Kanhaiya Lal Parmar vs The State Of Madhya Pradesh

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026

IN THE HIG
GH COURT OF MADHYA PRAD
DESH
AT INDORE
BEFORE
HON'BLE
E SHRI JUSTICE JAI KUMAR PILLA
AI
WR
RIT PETITION No. 4082 of 2026

KANH
HAIYA LAl PARMAR AND OTHERS
Versus
THE STATE
E OF MADHYA PRADESH AND OTHE
ERS
Appearance:-
Shri K.C. Raik
kwar - Advocate for the petitioners
Shri Kushagr
respondents/State
ra Singh – Deputy Government Advoca
ate for the

Reserved on :- 23.02.2026
Post on :- 25.02.2026
--------------------
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Signature Not Verified
Signed by: RASHMI
PRASHANT
Signing time: 26-02-2026
11:13:53

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ORDER
This writ pe
etition, instituted under Article 226
of the
Constitution of India
a, invokes the extraordinary jurisdiction
of this
Court. The petition
ners herein have laid a challenge
to the
advertisement dated
d 17.01.2026 (Annexure P/1) issued b
by the
Madhya Pradesh St
taff Selection Board, Bhopal. By way
of the
impugned advertisem
ment, online applications have been invi
ited for
the regular recruitm
ent of Training Officers in Industrial Tr
raining
Institutes (I.T.I.) un
nder the Department of Technical Edu
ucation,
Skill Development a
and Employment (Recruitment Selection
n Test-
2026). The petitio
oners primarily seek the quashing o
of this
advertisement, or in
the alternative, regularization of their se
ervices,
reservation of vacanc
cies, and relaxation in the upper age limit
t.
2. The fact
tual matrix, as presented in the petition,
is that
the petitioners hav
ve been working on the post of
Guest
Faculties/Guest Inst
tructors for several past sessions in v
various
Government Industri
ial Training Institutes (I.T.I.) situated in D
District
Ratlam, Madhya P
Pradesh. Table detailing their name
es and
experience has been
brought on record (Annexure P/2). It is
s stated
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Signing time: 26-02-2026
11:13:53

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026
that each session con
nsists of 11 months, followed by a comp
pulsory
artificial break of on
e month before they are re-engaged.
3. The Sta
ate of Haryana, in order to provide secu
urity of
service to Guest F
Faculties, enacted "The Haryana Tec
chnical
Education Guest F
Faculty (Security of Service) Act,
2024"
(Annexure P/4), whi
ich stipulates that a guest faculty shall co
ontinue
to work in the institu
ution until attaining the age of superannua
ation.
4. Taking
note of the said development in the S
tate of
Haryana, the State o
of Madhya Pradesh constituted a three-m
member
committee to formul
late a policy to provide social security to
o Guest
Faculties. This comm
mittee was formed vide order dated 02.0
1.2026
(Annexure P/5) issue
ed by the Commissioner, Directorate of
Higher
Education, Bhopal,
and was scheduled to submit its rep
port on
06.01.2026 and 07.0
1.2026.
5. The Sta
ate of Madhya Pradesh also promulgat
ted the
"Madhya Pradesh S
School Education Service (Teaching C
Cadre),
Service Conditions a
and Recruitment Rules, 2018" (Annexur
re P/3).
Clause 7 (d) (iv) of
these Rules reserves 25% of vacancies
for the
'Atithi Shikshak' (G
Guest Teacher) category who have wor
rked in
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11:13:53

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Government Schools
s for a minimum of three educational se
essions
and not less than 20
00 days. Further Clause 8 (1) (g) grants
s up to
nine years of relax
xation in the maximum age limit to
o such
candidates.
6. While
the aforementioned Committee's
Report
regarding social sec
curity for Guest Faculties was pendin
ng, the
Madhya Pradesh S
taff Selection Board, Bhopal, publish
ed the
impugned advertis
sement (Annexure P/1). Through
this
advertisement, onlin
ne applications for the regular recruitm
ment of
Training Officers in
I.T.I. were invited, with the application p
process
commencing on 17
.01.2026 and the Examinations schedu
uled to
begin from 27.02.202
26.
7. Learned
d counsel for the petitioners submits th
hat the
impugned Advertise
ement (Annexure P/1) is arbitrary, illega
al, and
violative of Articles
s 14 and 21 of the Constitution of Indi
a. It is
argued that the p
petitioners have rendered continuou
us and
unblemished servic
e for several sessions against vacan
nt and
sanctioned posts, and
d their initial appointments were neither
illegal
nor clandestine.
Signature Not Verified
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PRASHANT
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11:13:53

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8. It is s
strenuously contended that if the r
regular
recruitment process i
is permitted to conclude, the petitioners w
will be
replaced by a new s
set of regular employees who will perfo
orm the
exact same indispen
nsable duties. Consequently, any prosp
pective
beneficial recomme
endation made by the State’s three-m
member
committee regardin
ng regularization or age relaxation w
will be
rendered infructuous
s. It is submitted that once all vacanci
ies are
filled, no posts will r
remain to accommodate the petitioners, t
thereby
engendering a compl
lex situation and a new round of litigation
n.
9. The peti
itioners further claim parity on the basis
s of the
"Madhya Pradesh S
School Education Service (Teaching C
Cadre),
Service Conditions a
and Recruitment Rules, 2018," arguing th
hat the
State, being a mode
el employer, must extend the same bene
efits of
25% reservation an
nd upper age limit relaxation to the
Guest
Faculties working in
the Technical Education Department.
10. Heavy
reliance is placed on the judgment
of the
Hon’ble Supreme C
Court in the case of Jaggo vs. Union of
f India
2024 SCC OnLine
SC 3826 (Annexure P/6). It is argued th
hat the
Apex Court has r
recognized the multifaceted exploitati
ion of
temporary employee
es and held that prolonged, continuou
us, and
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11:13:53

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026
unblemished service
e inherently requires fair regularization
n. It is
further submitted, r
relying on International Labour Organ
nization
(ILO) standards cit
ted in the said judgment, that gover
rnment
departments must pro
ovide fair and stable employment, and th
he "hire
and fire" policy invo
olving artificial breaks is improper.
11. Lastly,
it is submitted that the principles of n
natural
justice have been vio
olated, as the petitioners were not afford
ded any
opportunity of hearin
ng prior to the publication of the advertis
sement
for new recruitment.
12. Per contra
a, learned counsel appearing on behalf
of the
respondents has ve
ehemently opposed the petition. It
is the
categorical stand o
of the respondents that the petitioners
s were
engaged purely as
Guest Faculties on a temporary, sess
ion-to-
session basis. It is s
submitted that such temporary engageme
ents do
not confer any ve
ested or legally enforceable right upo
on the
petitioners to claim
regularization, demand reservation, or
stall a
regular recruitment p
process initiated by the State in accordanc
ce with
constitutional manda
ates.
Signature Not Verified
Signed by: RASHMI
PRASHANT
Signing time: 26-02-2026
11:13:53

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13. Heard t
the learned counsel for the rival partie
es and
carefully perused th
he record. The core issue before this C
Court is
whether temporary G
Guest Faculties possess a legally vested r
right to
stall a regular recr
ruitment process initiated by the Stat
te, and
whether they can de
mand regularization, mandatory reservat
tion, or
age relaxation based
on policies from different departments o
or other
States.
14. The pet
titioners’ reliance on the "Madhya P
Pradesh
School Education S
Service (Teaching Cadre), Service Con
nditions
and Recruitment Ru
ules, 2018" is entirely misconceived.
Those
statutory rules are e
explicitly formulated for, and restricted
to, the
School Education D
Department. The statutory concessions o
of 25%
reservation and age r
relaxation granted under the 2018 Rules
cannot
be automatically rea
ad into or transplanted upon the Departm
ment of
Technical Educatio
on, Skill Development and Emplo
yment.
Similarly, "The H
aryana Technical Education Guest F
Faculty
(Security of Servic
ce) Act, 2024" is a state-specific legi
islation
enacted by the Stat
e of Haryana and holds no extraterrito
orial or
binding legal force w
within the State of Madhya Pradesh.
Signature Not Verified
Signed by: RASHMI
PRASHANT
Signing time: 26-02-2026
11:13:53

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15. The con
ntention that the regular recruitment sho
ould be
stayed pending th
he recommendations of the three-m
member
committee constitute
ed on 02.01.2026 is legally untenable. Th
he mere
constitution of an ex
xecutive committee to formulate a polic
cy does
not crystallize into a
a substantive right in favor of the petition
ners. It
certainly cannot ope
erate as a writ of injunction against the
e State
from filling up san
nctioned posts through a regular, open
n, and
competitive constitut
tional process.
16. The reli
iance placed by the petitioners on the jud
dgment
of the Hon’ble Supre
eme Court in Jaggo vs. Union of India (
(Supra)
is distinguishable on
n facts and does not come to the aid
of the
petitioners in the pre
esent context. In the case at hand, the peti
itioners
accepted their engag
gements with open eyes, fully aware tha
at they
were being hired as G
Guest Faculties strictly on a session-wise
e basis,
interspersed with exp
plicit one-month breaks. Such a tempora
ary, ad-
hoc arrangement, by
y its very nature, does not automatically
y ripen
into an absolute right
t of regular absorption.
17. The law
w regarding public employment, regulari
ization,
and the rights of tem
mporary employees is no longer res integ
gra . In
the landmark Constit
tution Bench decision of State of Karnat
taka v.
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Umadevi (3), (200
06) 4 SCC 1 , the Hon’ble Supreme
Court
unequivocally laid d
down the legal position. At paragraph 43
of the
said judgment, the A
Apex Court observed as under:
“43. Thus,
it is clear that adherence to the rule of
f
equality in pub
blic employment is a basic feature of our
r
Constitution a
and since the rule of law is the core of our
r
Constitution, a
a court would certainly be disabled from
m
passing an ord
der upholding a violation of Article 14 or
r
in ordering the
e overlooking of the need to comply with
h
the requiremen
nts of Article 14 read with Article 16 of
f
the Constitutio
on. Therefore, consistent with the scheme
e
for public emp
ployment, this Court while laying down
n
the law, has
necessarily to hold that unless the
e
appointment is
s in terms of the relevant rules and after
r
a proper com
mpetition among qualified persons, the
e
same would no
ot confer any right on the appointee. If it
t
is a contractu
ual appointment, the appointment comes
s
to an end at
the end of the contract, if it were an
n
engagement o
r appointment on daily wages or casual
l
basis, the sam
me would come to an end when it is
s
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discontinued.
Similarly, a temporary employee could
d
not claim to b
be made permanent on the expiry of his
s
term of appoi
intment. It has also to be clarified that
t
merely becaus
se a temporary employee or a casual
l
wage worker i
is continued for a time beyond the term of
f
his appointme
ent, he would not be entitled to be
e
absorbed in
regular service or made permanent,
,
merely on the
e strength of such continuance, if the
e
original appoi
intment was not made by following a due
e
process of sele
ection as envisaged by the relevant rules.
.
It is not op
pen to the court to prevent regular
r
recruitment a
t the instance of temporary employees
s
whose period
of employment has come to an end or of
f
ad hoc emplo
oyees who by the very nature of their
r
appointment, d
do not acquire any right. The High Court
t
acting under A
Article 226 of the Constitution, should not
t
ordinarily
issue directions for absorption,
,
regularization
, or permanent continuance unless the
e
recruitment its
self was made regularly and in terms of
f
the constitut
tional scheme. Merely because an
n
employee had
continued under cover of an order of the
e
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W.P. No. 4082/20

026
court, which
h we have described as “litigious
s
employment”
in the earlier part of the judgment, he
e
would not be
entitled to any right to be absorbed or
r
made permane
ent in the service. In fact, in such cases,
,
the High Cour
rt may not be justified in issuing interim
m
directions, sin
nce, after all, if ultimately the employee
e
approaching i
it is found entitled to relief, it may be
e
possible for it
to mould the relief in such a manner that
t
ultimately no p
prejudice will be caused to him, whereas
s
an interim dire
rection to continue his employment would
d
hold up the re
egular procedure for selection or impose
e
on the State th
he burden of paying an employee who is
s
really not req
quired. The courts must be careful in
n
ensuring that
they do not interfere unduly with the
e
economic arra
angement of its affairs by the State or its
s
instrumentaliti
ies or lend themselves the instruments to
o
facilitate the
bypassing of the constitutional and
d
statutory mand
dates.”
18. Applying the b
binding dicta of Umadevi (supra) to the
factual
matrix herein, it is
s manifest that the petitioners, having
g been
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appointed as Guest F
Faculties outside the regular recruitment
t rules,
cannot seek a writ o
of mandamus to either regularize their se
ervices
or prevent the State
e from conducting a regular recruitment
t drive.
The impugned adv
vertisement (Annexure P/1) is a leg
itimate
endeavor by the Sta
ate to adhere to the constitutional mand
date of
Articles 14 and 1
6 by offering equal opportunity in
public
employment to all
eligible citizens. This Court cannot in
nterfere
unduly with the adm
ministrative arrangements of the State by s
stalling
a valid recruitment
t process at the behest of temporary
y guest
faculties.
19. Consequently,
all the claims raised by the petitioners w
whether
for quashing the
impugned advertisement, seeking aut
tomatic
regularization, or d
demanding out-of-turn reservation an
nd age
exemptions in the a
absence of a supporting statutory rule
in the
relevant department
t are devoid of legal merit and stand
d fully
distinguished.
20. In view of th
e aforesaid detailed analysis, the presen
nt writ
petition fails and is
hereby dismissed . However, liberty is g
granted
to the petitioners t
to participate in the impugned Recru
uitment
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11:13:53

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Selection Test 2026
6, provided they strictly fulfill the re
equisite
eligibility criteria as
prescribed in the advertisement.
Pending appli
ications, if any shall also be dispose
ed off,
accordingly.



(Jai Kumar
Judge
r Pillai)

Rashmi/PS*

Signature Not Verified
Signed by: RASHMI
PRASHANT
Signing time: 26-02-2026
11:13:53