tl ove : i EB HIG! URT RINCIPAL SEAT AT JABALPUR- 2018 “2 . 1 oo PETITIONERS 2 Sourabh Sigh Baghel sagGeerere Verna . RESPONDENTS State of M.P. & Othere 7 _ Linas Festi ina to "Reniy on behalf ot respandants aang with iy asfidanit al . [3 tapes of we _ orders ented) RT "5-9, 08.08.2018 und 10.08.2018. Copy of the 9 Bi 0ea0ie]| RE Ty 0 see epic Pats, 4-38 wes Gf the cartier policies] RT] | respect’ ot engagemcmt of Quest 29-Fl ‘Teacher trom the yoar 2007 to 2016 TT Summary of the-compiainte Woteh 1 were seceived rogarding the maciaet BH nd ricihod of selection process of Guest Tancher. . Cope af the Tatler aaed] RS 4 30.05.2017. 78 TT eop at the ree date | RE 20,07.2017 #4 SB [eopy of the circular dated RT 93.09.2017 So-@1 Copy of the order detec RS 10.2017, e2 a a 9ar12.2017 . 83-7 TT aE ike ereae dated [31 07.07.2018. [e875 TP fey or the “aotiReation dated | RAT — Ye. 11.0014 f14+95 Teen ot he ores nee) G 94.09.2018, = 8 Go herder dated] 51,09.2018. : a4 PF ‘Application far vacating Bray wih o0-Tta |: vise issued by the Rogiotry. Jabalpur 19/09/2018 Wo SeP. 2018 DECLARATION orrce AMS yyIN THE HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT JABALPUR : : W.P.No,18935/2018 : PETITIONERS —: Sourabh Singh Baghel and others ’ . Versus RESPONDENTS :State of M.P. & others : REPLY ON BEHALF OF RESPONDENTS The answering. respondents most’ respectfully submit as unders” 1, TRat petitioners have prayed following relief in the writ petition: “() This Hon'pie court may kindly be pleased to quash impugned notification dated 07.07.2018 , annexure-P/1) wlth direction to the raspondenty 19 not substitute Guest Teachers/petitioners by another sat of Quest Teachers, tn the interest of Justice. {4} This Hon’bte Court may kindly be Alrect raspondents/State to permit the petitioners to continue ax Quest Teacher tl regular celeetton + 4s made in view of tha judgment reparted tn £994 3 {4) SCC 12H and AIR 1987 SC 478, tm the Interest of : dustlec. (ti) Tate Hon'ote Court may kindly be pleased to direct the respondents/State to give miatmum pay . seaia to the petitioners attached to Shiksha Karmt yi Grade 1, Hf, MI the post to the patitiensry a morking with arrears and all” consequanttat benefite tn view of the Judgment reported In 3017 (21) SCC 148, in the Interest of Justice. fis] Ths Hon'ble Court may kindly be pleased to quash the impugned nottfleatton dated 08.08,2018 [Annexure P/5}, 1 the interest ef justice, le) Any ather writ or direction which this Hon’bte deem fit ang proper in the case may alee passed alony with the coat, tn the interest of Py Surttee.” 2. That, the petitioners in the instant case are challenging the circular dated 97.07.2018 issued by the School Education Department, wherein applications have heen invited for engagement as Guest Teachers in Government Schools. The petilionerg allege that theyhina iis were working in the academic session 2017-2018 and there was no order of removal of the petitioners, but despite the fact, new applications have been invited for engagement of Guest Teachers. It is further the case of the petitioners that it is settled law that temporary employee cannot bé replaced by temporary employee. ‘Thus, likewise the:Guost Teacher cannot be substituted by Guest Teacher as has been held by Hon’ble Apex Court in catena of judgments. It is further the case of the petitioners that the impugned circular is discriminatory iii nature in as much as, the persons who are working as Guest Teachers are being substituted by Guest Teachers who have no experience. The petitioners further allege that they ere fully qualified and have more experience to be engaged as Guest Teacher and their experience and continuity in service cannot be given-a complete go bye and in their place, another inexperienced Guest Teacher cannot be engaged /invited. On the aforesaid premises, the petitioners have challenged the Circular dated 07 07.2018 and Instructions dated 08.08,2018, ‘That, the answering respondents submit that, all such contentions raised by the petitioners in the instant writ pttition are-misconceived, baseless and incorrect and are therefore, denied. There is absolutely no ‘Megality or infirmity in the action of the answering respondents 50 as to warrant kind interference of this Hea’ble Court in exercise of its extraordinary writ jurisdiction. The instant petition thus filed by the petitioners being bereft of merit deserves to be dismissed. That, at the very outset, it is submitted that the issue raised in this petition was subject matter of challenge in WP. No.17289/2018 (Ms. Curjan Jaiswai Vs. State of MP. and others) as well as W.P. No,17830/2018 eb aa in cnentceible ea in cl(Devendra Rawat and others Vs. State of MP. and others), wherein the Gwalior Beach of this Hon'ble Court was pleased to dismiss the said writ petitions vide orders dated 10.08.2018 and 08.08.2018. The Copies of the orders dled 08.08.2018 and 10.08.2018 are cumulatively marked’ herewith as Annexure-R/1. That, it is further! submitted that the order dated 08.08.2018 passed in W.P, No.17830/2018 was a subject matter of challenge before the Division Bench of this Hon'ble Court in its Gwalior Bench in W.A. No.1147/2018 ‘wherein the Division Beach has been pleased to dismiss the writ appeal filed by the appellants/petitioners therein in its order dated 31.08.2018. The Copy of the order dated 31.08.2018 passed in W.A. No.1147/2018 is marked herewith ae Annexure-R/2. That, without prejudice to the submissions made hereinabove, it is submitted that Guest Teachers ore being engaged in School Education Department since 2007-2008, That, it is submitted that a policy was made for engagement of Guest Teachers for Primary Schools and Middle Schools. Lt is further submitted that a separate policy was formulated for cagagement of Guest Teachers in High Schools and Higher Secondary Schools. That, it is submitted that under these two policies, the / eugagement of Guest Teacher was done under the following, contingencies: {i] The sanctioned post is lying vacant; tt} The Teacher is on maternity leave; (itt) The Teacher was on ieave for 15 days or more for the reasons of medtcal/eurned leavw/any other sanctioned teave; . fix) If the Teacher ts on paternity leave;fo) If the Teacher has gone on training for D.Ed./B.bd,/M.Ed. after taking permission from the Government/Department; ful] In new High Schoois/Higher Secondary Schools, where teachers are not available, “9. That, the aforesaid contingencies were meted out by engaging Guest Teachers so that the studies of the children studying in the Schools do not get adversely affected 10. That, for the said purpose, initially district-wise advertisements, were issued for engagement of Guest Yeachers or even the concerned Principal used to issue advertisement for engagement of Guest Teachers and the selection was being made by the School Management Committee/Parents Teacher Association. In this process the following lacuna were revealed li). Phe adverticament was not proper and the vacancies were not widely circulated so that everybody could participate in the selection process; le 1) ‘There was no transparency as regards the manner . and method in which the selection process was conducted; (it) Many a times insilgible and incompetent Guest : Teachers were being engaged; As there was no transparency in the selection process, there have been verious instances wherain ‘people who were otherwise ineligible but had some elationship/contacts with the School Manayement Committee/Parents Teacher Association were : engaged as Guest Teacher; fy) There has been instances that tneligthie and t Teachers not having the incompetent Gu minimum qualifications were engaged for teaching,’ to check the selection process as well as to ensure whether the Guest Teachers engaged are having proper qualifieations or not and also no mechanism “icis sso iit,voi 12. 13 14. to check that guest teachers of the required subject are being engaged; ‘ fot) There was even delay in disbursement of honorartum payabie to the Guest Teachers; [iy There was no mechantsm for grievance redressal. That the Copies of the earlicr policies in respect of engagement of Guest Teacher for the year 2007 to 2016 are cumulatively marked herewith as Annexure-R/3. That it is further submitted that various complaints were also received regarding the manner and method in which the selection was made. A summary of the complaints which were Teceived regarding the manner and method of selection process of Guest Teacher and their mode of payment is marked herewith as Annexure-R/4. That, in order tv mect out the aforesaid deficiencies in the selection process, it was thought that the selection process ‘be made transparent for which purposes, a lelier was written by the Commissioner, Public Instruction on 30.05.2017 to the National Informatics Centre for preparation of a module for online management of engagement of Guest Teachers, payment of their honorarium and for monitoring the entire guest. faculty system. The Copy of the letter dated 30.05.2017 is marked herewith as Annexuro-R/8, That, thereafter on 20.07.2017, a letter was issued that for the session 2017-2018, that for catering to the immediate requirements, engagement of Guest Teachers may be made offline but after the completion of process fof rationalization and transfer of teachers, the engagement process of Guest Teachers shall be made online and online applications shall be invited. It was Jurther stipulated that the Guest Teachers who are already working would alsy be required to give applications online and in case they do not give any online applications and do not get selected im the online15. 16. 18. nrocens, then they shall not be engaged. The Copy af the order dated 20.07.2017 is marked herewith as Annexur That, when the module for online registration was prepared, the circular was issued on 03.08.2017 wherein a time-table was prescribed for online registration, document verification and school/subject- wise allotment. The Copy of the circular dated 03.08.2017 is marked herewith as Annexure-R/7.. However, the said registration process could not be completed and from time to time some circulars were issued extending the date of registration for the benefit of prospective candidates. Finally on 11.10.2017, the last date of verification of the documents was extended up to 20.10.2017. The Copy of the order dated 11.10.2017 is marked herewith as Annexure-R/8_ That it is further submitied that as the last date of registration as well as verification was extended up te 20.10.2017, it was felt that in mid-session, the online process cannot be executed for the session 2017-2018 Taus, the said online registration and invilaon was made applicable for the session 2018-2019 and oawards. That it is further submitted that when the online registration was complete, un order was issued on O4.12,2017 as to how the said online registration has te ‘pe implemented. Copy of the order dated 04.12.2017 is marked herewith as Annexure-R/9. ‘That, in order to meet out the aforesaid deficiencies and contingencics and to make the process entirely transparent, the impugned circular dated 07.07.2018 was issued. In ue circular dated 07.07.2018, it was clearly stipulated thet as the online registration and application in respect of engagement of Guest Teachers sutaihec oink Siestais already complete, thus now the Guest Teachers would be engoged purely on the basis of their online applications and time was fixed. The prospective candidates were given time till 12.07.2018 to amend their bio-data in respect of subject/scored marks/total 7 marks as well as Aadhar Card number if need be, However, no candidate was permitted to add new information. [t is further submitted that in the session 2016-2017, the policy for engagement of Guest Teacher for Primary/Middle Schools, High Schools und Higher Secondary Schools was consolidated. This arrangement was further conrinned in the impugned circular dated 07.07.2018 wherein also the Primary/Middle Schools, High Schools and Iigher Secondary Schools were included in the online selection process. It is submitted that the earlier policies were only modified to some extent but the criterion for selection was not changed und only online registrations were made for the t transparency in the selection process. 19, That, it is submitted that a similar policy of inviting Guest Teachers was issued from time to time but it was implemented at the local level and the State did not have any mechanism to monitor it, Thus the Ongoing policy is only being partly modified for the first time with introduction of # transparent online registration process starting Irot the session 2018-2019, so that it can be implemented in its truc letter and spirit and at ihe level of the State online registration of the candidates is done. 20. That, the benefits of Circular dated 07.07.2018 are the Following va li) That, for the first time the ongoing policy was ay modified and made transpatent so that the State has the opportunity to filter out the ineligiblecandidates and would make the engagement purely on merits which is authenticated/verified through a transparent process which is also avatlable tn the public domatn, HY All the prospective candidates would be aware of the vacancies and whosoever has registered online would be engaged in a School of his chofce as per option and mertt, subject to the availability of vacancy ineluding specific subject vacancy. (tity Even in remote areas, vacanctes would be widely circulated and as per the mertt of the candidate, he/she can even be engaged in remote area as per choice'or avatlabllity of vacancies. [ivy There would be no room for unqualified and/or ineligibte Guest Teachers to be engaged. fo} The Guest Teachers would be getting honorarium on the basis of Direct Renafit Transfer (DBT), therefore, their honorarium would be deposited dircctiy in their bank accounts. jot) There would be no room for practice of favouritism and nepotism or the same would be minimized. et {utl) There would be full transparency in the entire selection process for engagement of Guest Teachers and the State Government would be able to monitor the vacancy position as well as the data regarding the Guest Teachers as to where they are working Bey and what ts their quatifteatton. _ Joti) Further, the guest teacher portal hat alaa provided cet Jor a helpdesk and feedback mechanism for the Sf. 5 candidates and guest teachers. LS Copy of the circular dated 07.07.2018 is marked herewith as Annexure-R/10. 21. That, it is further submitted that the aforesaid policy has been made by taking into consideration the minimum qualification for the Teachers as stipulated by i the National Council for teachgrs Education (NCTE} through notification dated 12.1).2014. Copy of thenotification dated 12.11.2014 is marked herewith as, Annexure-R/11. 22. That, it is further submitted that the aforesaid circular also takes into consideration the provisions of Right of Chidren to Free and Compulsury Education Act, 2009 ~ as well the rules made there wader which stipulates that there has to be a Primary School within a radius of 1 km. and a Middle School within a radius of 3 k.m. and for such an arrangement, the vacancies of Guest Teachers to be engaged in every Primary and Middle Schools are widély circulated. 23. That it is further submitted tae aloresuid circular would be implemented in respect of 1,21,000 Schools approximately all over the state benefiting 93,00000 students in the stare. 24. That, it is Curther submitted that pursuant to the said registration process, 2,06,806 candidates have applied for being engaged as Guest Teacher and as on 07.09.2018, as per the portal. 51,753 Guest Teachers “ have olrendy been engaged and they have started rendering their scrvices in their respective Schools and vul of this, $8,551 candidates who were engaged in carlier academic session, have been re-engaged. Thus, approximately 75% of the Guest Teachers who were ..Working in the earlier academic session, have again been chgaged as Guest Teachers bs That, the apprehension of the petitioners that Guest “. Teathers are being replaced by another Guest Teacher is ‘tdisconceived. {t is submitted that only the candidates sihterested for being engaged as Guest Teacher, were rcouired to register onlinc so as to ensure the transparency in the selection process. It is further submitted that the criteria for preparation of panel has not been changed from the previous years,u 26. That, from the number of candidates who have applied online for heing engaged as Guest Teacher i.¢. 2,06,806 the answering respondents have reasons to believe that most of the petitioners in various petitions have also got themselves registered for being engaged as Guest - Teachers. 27. That it is submitted that none of the petitioners have pleaded that they have not applied in the online process and thus it can reasonably be presumed that most of the petitioners have applied for online registration, 28. That, it is submitted that many of the petitioners are apprehending that their Schools, where they are rendering their services, may change and they are challenging the Circular dated 07.07.2018. 29. That, once petitioners have also participated in online selection process, now they cannot challenge the Circular dated 07.07.2018 on the ground that the same is discriminatory in nature and is arbitrary, unjust and impeoper. It is submitted that once the petitioners have participated in the online selection process, they are bound by the principle of estoppel from challenging the circular dated 07.07.2018. ay! “390, That it ig submitted that the matter was listed for consideration before this Ilon’ble Court on 04 09.2018 7h wherein this Hor’ble Court was pleased to observe that |. “In the meantime, no further appointment of Guest Teacher shall he made by the State’. : “31, That, pursuant to the direation passed by this Hon’ble v Court. an order was issued on 04.09.2018 wherein it was informed to all concerns that no further engagement/arrangement of Guest Teacher be made. The said order dated 04.09.2018 was also uploaded on the Rducation Portal and the same is still visible in the imc ein: ta: i cb nid a iii sn32. 34, Education Portal. Copy of the order dated 04.09.2018 is marked herewith as Apnexure-P/12. . That the submissions of the petitioners that their services were removed is absolutely misconceived and denied in totality. It is submitted that no appointment order are generally issued to the petitioners and on the basis of availability of vacancies, Guest Teachers were invited and they were engaged purely on temporary basis Jor a definite period. it is further submited that even otherwise the Guest Teacher do not have any vested Hight to continue fer indefinite period. ‘That as per the policy generally no order of appointment was issued, then the question of terminating/remeving tae services of the petitioners does not arise and the said contention of the petitioners is misconceived and denied in totality. The petitioners were fully aware that their engagement as Guest Teacher is for definite period and on completion of the said period, their engagement would automatically come to an end. That so far as challenge to the instructions dated 98.08.2018 is concerned, it is submitted that the said instructions were issued fer complying with the interim orders passed by various Benches of this Hon'ble Court in order to avuid further litigations including initiation ,, ol contempt proceedings. If any instruction is issued for complying the urders passed by this Hon'ble Court, the saéae cannot be said to be in any manner arbitrary, ‘just and improper. Thus, the chalienge to the said instructions dated 08.08.2018 is misconceived and denied in totality. That il is further submitted that in case of the School cducation department the engagement of guest teachers is done to meet out the temporary vacancies which Occur due the contingencies mentioned in clause 1 of "3 the impugned circular. In case of the School education department the online registration process is being conducted for the first time thus the petitioners cannot claim parity with the higher education department as the same is distinguishable on facts and thus the said assertion of the petitioner is denied. 36. That, it is further submitted that the answering respondents have already initiated selection process for appointment of regular teachers and a communication in thet regard has already been sent to the M.-P. Professional Examination Board on 01.09.2018. Copy of the order dated 01.09.2018 is marked herewith as Annexure-B/13. 37. That in view of the submissions made hereinabove, no case is made out for warranting interference of this Hon'ble Court in exercise of its oxtraordinary writ jurisdiction under Article 226 ef the Constitution of India, The petition being bereft of merit deserves to be le dismissed. "ag That the answering respondents are not filing parawise reply but crave teave of this Hon’ble Court to reserve their right to fle the same as and when occasion so 4, arises or this Hon’ble Court directs. 49. An affidavit is filed herewith in support of. Jabalpur 10/09/2018 COUNSEL FOR RESPONDENTS vite th ihc asicIN THE HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT JABALPUR W.P.No.18935/2018 PETITIONERS : Sourabh Singh Baghel and others Versus RESPONDENTS State of M.P. & others AFFIDAVIT I, A. K, Tripathi, S/o Shri R.G. Tripathi, Aged about 60 years, Presently posted as District Education Officer, Rewa, District Rewa (MP), do hereby make oath and state as under: 1. That 1 am the Officer-In Charge of the present case and the instant reply has been drafted on my instructions and I have read & understood its contents. ey 2. That the contents of paras 01 to end of the instant reply are based on the information derived from Te. official records which I believe to be true and the , NAdocuments annexed with the instant reply are true ee 4 ‘bopies of their testimonials. 710 SF? pata RA VERIFICATION 1, A.K. Tripathi, the above named deponent, do hereby verify that the contents of paras O1 and 02 of (Wr above affidavit are true to my personal knowledge. Vases \ Qeiveglartiied and signed on this 10% day of September ARQ Os. SeFeatyabalpud he ee se iie 1 HIGH COURT OF MADHYA PRADESIT ‘WP No,17630/2018 (Devendra Rawat & Others \, State of MP & Others) Gwalior, Dated : 08.08.2018 ghui $.S. Rawat, learned counse' for the petitioners. Shri Abhishek Mishra, learned Government Advocate Patitioners have filed this petition being aggrieved by order dated 07.07.2018 passed by the Deputy Secretary, School Education Department, Baopa, whereby in pera 1.1, certain cortingencies have been mentioned under which vacant posts of faculty can be filled up. These contingencies are es under == a. matty Rate at aRTETe TT y tosh fran /Rider BAPTA 18 er Rese /stie fom wher /stefoRR sere eH Re EL 11g Reider S yt / Tyas day sea eae / Rew & Age eam oem wa mm/s ap a PATE eee. Bia § ee TH mI 15 oat ive # Oe L/SHifh (eet OF ant 8 2. This circular clso orovices 2 thre firmit for filfing up of such posts. In pare 7, it is mentioned that in Primary and Middle School, the list showing attendance of such guest faculty will be uploaded upto 26" July, 2018. Similarly, for High Schoo! andae ays 2 HIGH COURT OF MADIIVA PRADESH. WP No.17830/2018 (ovendra Rawat & Ollics ¥ Slate of MP & Others) ‘Gwalior, Dated : 08.08.2018 Higher Secondary School, such list of teachers, who submit their joining, is to be uploaded on the portal upto 24" July, 2018 3. Petitioners' contention is that the petitioners. are guing to be replaced as 2 guest faculty and, therefore, pray for staying operation of order Annexure P/1. 4. Petitioners have placed reliance on the judgment of Hon'ble Coordinate Sench of this Court dated 93.08.2018 passed in WP No.17286/2018 (Rajesh Singh Kamath v. State of MP), wherein the Coordinate Bench of this Court has categorically mentioned that “this Court is unable to concur with the sald interim views of the coordinate benches since grent of similar iriterim order shall take eway the privilege of the State to carry out an annual, exercise of subjecting the candidature of petitioners to scrutiny for deciding the question of their academic session. It revengagement for the ne would further grant ticence to guest faculty to continue indefinitely.” 5. Thereafter, the Hon'ble Coordinate Bench noted that however to protect the interest of petitioners and the State, it is directed that tn the meantime the impugned advertisement P/1 shall not come in way of the respondents if they intend to consider petitioners for further fresh appointment as n3 HIGH COURT OF MADHYA PRADESH WP No.17830/2018 (Devendra Rawat & Others ¥. Stato of MP & Others) Gwalior, Dated : 08.08,2018 guest faculty in the current/next academic session. There is no direct'on to the State or any direction to necessarily continue the petitioners, who were working as guest faculty. Thus, the petitioners’ reliance on the said judgment of the Coordinate Bench of this Court in Rajesh Singh Kamath v, State of MP (supra) \s misplaced because the Coordinate Bench of this Court in the case of Rajesh Singh Kamath v. State of MP (supra) has not granted any stay on continuance of the quest faculty. It has only given liberty to the State Government to consider their candidature if required, 6. Another issue, which was not canvassed before the the Hon'ble Coordinate Bench, is that the last date for uploading the name of such guest faculty was 28" July, 2018 as per the advertisement (Annexute P/1). Petitioners have not been able to point out despite their being a categorical and specific query that anybody else has been appointed In place of the petitioners and anybody's name has been uploaded on the portal in place of the petitioners. 7. In absence of there being any appointment in place of the petitioners, the petitigns merely on the basis of apprehension are not to be entertained and it is for the petitioners to show specific cause ofslic Siac tani at qe) 4 ‘HIGH COURT OF MADHYa PRADESH. WP No,17830/2018 Wevendra Rawat & Other v, State of MP & Others) Gwaligr, Dated 1 08,06,2018 action for filing @ petition and seeking specific relief. 8. As the petitioners have failed to show any specific cause against them inesmuch as, as noted above, they have not been able to point out that anybody's name has been uploaded on the portal in place of the petiticners and have also not been able to, thus, show any cause of action in favour of them, this petition fails and is dismissed. 8. AS has been noted by the Hanthle Coordinate Bench In the case of Rajesh Singh Kamath v. State of MP (supra), the interest of the petitioners and the State ere to be balanced and it will be open to the respondents to consider the candidature of the petitioners for fresh appointment as guest faculty, if they so desire, but that will not grant any licence to the petitioners to continue as guest faculty indefinitely. (Vivek Agarwal) Judge Digitally signed by MEHFOOZ ARMED Date: 2018.08.08 Ta:4404 +08307 1 HIGH COURT OF MADHYA PRADESIT WP No.17289/2018 CAlss Gunjan Jaiswut & Others ¥. State of MP & Others) Gwalior, Dated : 10,08,2018 Shri Rejnish Shera, learned counsel for the pettioners, Shri Abhishek Mishra, leamed Government Advocate for the respondents State, Heard, Petitioners have filed this petition being aggrieved by order dated 07.07.2018 passed by the Deputy Secretary, School Education Department, Bhopal, whereby in para 1.1, certain contingencies have been mentioned under which vacant posts of faculty can be filed up, These contingencies are as under :- 1 after Rene a serra eT TT 1% Fo S om F oA frat a ea oe var a aT — aa Wen wR wee Ree ye Er wa 112 Pah Ree /fieer oa is % ooo ote 8 Ree /stiasera hes /smaiap SHEET OR We A fear 11 Safror $ wae / ees ae oor wa w/fter oe seo ne ws URE /feeria ai a Sire, /Oxs. (92 often TAs & ott ® 16 ST sas /om area wee vet Ren oh orewar ae ge Fy 2, This circular also provides a time limit for filling up of sueh posts. In para 7, it is mentioned that in Primary and Middle School, the list showing attendance of such guest faculty will be uploaded uncilia aici, 2 HIGH COURT OF MADHYA PRADESH WP No.17289/2018 {Miss Gunjan Jaiswal & Others x: State of MP & Others) Gwalior, Dated ; 10.08.2018 upto 28" July, 2018. Similarly, for High Schoo! ang Higher Secondary School, such list of teachers, who submit their joining, is to be uploaded on the portal upto 24" July, 2028. 3. Petitioners’ ccntertion is that the petitioners are going to be repleced as 2 guest faculty and, therefore, pray for staying operation of order Annexure P/1. 4. Petitioners have placed reliance on the judgment of Hon'ble Coordinate Bench of this Court dated 03.08.2018 passed in WP No.17288/2018 (Rajesh Singh Kamath v, State of MP), wherein the Coordinate Bench of this Court has categorically mentioned that “this Court is unable to concur with the said interim views of the coordinate benches since grant of similar interim order shall take away the privilege of the State to carry out an annual exercise of subjecting the candideture of petitioners to scrutiny for deciding the question of their Te-engagement for the new academic session. It would further grant licence to guest faculty to continue indefinitely.” 5, Thereafter, the Hon'ble Coordinate Bench noted that however to protect the interest of petitioners and the State, it is directed that in the meantime the impugned advertisement P/1 shall not come in way of the respondents if they intend to3 HIGH COCRT OF MADHYA PRADESH ‘WP No.17289/2018 (otiss Gunjan Julswal & Others v. State of MP & Others) Gwalior, Dated ; 10.08.2018 consider petitioners for further fresh appointment as quest fac There is no direction to the State or any direction to ity in the current/next academic session. necessarily continue the petitioners, who were working as guest faculty, Thus, the petitioners’ reliance on the said judgment of the Coordinate Bench of this Court In Rajesh Singh Kamath v. State of MP (supra) Is misplaced because the Coordinate Bench of this Court In the case of Rajesh Singh Kamath v. state of MP (supra) has not granted any stay on continuance of the guest faculty. It Ras only given liberty to the State Government to consider their candidature if required. 6. Learned counset for the petitioners has placed reliance on the judgment of the Hon'ole Supreme Court in the case of Hargurpratap Singh v, State of Punjab as reported in (2007) 13 SCC 292, but the facts of that case are distinguishable to support. the contention thet services of the petitioners cannot be terminated arbitrarily ang they are entitled for the rellef of regularization, minimum payscale end to continue in their present place until regular appointments are made. 7. The facts of the case are distinguishable invsmuch as the petitioners in the case of Hargurpratap Singh (supra) were eppointed on an