1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6702 of 2025 1 - Kamlesh Kumar Deshmukh S/o Shri Mahang Ram Deshmukh Aged About 37 Years Presently Working As Guest Teaching Assistant (Political Science) At Hidma Manjhi Govt. College, Katekalyan, District - South Bastar Dantewada Chhattisgarh R/o Village - Jhalmala, Tahsil And District - Balod Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh 2 - Commissioner Directorate Of Higher Education, Indravati Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh 3 - Additional Director Higher Education, Regional Office, Bastar Division Chhattisgarh 4 - Principal Hidma Manjhi Govt. College, Katekalyan, District - South Bastar Dantewada Chhattisgarh ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Anukul Biswas, Advocate For Respondent(s)/State : Mr. Anmol Sharma, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 14/07/2025 1. The petitioner has filed the present writ petition claiming the continuation of his services as Guest Lecturer (Political Science) for the Academic Session 2025-26 subject to submission and verification VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.08.25 18:11:46 +0530 2 of his Ph.D. degree and claimed the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to continue his services as Guest Lecturer (Political Science) for the academic session 2025-26, subject to submission and verification of his Ph.D. degree certificate by 31.07.2025. 10.2 That, this Hon'ble Court may kindly be pleased to declare any recruitment advertisement issued for the Guest Lecturer (Political Science) post for Hidma Manjhi Govt. College, Katekalyan, District South Bastar Dentewada (C.G.) curing the pendency of this petition as null and void qua the petitioner. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 2. Learned counsel for the petitioner would submit that, the petitioner was initially appointed as Guest Lecturer on 15.10.2019 at Hidmamanjhi Govt. College, Katekalyan, District South Bastar, Dantewada. He continued his services as Guest Lecturer for every academic session till 2023-24. With the permission of the respondent No.4, he appeared for the entrance examination for Ph.D. programme at Bharti University, Durg and completed the course through online mode. On 27.05.2025, he submitted the thesis for evaluation after approval of his Research Supervisor. In the meantime, the State Government introduced Guest Lecturer Policy, 2024 for the post of Guest Lecturer and other related posts for Govt. of Chhattisgarh and as per the provisions of the policy, the Guest Lecturer other employees can be appointed against regular vacant posts subject to the applicants possessing minimum required qualifications and as per the priority order, the candidate who is having Ph.D. degree should be given priority and they NET/SET qualified and 3 M.Phil degree holder would come. On 03.06.2025, the petitioner preferred his representation to the authorities for extension of time till 31.07.2025 to submit his Ph.D. degree for continuation of his service in Academic Session 2025-26 submitting that his Ph.D. research work is in final stage and very soon it will be finalized, and therefore, the petitioner may be allowed to continue in his service in the Academic Session of 2025-26. 3. On the other hand, learned counsel appearing for the State, on instructions, opposed and would submit that, although the petitioner was earlier working as Guest Lecturer in the college, but after coming into force of Guest Lecturer Policy, 2024, the appointment and service conditions are governed with the policy of 2024, and if the minimum qualification is prescribed for Guest Lecturer, the petitioner has to fulfill the said criteria. Merely because of the reason that he has already submitted his thesis and very soon Ph.D. degree would be awarded to him, is not sufficient reason to extend the time. Merely anticipation that he would be awarded Ph.D. degree very soon, is no ground to consider that he is having minimum requisite qualification for the post of Guest Lecturer provided under the policy of 2024, therefore, there is no merit in the writ petition and the same is liable to be dismissed. 4. I have heard learned counsel for parties and perused the material available in the petition. 5. Admittedly, the petitioner is not possessed Ph.D. degree. Clause 6.5 of the Guest Lecturer Policy, 2024 provides the preference to be given firstly to Ph.D. degree holder and then NET/SET cleared and thereafter M.Phil degree holder, which reads as under:- 4 “6.5 अतिथि व्या ख्या / ग्रंपा ल / क्रीडा अथिका री का वरीया सूची में प्रा तिमेंका क्रीमें तिम् सू री gksxk%& श्रे!णी- 1 सूबंथि तिवषया में पा-एची.डा. श्रे!णी- 2 !ट/सू!ट पारीक्षा उत्तीणी* श्रे!णी- 3 सूबंथि तिवषया में एमें.ति+ल. रीका” 6. When the specific educational qualification is provided to the candidates for preference, the same cannot be relaxed only on the ground that the candidate had submitted his thesis and very soon the Ph.D. degree would be awarded to him. On the date of advertisement, if the petitioner fulfills the requisite qualifications for eligibility, he can participate in the selection process, of course, he is entitled for priority in view of his earlier appointments as Guest Lecturer in the college, but if he does not possess the requisite qualifications under the applicable rules, he may not be participated in the selection process and only on the basis of apprehension that he would be awarded Ph.D. degree very soon, he cannot be declared eligible, therefore, the claim of the petitioner is misconceived and the writ petition is bereft of merits. 7. Accordingly, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved