Madhya Pradesh High Court Stays Appointment Of Govt College Principal For Not Giving Charge To Senior Most Professor

The Madhya Pradesh High Court has stayed the appointment of a Junior Professor as the Principal of government girls' college on the ground that the procedure as per the circular for giving the charge of the Principal to the senior most Professor had not been followed.The court was hearing a plea by an individual stated to be the senior most professor working in the college who had challenged the appointment of the respondent as the principal. A single judge bench of Justice Vishal Mishra observed, “It is for the respondents to demonstrate that he is actually made a Professor prior to the petitioner, therefore, procedure in terms of the circular issued by the Government for giving the charge of the Principal to the senior most Professor has not been followed in the present case. Under these circumstances, this Court deems it appropriate to grant interim relief to the petitioner. Therefore, the effect and operation of the order impugned dated 08.11.2024 (Annexure P/6) so far as it relates to granting of charge of Principal to the respondent No.5 is directed to be stayed till the next date of hearing. Four weeks' time is granted to the State to file response to the petition.”The petitioner is a Professor at the Govt. M H Home Science Girls P. G. College (Govt. Autonomous), Jabalpur since February 2012. He is the senior most Professor and had applied for posting as In-charge Principal under the circular issued by the respondents/State Government.However, the respondent state authorities posted Respondent No. 5 as the in-charge principal of the college concerned, despite the fact that Respondent No. 5 was more than 6 years junior to the petitioner. It was argued that respondent No.5 had been working as a Professor at the college only since 2018. Thus, it was argued, that evidentally respondent was six years' junior to the petitioner. Thus the circular issued by state government which directed that charge of the Principal is required to be given to the senior most Professor was not considered by the authorities while granting charge to the respondent No. 5.He thus sought stay of the respondent no. 5's appointment order. The counsel for Respondent No. 5 submitted that since no explanation for delay in filing the instant petition has been filed, therefore, the petitioner cannot claim any right by virtue of the order passed in earlier writ petition. It was further submitted that Respondent No. 5 had fulfilled all criteria required and sat in an interview, thus, in terms of his qualification, he is entitled to be designated as Professor prior to the petitioner. After hearing the parties, the Court noted that the respondent No. 5 had been working as Professor since June 2018 and the petitioner had been working on the post of Professor since February 2012.“It may be a case that the respondent No.5 may be eligible for being designated as a Professor prior to the petitioner but the fact remains that he has been made Professor in June, 2018 which is reflected from the documents and the same is not disputed.”, the Court said.Therefore, the Court stayed the effect and operation of the order granting of charge of Principal to the Respondent No. 5.The Court has granted four weeks' time to State to file a response. “The respondent No.5 is also at liberty to file a detailed reply to the petition along with the application for vacating stay.”, the Court said.The matter is listed after four weeks.Case Title: Dr. Girish Verma Vs The State Of Madhya Pradesh And Others, Writ Petition No. 11987 Of 2025Click Here To Read/Download Order

Madhya Pradesh High Court Stays Appointment Of Govt College Principal For Not Giving Charge To Senior Most Professor

Anukriti Mishra

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