Satrupa Kashyap vs The State Of Madhya Pradesh
- Court
- Madhya Pradesh High Court
NEUTRAL CITATION NO. 2026:MPHC-JBP:89622
1 WP-30599-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK KUMAR SINGH
th
ON THE 4 OF NOVEMBER, 2026
WRIT PETITION No. 30599 of 2025
CNR No.: MPHC010540292025
SATRUPA KASHYAP
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sajidula Khan - Advocate for petitioner.
Smt. Swati Aseem George - Government Advocate for State.
ORDER
This petition under Article 226 of the Constitution of India has been
filed by the petitioner seeking the following reliefs:-
" I. Issue a writ in the nature of mandamus
directing the concern Respondents to
decide/consider the representation of the
students/Petitioner dated 01.05.2025
produced as Annexure P/6.
II. Issue a writ in the nature of mandamus
directing the concern Respondents to
reinstate the petitioner to her substantive
position of Guest Faculty/Singing Teacher at
Government Music College, Maihar, with
continuity of service, terms, pay, allowances,
and status as applicable from 08.04.2025
onwards.
III. Issue a writ in the nature of certiorari to
quash the impugned order dated 08.04.2025
passed by the Respondent No.5 vide
Annexure P/4.
IV. Issue any other writ, order or direction as
this Hon'ble Court deems fit. "
2. The case of the petitioner is that she was initially appointed as a
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 06-11-2026
12:36:11
NEUTRAL CITATION NO. 2026:MPHC-JBP:89622
2 WP-30599-2025
Guest Faculty (Music Teacher) on a temporary basis for the academic
session 2020-21 in Respondent No.5 College and continued to discharge her
duties in the said capacity. Being aggrieved by the action of Respondent
No.5 in discontinuing her services and inviting fresh applications, the
petitioner filed W.P. No. 24121/2024 before this Court. It is submitted that in
W.A. No. 6159/2022 the Division Bench of this Court vide order dated
26.04.2022 directed the respondents to fill up the posts through regular
appointments, while permitting the existing Guest Faculty to continue until
such appointments were made. Accordingly, this Court vide order dated
29.08.2024 passed in W.P. No. 24121/2024 directed the respondents not to
discontinue the petitioner's services until regular appointments were made. It
is further submitted that vide order dated 12.09.2024 the petitioner was
invited in Government Music College, Maihar to discharge her duties as a
Guest Scholar (Singing). However, an Assistant Professor (Singing) joined
the college on 07.04.2025 pursuant to a regular appointment. The
respondents allege that several complaints were received from students, their
parents and the administrative in-charge regarding the petitioner's alleged
indecent behaviour and mental harassment of students, adversely affecting
their academic activities. On the basis of the said complaints and in terms of
Clause 5.11 of the circular dated 03.06.2024 issued by the Culture
Department, Government of Madhya Pradesh the petitioner's services were
withdrawn with immediate effect vide order dated 08.04.2025, and she was
relieved on the same day. It is further alleged that Respondent No.2 thereafter
issued an advertisement inviting applications for engagement of Guest
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 06-11-2026
12:36:11
NEUTRAL CITATION NO. 2026:MPHC-JBP:89622
3 WP-30599-2025
Faculty for the academic session 2025–26 in various Government Fine Arts
and Music Colleges, including Respondent No. 5 College. Aggrieved by the
discontinuation of her services without affording her an opportunity of
hearing, the petitioner submitted a representation dated 01.05.2025 before
Respondent No. 2; however, no decision has been taken thereon till date.
3. Learned counsel for the petitioner submits that her services were
discontinued on 08.04.2025 without issuance of any notice or affording her
an opportunity of hearing, in violation of the principles of natural justice. It is
further submitted that the complaint against the petitioner was withdrawn on
13.03.2025. The petitioner alleges that, owing to personal enmity with Mr.
Anil Jaiswal, Music Lecturer posted at Respondent No. 5 College, false
allegations were levelled against her to discontinue her services. It is also
contended that the impugned action is contrary to the order dated 29.08.2024
passed in W.P. No. 24121/2024, whereby the respondents were directed to
continue the petitioner's services until regular appointments were made.
Despite appointment of a regular Assistant Professor on 07.04.2025, the
respondents issued a fresh advertisement for engagement of Guest Faculty
for the academic session 2025–26, which is arbitrary and contrary to the
aforesaid judicial directions.
4. Learned counsel appearing for the respondents/State submits that
the petitioner was engaged as Guest Faculty (Music Teacher) on a temporary
basis and, pursuant to the order dated 29.08.2024 passed in W.P. No.
24121/2024, was re-engaged for the academic session 2024–25 vide order
dated 12.09.2024. It is further submitted that Shri Arpit Chauhan was
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 06-11-2026
12:36:11
NEUTRAL CITATION NO. 2026:MPHC-JBP:89622
4 WP-30599-2025
regularly appointed as Assistant Lecturer (Singing) vide order dated
18.03.2025 and joined the college on 07.04.2025. Accordingly, the
petitioner's services were discontinued vide impugned order dated
08.04.2025. It is also submitted that several complaints regarding the
petitioner's misconduct and harassment of students were received from
students, parents and the Principal. A show-cause notice dated 24.02.2025
was issued to the petitioner, which was duly replied to. Thereafter, on the
recommendation of the Principal dated 24.03.2025, her services were
discontinued in terms of Clause 5.11 of the policy dated 03.06.2024. Lastly,
learned counsel submits that the petitioner has suppressed material facts and
has not approached this Court with clean hands. Reliance is placed upon the
judgment of the Supreme Court in Prestige Lights Ltd. v. State Bank of
India, (2007) 8 SCC 449. Accordingly, the petition deserves to be dismissed.
5. Heard learned counsel for the parties and perused the record.
6. Upon perusal of the record, it appears that the petitioner was
engaged as Guest Faculty on a temporary basis for the academic session
2024–25. The record further reveals that complaints regarding her conduct
were received from students, their parents and the Principal of the institution.
A show-cause notice dated 24.02.2025 was also issued to the petitioner, to
which she submitted her reply on 01.03.2025. Thereafter, upon consideration
of her reply and the recommendation of the Principal dated 24.03.2025, the
respondents discontinued her services vide impugned order dated 08.04.2025
in accordance with Clause 5.11 of the policy dated 03.06.2024.
7. It is also evident that Shri Arpit Chauhan was regularly appointed as
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 06-11-2026
12:36:11
NEUTRAL CITATION NO. 2026:MPHC-JBP:89622
5 WP-30599-2025
Assistant Lecturer (Singing) and joined the institution on 07.04.2025. Thus,
the petitioner's engagement as Guest Faculty, being purely temporary in
nature, did not confer upon her any right to continue against the said post
after a regular appointment was made. The direction issued by this Court in
W.P. No. 24121/2024 was to permit the existing Guest Faculty to continue
until regular appointments were made, which stood satisfied upon the joining
of the regularly appointed candidate.
8. In view of the aforesaid facts and circumstances, this Court does not
find any illegality or arbitrariness in the impugned order warranting
interference under Article 226 of the Constitution of India. The petitioner has
also failed to establish any violation of the directions issued in the earlier
writ petition. Consequently, no case for issuance of the writs as prayed for is
made out.
9. Accordingly, the petition, being devoid of merit, is hereby
dismissed. No order as to costs.
(VIVEK KUMAR SINGH)
JUDGE
THK
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 06-11-2026
12:36:11