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2025 DAILYLAW 4479 (CHH)

HARIHAR MALAKAR v. STATE OF CHHATTISGARH

WPS/619/2025 · 2025-01-31

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:5891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 619 of 2025 1 - Harihar Malakar S/o Shri Chamaru Ram Malakar, Aged About 29 Years R/o Village and Post Hirri, Tahsil Baramkela, District Sarangarh-Bilaigarh (C.G.). ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Naya Raipur, District Raipur (C.G.). 2 - Commissioner, Directorate of Higher Education, Block-3, Ii-Iii Floor, Indrawati Bhawan, Atal Nagar, Raipur (C.G.). 3 - Principal, Kirodimal Government Arts and Science College, (Degree College Raigarh), Chiranjeev Das Nagar, Raigarh, Chhattisgarh. 496001. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Jitendra Pali, Advocate For State/Respondents : Shri Ajit Singh, Government Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 31/01/2025 1. Learned counsel for the petitioner submits that the petitioner was performing his duties as a Guest Lecturer in Kirodimal College, Raigarh. The order of his appointment was for one academic session 2024-25. Earlier he was appointed for the academic session 2015-16 till date. However, at that time, no objections were raised. Now orally objections have been raised by the State authorities stating that during the performance of duties as Guest Lecturer, the Digitally signed by GOPAL SINGH Date: 2025.02.13 11:17:27 +0530 2 petitioner has obtained M.Phil (Master of Philosophy) Degree, as such his degree is not in accordance with law. When the objection was raised, a notice was issued to the petitioner and the petitioner duly replied the said notice in which he has stated reasons for getting the said decree. Now, orally the petitioner has been restrained from performing his duties as Guest Lecturer. 2. Learned counsel for the respondents/State submits that the M.Phil Degree was obtained by the petitioner, however, time of performing the duties as Guest Lecturer and attending the lectures of M.Phil Degree course were different and one can obtain the said degree of M.Phil while performing his duties. 3. Considering the fact that there is no impact of obtaining M.Phil Degree in performing the duties of Guest Lecturer and further considering the fact that the petitioner has not made any misrepresentation while doing the said course, further, there is no condition mentioned to restrain a Guest Lecturer to obtain M.Phil Degree while performing his duties as Guest Lecturer, I am of the opinion that the acts of the respondents authorities especially respondent No.3/Principal while restraining the petitioner from doing his work as Guest Lecturer is not in accordance with law and the period of appointment of the petitioner as Guest Lecturer for this session has not expired, as such the petitioner is allowed to continue as Guest Lecturer in the said Kirodimal College till the end of the current academic session. 4. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh