1 2026:CGHC:23163 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4192 of 2026 Smt. Sudha Pradhan W/o Rajeshwar Ram Bhagat Aged About 42 Years R/o Ward No.2 Tehsilpara Kusmi District- Balrampur- Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary Higher Education Department Mantralaya Mahandi Bhawan Atal Nagar Raipur District- Raipur (C.G.) 2 - Additional Director Directorate Of Higher Education Department Indrawati Bhawan Atal Nagar New Raipur District- Raipur (C.G.) 3 - The Principal At Government Agrasen College Belha District- Bilaspur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Prasoon Agrawal, Advocate For Respondent(s) : Shri Suyashdhar Badgaiya, Govt. Advocate SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.05.15 19:21:49 +0530 2 HON’BLE SHRI JUSTICE BIBHU DATTA GURU Order on Board 15.05.2026 1. Petitioner has filed this writ petition seeking following reliefs:- "10.1 That, this Hon'ble Court may kindly be pleased to issue an, order, or direction to the respondents to grant the appointment to the petitioner as Guest Lecturer (Sociology) at Government Agrasen College, Belha, District Bilaspur (C.G.). 10.2 That, this Hon'ble Court may kindly be pleased to quash or set aside the order dated 27.04.2026 issued by the respondent no.3. 10.3 The Hon'ble Court may kindly grant any other writ/ writs, order/ orders, relief/ reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner." 2. By the present petition, the petitioner has challenged the order dated 27.04.2026 passed by the respondent No.3 whereby the claim of the petitioner for appointment as Guest Lecturer under the displaced category has been rejected on the ground that in terms of Clause 9.2 of the Guest Lecturer Policy-2024, a vacant 3 post of Sociology is available in another college within the same Division and therefore the petitioner may apply there. 3. Learned counsel for the petitioner submits that the petitioner, a qualified academician in Sociology and former Assistant Guest Lecturer at Government Late Shri Mahli Bhagat College, Kusmi, became entitled to recognition as Guest Lecturer Grade-III after acquiring M.Phil. qualification in terms of Clause 6.8 of the Guest Lecturer Policy-2024. Pursuant to the order passed by this Court in WPS No. 247/2026, the respondent authorities recognized the petitioner as Guest Lecturer vide order dated 21.01.2026, thereby making her eligible for settlement under Clause 9 of the Policy. 4. It is further submitted that after retirement of a regular faculty member in Sociology, a vacant post became available in respondent No.3 college, against which the petitioner sought settlement under Clause 9.3 of the Policy. However, the respondent authorities rejected her claim vide impugned order dated 27.04.2026 on the ground that another vacancy was available at Government Lahiri P.G. College, Chirmiri. Learned counsel contends that the rejection is arbitrary and contrary to Clause 9.3 of the Policy, which permits engagement of a displaced Guest Lecturer against a vacant post during mid- 4 session without fresh advertisement, despite availability of vacancy in the same college where the petitioner had applied. 5. Per contra, learned State counsel opposes the submission advanced by learned counsel for the petitioner and submits that the impugned order has been passed strictly in accordance with the Guest Lecturer Policy-2024. It is submitted that under Clause 9.2 of the Policy, displaced Guest Lecturers are required to seek settlement within the concerned Division against available vacancies and since one vacant post of Sociology was already available at Government Lahiri P.G. College, Chirmiri, the petitioner was rightly advised to apply there. Learned State counsel further submits that no indefeasible or vested right accrues in favour of the petitioner to claim appointment in a particular college of her own choice merely because a vacancy exists there. It is argued that engagement of Guest Lecturers is purely policy based and temporary in nature and therefore no interference is warranted in exercise of writ jurisdiction. 6. I have heard learned counsel for the parties and perused the documents appended with the writ petition. 7. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that the impugned order 5 specifically records that pursuant to the earlier order passed by this Court in WPS No.2727/2026, the claim of the petitioner was considered in accordance with the applicable policy. The respondent authorities thereafter sought information from the Regional Additional Director, Higher Education, Surguja Division regarding availability of vacant posts in Sociology and it was informed that vacancy is available at Government Lahiri Post Graduate College, Chirmiri, District MCB. 8. Clause 9.2 of the Guest Lecturer Policy-2024 clearly provides that displaced candidates of Category-1, 2 and 3 may apply against vacant posts in another institution within the same district and where no vacancy exists in the district, then in another district within the same Division. Therefore, the respondent authorities have rightly applied Clause 9.2 of the Policy while considering the case of the petitioner. 9. This Court is of the considered opinion that merely because a vacancy may be available in a particular college, no vested or indefeasible right accrues in favour of the petitioner to seek appointment in that institution alone. The action of the respondent authorities cannot be said to be arbitrary or contrary to the Policy warranting interference under Article 226 of the Constitution of India. 6 10. Accordingly, finding no merit in the present petition, the same deserves to be and is hereby dismissed. Sd/- (BIBHU DATTA GURU) JUDGE Shoaib