IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

WRIT PETITION No. 21986 of 2024

SANJEEV KUMAR PARASHAR AND OTHERS

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Sankalp Sharma - Advocate for the petitioners. Shri Rohit Shrivastava - Panel Lawyer for the State.

Shri Ankur Mody - Advocate for the respondent No.4.

Shri Nirmal Kumar Shrama - Advocate for the respondent No.6.

RESERVED ON :- 09/10/2025

DELIVERED ON :- 5/01/2026

ORDER aided Polytechnic College governed by the provisions of the Madhya Pradesh Ashaskiya Shikshan Sansthan (Anudan Ka Pradaya) Adhiniyam, 1978, with its courses duly approved by the All India Council for Technical Education and affiliated to Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal, and is therefore amenable to the writ jurisdiction of this. Petitioner No.1 was initially appointed on the post of Lab Technician (Computer) on a probationary basis under a Government-aided programme vide appointment order dated 26.10.1996 issued by Respondent No.4. Upon satisfactory completion of the probation period, his services were made permanent with effect from 28.10.1997 vide order dated 01.02.1998. Thereafter, on the recommendation of the Promotion/Selection Committee, Petitioner No.1 was internally transferred with promotion to the post of Programmer in the Information Technology Department vide order dated 04.09.2008 with effect from 08.09.2008, and he continued to discharge his duties diligently without any adverse remark. Petitioner No.2 was also appointed on the post of Lab Technician (Computer) on a probationary basis under a Government-aided programme vide appointment order dated 26.10.1996 issued by Respondent No.4. Upon satisfactory completion of the probation period, his services were made permanent with effect from 28.10.1997 vide order dated 01.02.1998. Thereafter, on the recommendation of the Promotion/Selection Committee, Petitioner No.2 was internally transferred with promotion to the post of System Manager in the Information Technology Department vide order dated 04.09.2008 with effect from 08.09.2008. In addition to his regular duties, Petitioner No.2 was also discharging teaching assignments and had been entrusted with the additional charge of Hostel Warden since 01.06.2015. Pursuant to the approval accorded by the Board of Governors of the respondent/institution, Respondent No.4 vide order dated 30.08.2022 directed the merger of intake of the existing Information Technology course with Computer Science and Engineering from the academic session 2020– 21, while expressly stipulating that the terms and conditions of appointment of the existing staff would remain unchanged and would continue to be governed by their original appointment orders. Thereafter, in pursuance of the resolution passed by the Board of Governors in its meeting dated 09.07.2024, Respondent No.4 issued the impugned orders dated 16.07.2024 discontinuing the services of both the petitioners with immediate effect. The impugned orders dated 16.07.2024 have been passed on the purported ground that the Information Technology course was a self-financed course not receiving any grant-in-aid from the State Government and that, due to poor admissions and alleged financial losses, the said course was closed pursuant to the resolution of the Board of Governors dated 09.07.2024. Being aggrieved by the arbitrary, illegal, and mala fide action of Respondent No.4 in discontinuing their services despite their long, continuous, and unblemished service, the petitioners have approached this Court by way of present writ petition.

The present petition under Article 226 of the Constitution of India has

been filed by the petitioners No.1 and 2, namely, Sanjeev Kumar Parashar

and Rajesh Mathur seeking following reliefs:

a) Allow the present writ petition and to quash the

termination letters issued by the respondent no.4

b) Direct the respondent to allow the Petitioner no.1

and Petitioner no. 2 on the current