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IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

ON THE 12^th OF JULY, 2023

WRIT PETITION No. 9567 of 2023

BETWEEN:-

SURESH KUMAR DAGOUR S/O LATE SHRI

MAWASIA RAM DAGOUR, AGED ABOUT 54

YEARS, OCCUPATION: SERVICE, R/O AMBHA

ROAD, NEAR BADOKHAR MATA, GOVERNMENT

POLYTECHNIC COLLEGE, MORENA (MADHYA

PRADESH)

.....PETITIONER

(BY SHRI D. S. RAGHUWANSHI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH

PRINCIPAL SECRETARY, DEPARTMENT OF

TECHNICAL

EDUCATION,

SKILL

DEVELOPMENT

AND

EMPLOYMENT,

VALLABH BHAWAN, BHOPAL (MADHYA

PRADESH)

2. DIRECTOR, DEPARTMENT OF TECHNICAL

EDUCATION, SKILL DEVELOPMENT AND

EMPLOYMENT, VALLABH BHAWAN, BHOPAL

(MADHYA PRADESH)

3. GOVERNMENT POLYTECHNIC COLLEGE

MORENA,

THROUGH

PRINCIPAL

GOVERNMENT POLYTECHNIC COLLEGE,

BADOKHAR, AMBHA ROAD, MORENA

(MADHYA PRADESH)

4. JAN BHAGIDARI SAMITI, GOVERNMENT

POLYTECHNIC

COLLEGE,

BADOKHAR

2

AMBHA ROAD, MORENA, MADHYA PRADESH

THROUGH PRESIDENT, JAN BHAGIDARI

SAMITI,

GOVERNMENT

POLYTECHNIC

COLLEGE, BADOKHAR AMBHA ROAD

MORENA, MADHYA PRADESH

5 COMMISSIONER,

DIRECTORATE

OF

TECHNICAL EDUCATION, FOURTH FLOOR,

SATPURA BHAWAN, BHOPAL, (MADHYA

PRADESH)

6. DR.

AMIT

KHANDELWAL,

SENIOR

LECTURER, GOVERNMENT POLYTECHNIC

COLLEGE, BADOKHAR, AMBHA ROAD

MORENA (MADHYA PRADESH)

7. R.S.

PANTH,

SENIOR

LECTURER,

GOVERNMENT POLYTECHNIC COLLEGE,

BADOKHAR, AMBHA ROAD, MORENA

(MADHYA PRADESH)

8. COLLECTOR, THROUGH COLLECTOR AND

DISTRICT MAGISTRATE OFFICE, AMBHA-

MORENA

ROAD,

MORENA

(MADHYA

PRADESH)

.....RESPONDENTS

(BY SHRI DEEPAK KHOT – GOVERNMENT ADVOCATE ;

SHRI D. P. SINGH – ADVOCATE FOR RES. NO.6 )

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This petition coming on for hearing this day, Hon'ble Shri

Justice Milind Ramesh Phadke passed the following:

JUDGMENT

The present petition under Article 226 of the Constitution

of India has been directed against the order dated 19.4.2023

passed by Director, Department of Technical Education, Skill

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Development and Employment vide Order No.2/RAJ/E/2023/423

and Order No.2/RAJ/E/2023/421 whereby petitioner has been

directed to hand over the charge of Principal of Government

Polytechnic College, Morena and also the responsibility of daily

works and salary to the respondent no.7.

Brief facts of the case are that the petitioner was initially

appointed on the Post of Lecturer (Electrical) at Government

Technical College, Naugaon in 1997. In the year 2006, an

advertisement was issued by the Public Service Commission

wherein the vacancy for the post of Head of the

Department(HOD), Electrical Engineering, Technical, was

published in furtherance of M.P. Technical Education Polytechnic

College (Teaching Cadre) Service Recruitment Rules 2004 and in

furtherance of said advertisement the recruitment exam for the

same was conducted and on 7.2.2009 a select list was published

wherein the name of present petitioner was included.

On 8.10.2009, the State Government issued a letter

addressing to the Principal of the Polytechnic College regarding

appointment to the post of HOD (Electrical Engineering)

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(Technical) at Polytechnic College under aegis of the society. In

pursuance of the aforesaid the candidature of petitioner in the

present appointment was preferred and an approval was sought for

appointment of the present petitioner by the governing

body/Chairman of the Management Committee of the Institute.

A letter was issued by the Principal in the name of Member,

Secretary, Polytechnic College, Morena dated 22.10.2009

addressing to the present petitioner regarding his appointment to

the post of HOD (Electrical Engineering)(Technical) in

Polytechnic College, Morena and present petitioner was informed

that his candidature has been approved by the Chairman of the

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