JABALPUR, India, Nov. 10 -- Madhya Pradesh High Court issued the following judgment/order on Oct. 13:

1. This order will dispose of W.P.Nos.4298/2024, 6124/2024, 14298/2024, 9741/2025, 11080/2025 and 20603/2025 as the issue involved in all these petitions are in respect of the appointment of Guest Faculty Teachers against vacant posts of Assistant Professor.

2. In W.P.No.4298/2024, 9741/2025, 11080/2025, 20603/2025, the petitioners have challenged Clause 10.4 of the guidelines issued by the State Government for the purposes of appointments of Guest Faculty Teachers in Government Colleges of Madhya Pradesh on 05.10.2023, whereas in W.P.No.6124/2024 and 14238/2024, the petitioners have challenged Clause 2.4 of the said guidelines dated 05.10.2023.

3. The facts in brief are that the State Government has appointed Guest Lecturers of different subjects in Government Colleges against the vacant posts to teach the students in lieu of permanent employees. The appointments were made for a period of eleven months, thereafter the state government discontinued them and asked to apply once again for the purposes of appointment against regular faculty on the same posts, which was challenged by the various Guest Faculties before this Court in W.P.No.6159/2022 (Pradeep K. Yadav & Ors. Vs. State of M.P. & Ors.), which was decided by order dated 26.04.2022. The coordinate Bench of this Court has held that initially the appointments of the Guest Faculties were already made on the basis of eligibility criteria as applicable at the time of their appointment and once, they are found fit for appointment, there is no need to undergo the same process and documentation etc. and apply for fresh appointment after every eleven months. It is further held that so far as removing the teachers, who are found unfit to teach is concerned, the right of the State is always retained to that extent and the teachers those are not performing their duties cannot be allowed to continue, but the Guest Faculty those were already working cannot be replaced by the another set of temporary employees and they will be permitted to continue as Guest Faculty Teachers until and unless regular appointments are made and the State is always at liberty to call for the immediate fresh recruitment including appointment. The Supreme Court in Civil Appeal No.3084-3088 of 2022 (Manish Gupta & Ors. Vs. President, Jan Bhagidari Samiti & Ors.) by order dated 21.04.2022 has held that the Guest Faculties are entitled to continue to work on their respective posts, till regular selections are made and they will not be replaced by another set of temporary faculties.

4. By circular dated 05.10.2023, the Higher Education Department of State of M.P. issued guidelines for the purposes of appointment of Guest Faculties in Government Colleges of M.P., wherein the eligibility criteria was fixed for the post of Assistant Professor as Masters Degree in concerned/relevant subjects and clearance of National Eligibility Test (NET)/SLET/SET or Ph.D. degree. The procedure has been prescribed in Clause 2.4 for preparation of merit list and Clause 4 provides that in case of regular appointment by way of recruitment or transfer of a permanent employee, the Guest Faculty of lowest merit will be treated as fallen out, however, he will be entitled to apply for appointment as Guest Faculty against the vacant post in any other college. Clause 10.4 provides that the Guest Faculty, who is fallen out will not be entitled for re-appointment or any reservation/exemption in age in case he has not qualified National Eligibility Test or SLET/SET or awarded the Ph.D. Degree.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WP/9741/WP_9741_2025_FinalOrder_13-10-2025_digi.pdf)

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