Ravi Kumar Suryavanshi v. State of Chhattisgarh

• Yanju Thakur D/o Shri Jagmohan Thakur Aged About 33 Years Working As Guest Lecturer (Chemistry) At Naveen Govt. College Makdi, District : Kondagaon, Chhattisgarh ------Petitioner VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal, Govt. College Makdi, District Kondagaon Chhattisgarh. -------Respondents WITH WPS No. 3522 of 2023 • Ashish Kumar S/o Shri Rajendra Nath Aged About 32 Years Working As Guest Lecturer (Geography) At Govt. Digvijay Autonomous PG College, Rajnandgaon Chhattisgarh. ------Petitioner VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal, Govt. Digvijay Autonomous PG College Rajnandgaon, Chhattisgarh. 2 WITH -------Respondents WPS No. 3523 of 2023 • Pawan Kumar Singh S/o Shri Ganesh Singh Aged About 34 Years Working As Guest Lecture (Commerce) At Govt. Larangsai PG College Ramanujganj, Distt. Balrampur-Ramanujganj (C.G.) ------Petitioner VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal Govt. Larangsai PG College Ramanujganj, Distt. Balrampur-Ramanujganj (C.G.) -------Respondents WITH WPS No. 3525 of 2023

#1. Chandresh S/o Shri Onkar Lal Aged About 30 Years Working As Guest Lecturer (Botany) At Late Shri D.P.J. Choubey Govt. College, Gandai, District Rajnandgaon Chhattisgarh

#2. Golu S/o Shri Chain Das Aged About 25 Years Working As Guest Lecturer (Sociology) At Late Shri D.P.J. Choubey Govt. College, Gandai District Rajnandgaon Chhattisgarh

#3. Narayani Soni W/o Shri Vikrant Soni Aged About 28 Years Working As Guest Lecturer (Maths) At Late Shri D.P.J. Choubey Govt. College, gandai, District Rajnandgaon Chhattisgarh ------Petitioners VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal Late Shri D.P.J. Choubey Govt. College, Gandai, District Rajnandgaon Chhattisgarh -------Respondents WITH WPS No. 3528 of 2023 • Dr. Bhawani Pradhan W/o Shri Shesh Deo Pradhan Aged About 44 Years Working As Guest Lecturer (Hindi) At Govt. Arts and Commerce Girls College, Devendra Nagar, Raipur, District : Raipur, Chhattisgarh ------Petitioner VERSUS 3

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal Govt. Arts and Commerce Girls College, Devendra Nagar, Raipur, District : Raipur, Chhattisgarh -------Respondents WITH WPS No. 3530 of 2023

#1. Rajeshwar Sen S/o Shri Shiv Kumar Sen Aged About 29 Years Working As Guest Lecture (Chemistry) At Govt. Naveen College Bhairamgarh, District Bijapur (C.G.)

#2. Paras Kumar Dahariya S/o Shri Gopalram Dahariya Aged About 28 Years Working As Guest Lecture (Commerce) At Govt. Naveen College Bhairamgarh, District Bijapur (C.G.) ------Petitioners VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal Govt. Naveen College Bhairamgarh, District Bijapur (C.G.) -------Respondents WITH WPS No. 3531 of 2023

#1. Devendra Kumar S/o Shri Kishan Lal Aged About 26 Years Working As Guest Lecturer (Physychology) At Bhanupratapdev Govt. PG College, Kanker, District - North Bastar Kanker, Chhattisgarh.

#2. Deepak Nishad S/o Shri Utter Kumar Nishad Aged About 30 Years Working As Guest Lecturer (Chemistry) At Bhanupratapdev Govt. PG College, Kanker, District - North Bastar Kanker, Chhattisgarh. ------Petitioners VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal, Bhanupratapdev Govt. PG College, Kanker, District - North Bastar Kanker Chhattisgarh. -------Respondents WITH WPS No. 3532 of 2023

#1. Devendra Kumar S/o Shri Kashi Ram Aged About 25 Years Working 4 As Guest Lecturer (Physics) At Govt. Khemraj Laxmichand Arts, Commerce And Science College Bagbahra, District Mahasamund Chhattisgarh

#2. Smt. Niosha Ramteke D/o Shri Yuvraj Meshram Aged About 34 Years Working As Guest Lecturer (Botany), At Govt. Khemraj Laxmichand Arts, Commerce And Science College Bagbahra, District Mahasamund Chhattisgarh

#3. Akhilesh Prajapati S/o Shri Jeevan Lal Prajapati Aged About 30 Years Working As Guest Lecturer (Sociology) At Govt. Khemraj Laxmichand Arts, Commerce And Science College Bagbahra, District Mahasamund Chhattisgarh ------Petitioners VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal Govt. Khemraj Laxmichand Arts, Commerce And Science College Bagbahra, District Mahasamund Chhattisgarh -------Respondents WITH WPS No. 3533 of 2023 • Ved Kumar Painkra S/o Shri Mangal Singh Painkra Aged About 38 Years Working As Guest Lectiurer (Hindi) At Govt. Larangsai PG College Ramanujganj, District : Balrampur, Chhattisgarh ------Petitioner VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal Govt. Larangsai PG College Ramanujganj, District : Balrampur, Chhattisgarh -------Respondents WITH WPS No. 3534 of 2023

#1. Mandakini D/o Shri Manmohan Singh, Aged About 31 Years Working As Guest Lecturer (Sociology) At Govt College Vishrampuri, District : Kondagaon, Chhattisgarh

#2. Soni Singh D/o Shri Virendra Singh Aged About 32 Years Working As Guest Lecturer (Political Science) At Govt College Vishrampuri, District : Kondagaon, Chhattisgarh ------Petitioners VERSUS 5

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal, Govt College Vishrampuri, District : Kondagaon, Chhattisgarh -------Respondents WITH WPS No. 3535 of 2023 • Hemend Kumar S/o Shri Ganesh Ram Aged About 30 Years Working As Guest Lecturer (Zoology) At Govt. Swami Atmanand PG College Narayanpur, District : Narayanpur, Chhattisgarh ------Petitioner VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal, Govt. Swami Atmanand PG College Narayanpur, District : Narayanpur, Chhattisgarh -------Respondents WITH WPS No. 3536 of 2023 • Kiran Yadav D/o Shri Manmohan Yadav Aged About 31 Years Working As Guest Lecturer (Zoology) At Govt. Naveen College Kui- Kukdur, District Kabirdham (C.G.) ------Petitioner VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal Govt. Naveen College Kui-Kukdur, District Kabirdham (C.G.) -------Respondents WITH WPS No. 3537 of 2023 • Narendra S/o Shri Sukalal Aged About 29 Years Working As Guest Lecturer (English) At Govt. College, Ramchandrapur, District Balrampur - Ramanujganj, Chhattisgarh. ------Petitioner VERSUS 6

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal Govt. College, Ramchandrapur, District Balrampur - Ramanujganj, Chhattisgarh. -------Respondents WITH WPS No. 3538 of 2023 • Manu Narayan Sarthi S/o Shri R. P. Sarthi Aged About 27 Years Working As Guest Lecture (Maths) At Govt. College Kandel, District Dhamtari (C.G.) ------Petitioner VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal Govt. College Kandel, District Dhamtari (C.G.) -------Respondents WITH WPS No. 3540 of 2023 • Angha Sharma D/o Shri Bhupendra Sharma Aged About 25 Years Working As Guest Lecturer (Music), At Govt. D.B. Girls P G (Autonomous) College Kalibadi Chowk, Raipur District Raipur Chhattisgarh ------Petitioner VERSUS

#1. State of Chhattisgarh Through The Secretary, Department of Higher Education, Mahanadi Bhawan Mantralaya, Naya Raipur, District Raipur Chhattisgarh

#2. Additional Director, Directorate of Higher Education Department, Atal Nagar, Raipur, District Raipur Chhattisgarh.

#3. Principal D.B. Girls PG (Autonomous) College Kalibadi Chowk, Raipur District Raipur Chhattisgarh -------Respondents (cause title is taken from Case Information System) For Petitioners : Mr. Jeet Ram Patel, Advocate For State : Mr. Sandeep Dubey, Dy. Adv. General, Mr. Ravi Bhagat, Dy. Govt. Advocate, Ms. Ruchi Nagar, Dy. Govt. Advocate, Mr. Vikas Shrivatava, Panel Lawyer, Mr. Roshan Dubey, Panel Lawyer, Mr. Anmol Sharma, Panel Lawyer, Mr. Kapil Maini, Panel Lawyer. 7 Hon'ble Shri Parth Prateem Sahu, Judge 13 /06/2023 ORDER

#1. Learned counsel for petitioners submits that petitioners were engaged as Guest Lecturer of different subjects in different colleges with Respondent No. 3 in all the writ petitions for the academic session 2022-23. They have successfully completed the academic session without any complaint. As the academic session came to an end, petitioners are apprehending that respective Respondents No. 3/ Colleges may issue fresh advertisement for appointment of Guest Lecturer of the concerned subjects for which petitioners were engaged. The colleges are adopting the measures of issuing advertisements for appointment of Guest Lecturers in each academic session which is highly arbitrary. Guest Lecturer like petitioners are unnecessarily forced to approach this court by way of filing writ petition to seek protection of the Court. In support of his contention, he places reliance upon decision of Manju Gupta and others vs. State of Chhattisgarh and others [WPS No. 4406/2016,

27.02.2017] whereby similarly placed Guest Lecturers under the Director (Industrial Training Institute) have been granted protection from being replaced by another set of Guest Lecturers. He also relied upon decision of Hon’ble Supreme Court in the case of Manish Gupta and another etc. vs. President, Jan Bhagidari Samiti and others [(2022) 6 SCALE 780].

#2. Learned State counsel submits that petitions are pre-mature as the petitioners have already completed one academic session for which they were appointed as Guest Lecturers and as per the Circular/ Instructions issued by the State Government the Guest Lecturers are to be appointed only when regular post of subject lecturer is vacant in the Institution. Petitions are filed only on apprehension of being 8 replaced by another Guest Lecturers.

#3. I have heard learned counsel for the parties.

#4. True it is that in the case of Manju Gupta (supra) this Court observed that the status of petitioners therein to be Guest Lecturer but that does not mean that they do not have any right. There is always a legitimate expectation of the petitioners and held thus: “10. Taking into consideration the decision of the Supreme Court in the case of Piara Singh (supra) and which has been further reiterated in the case of Dr. Chanchal Goyal (supra), this Court has no hesitation in reaching to the conclusion that the advertisement (Annexure P-1) so issued by the Respondents is definitely not in the interest of the students undertaking training at Industrial Training Institute, Ambikapur, and the same would amount to violation of Article 21 of the Constitution of India and the same therefore deserves to be and is accordingly quashed. The advertisement would be deemed to be quashed only to the extent of the recruitment against the posts at which the petitioner are discharging. That is to say, the Respondents would be entitled to fill up the posts which are lying vacant by way of Guest Lecturers where there are no Guest Lecturers available.

#11. It is directed that the Respondents would not be entitled for filling up the posts of Guest Lecturer by replacing the petitioner unless the Respondents come up with a stand that the services of the petitioner were dis-satisfactory. The quashment of the advertisement issued by the Respondents would also not come in the way of the Respondents for filling up of the sanctioned vacant posts by regular recruitment or by way of contractual appointment for which the Respondents shall be free.”

#5. However, considering the objection raised by learned State counsel with respect to maintainability of writ petition at this stage as no cause of action is arisen, on being asked, learned counsel for petitioners fairly submitted that as of now the Respondent No. 3/ Colleges have not issued fresh advertisement for appointment of Guest Lecturers on which petitioners were engaged in the last academic session.

#6. Considering the aforementioned submission of learned counsel for 9 petitioners, I am not inclined to entertain this writ petition at this stage because petition is filed only on apprehension. Respondents No. 3/ Colleges have not issued any advertisement till date for appointing Guest Lecturer of the subject on which petitioners were appointed. The respective colleges may or may not issue fresh advertisement for this academic session and therefore as of now no cause of action has arisen in favour of petitioners and therefore these petitions are dismissed at this stage. However, petitioners would be at liberty to approach this court again if any cause of action arise in future.

#7. In view of above, all the petitions stand disposed of. Sd/- (Parth Prateem Sahu) Judge /pāwān