ORDER

This petition is filed being aggrieved of the action of the respondents as contained in orders dated 31.07.2020 and 13.08.2020, respectively, passed by the respondents No. 1 & 2, bringing an end to the engagement of the petitioner as an Advisor.

2. It is submitted that one set of contractual employees cannot be replaced with another set of contractual employees as per the law laid down by Supreme Court in Manish Gupta and anothers etc. etc. Vs. President, Jan Bhagidari Samiti and others etc. etc. [2022 Live Law (SC) 406]. Reliance is also placed on Annx.P/9, which is the Division Bench decision of this High Court in Writ Appeal No.418/2017 (The State of Madhya Pradesh Vs. Puneet Mohan Khare, decided on 05.02.2018), wherein, reference is made to the decision of Supreme Court in Mohd. Abdul Kadir and another Vs. Director General of Police, Assam and others [(2009) 6 SCC 611], wherein, it is held that ad hoc appointments under the Scheme are normally coterminous with the Scheme, subject to earlier termination either on medical or disciplinary grounds, or for unsatisfactory service, or on attainment of normal age of retirement. It is contended that the Scheme is still in force and therefore, petitioner could not have been replaced. In that background, Hon'ble Division Bench held that a contractual employee cannot be substituted by another set of contractual employee through outsourcing the services is another way of engaging trainers on contract basis.

3. Shri Amit Mishra, learned Panel Lawyer for respondent - State supports impugned orders.

4. After hearing learned counsel for the parties, it is necessary to see the background in which petitioner was appointed.

5. A Scheme, namely, 'The Chief Minister's Young Professionals for Development Programme', was floated as contained in Annx.P/1. It proposes to offer an opportunity for young graduates/post-graduates and professionals to work with the Government. The Programme, like the fellowship programmes of other States, aims to equip aspiring Young Professionals with an in depth understanding of the complexity of the governance and development processes through district and village level immersion in a wide range of institutions dealing with regulation, health, education, infrastructure, urban and rural development and social security. These Young Professionals will help identify problems in the design of programmes, schemes and implementation processes through rigorously structured research projects, so that necessary improvements can be made at the policy and implementation levels.

6. Next para of this Scheme after providing for appointment of 51 Young Professionals known as 'CM Research Associates', makes it clear that while the appointees would be working at the field level, collecting evidence on definite, structured projects designed to examine specific policies and evaluate schemes and government programmes, they would also be required to innovatively look at the functioning of the government system and raise issues through working papers, which could be published by the institute. Such papers could lead to further research and policy work.

7. Thus, the high light of the programme as contained in Annx.P/1, is three fold. Firstly, it is a fellowship programme. To provide Young Professionals with an in depth understanding of the complexity of the governance and development processes. Secondly, they were deputed to help identify problems in the design of programms, schemes and implementation processes.

Thirdly, they were to examine specific policies and evaluate schemes and government programmes and were required to work innovatively to look at the functioning of the government system.

8. It is not an employment. It is an engagement on fellowship.

9. At this stage, Shri Ghildiyal, learned Senior Advocate, interrupts and submits that the petitioner is not one of 51 Young Professionals, but was appointed as one of the 6 dedicated Mentors (Ad