of Librarians and Directors of Physical Education, the increase in the age of superannuation from the present sixty two years shall not be available to the categories of Librarians and Directors of Physical Education."
3. Petitioners through amendment have also challenged the State Government order No.F 1-124-2010-1-38 dated 16.04.2010 wherein same provision has been retreated in Clause 11 holding that non teaching staff like Librarian, Sport Officers and others working on administrative post shall continue to retain their age of superannuation at 62 years.
4. As far as validity of the orders of the Union of India dated 31.12.2008 and consequent orders of the State Government dated 16.04.2010 are concerned, ground which has been taken to assail said orders is that they are arbitrary, illegal and discriminatory and, therefore, liable to be set aside.
5. However, no empirical data has been produced to counter the office memorandum dated 31.12.2008 which categorically provides that on account of there being no shortage in the categories of Librarians and Directors of Physical Education, the increase in the age of superannuation from the present sixty two years shall not be available to the categories of Librarians and Directors of Physical Education.
6. It was incumbent upon the petitioners to have produced empirical data to support their case that there is shortage of staff in the category of Librarians and Sport Officers and, therefore, they are entitled to continue upto the age of 65 years.
7. This aspect is dealt with by a Coordinate Bench in W.P. No.28329/2018 (Rajendra Kumar Agrawal Vs. State of Madhya Pradesh and Others) decided on 01.09.2023, whereby claim for enhanced age of superannuation has been rejected.
8. Similarly another Coordinate Bench in W.P. No.21992/2019 (Norma Chacko Vs. The State of M.P. and Others) decided on 28.11.2023 has held that since the validity of circulars dated 31.12.2008 and 16.04.2010 is not under challenge and it is not the case of petitioner that aforesaid two circulars have been declared as ultra vires by the Supreme Court or by the High Court or have been withdrawn by the University Grants Commission as well as by the Department of Higher Education, the State of Madhya Pradesh, this Court is of the considered opinion that whether the distinction drawn by the State of Madhya Pradesh between the teachers, teaching inside the class rooms and teachers teaching outside the class rooms is based on intelligible differentia or not cannot be considered and under facts and circumstances, refuse to show any indulgence.
9. Division Bench of Chhattisgarh High Court in case of Hemlal Sahu Vs. Union of India, (2021) 4 SCT 546 wherein a declaration was sought that Rule 56(1-e) of the Fundamental Rules, applicable and amended by Chhattisgarh Shashkiye Sevak (Adhivarshiki Ayu) (Sanshodhan) Adhiniyam, 2012 is ultra vires and also relief was sought for benefit of enhancement of age of superannuation from 62 to 65 years as was enhanced for the class room teachers has been rej
