JABALPUR, India, May 8 -- Madhya Pradesh High Court issued the following judgment/order on April 8:

1. The petitioner has put to challenge the advertisement dated 30.12.2024 to the extent that in the recruitment notified for teaching positions and colleges run by the State Government, Department of Higher Education, a provision for granting relaxation of age, reservation and bonus marks has been carved out for Guest Faculties teaching in Government Colleges, but no provision is carved out for Teachers working in other institutions.

2. The petitioner is not working as Guest Faculty in any college run by the Department of Higher Education, Government of Madhya Pradesh. She is not even employed with the Government of Madhya Pradesh in any capacity, but is working as Post Graduate Teacher in Kendriya Vidyalaya and is the employee of the Government of India.

3. This Court has considered the issue of those employees seeking benefit of relaxation and reservation as Guest Faculty for regular recruitment in W.P. No.8283/2025 in the following manner:-

1. "The present petitions have been filed by the Teachers, who state to be working as Guest Faculty in respondent No.4 - Institution and have put to challenge the advertisement dated 30.12.2024 to the extent that in the regular recruitment notified for teaching positions in colleges run by the State Government, Department of Higher Education, a provision has been carved out for granting relaxation in age, reservation and bonus marks for Guest Faculties teaching in Government Colleges, but no such provision has been carved out for the Guest Faculties working in the respondent No.4 - Institution, which is run by the respondent No.5 - Society.

2. It is the case of the petitioners that the petitioners are working in the respondent No.4 - Institution, which is run by respondent No.5 - Society and the said Society has been established by the State Government of Madhya Pradesh and has as members, various authorities of State Government as exofficio members in official capacity. It is further contended that the respondent No.4 is fully funded by the State Government and it is being run by respondent No.5 - Society in which there is a deep and pervasive control of the State Government, though the said Society is registered under the provisions of M.P. Society Registrikaran Adhiniyam, 1973.

3. It is also contended that as the respondent No.4 - Institution is receiving grant in aid from the State Government and the respondent No.5 - Society running the said institution has deep and pervasive control of the State Government in as much as various officials of the State Government are exofficio members in the said society, therefore, the discrimination being meted out to the petitioners and not granting benefit of bonus marks, age relaxation and reservation, which is being granted to Guest Faculties working in Government run Colleges, amounts to artificial discrimination and is arbitrary and illegal. It is also contended that it is hit by Article 14 of Constitution of India as there is no rational relation with any objective to be achieved.

4 . Per contra, it is contended by learned counsel for the respondents that relaxation cannot be claimed as a matter of right and further that the petitioners are not working in any Government College, but their allegation is that they are working in a college, which is run by the Society funded by the State Government. Therefore, since the recruitment is not for the respondent No.4 - Institution, but has been advertised for Government Colleges, therefore, the petitioners are not the persons, who are at the risk of losing their employments upon regular recruitment in the Government run colleges in the State.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WP/12781/WP_12781_2025_FinalOrder_08-04-2025_digi.pdf)

Disclaimer: Curated by HT Syndication.