Madhya Pradesh High Court

Temporary guest faculties hold no vested right to stall regular recruitment or claim automatic regularization.

Kanhaiya Lal Parmar and Others v. The State of Madhya Pradesh and Others [2026:MPHC-IND:5657]

Madhya Pradesh High Court2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners, working as Guest Faculties/Guest Instructors at Government Industrial Training Institutes (I.T.I.) in District Ratlam, challenged an advertisement dated 17.01.2026 issued by the M.P. Staff Selection Board for the regular recruitment of Training Officers.

Source reference: p. 2

The petitioners had been engaged for several sessions of 11 months, separated by "artificial" one-month breaks.

Source reference: p. 3

They sought to quash the advertisement or, alternatively, prayed for regularization of their services, reservation of vacancies (25%), and age relaxation, citing similar benefits provided to 'Atithi Shikshak' in the School Education Department and legislative protections for guest faculties in the State of Haryana.

Source reference: p. 2-3
02

Issues

1. Whether temporary Guest Faculties possess a legally vested right to stall a regular recruitment process initiated by the State.

Source reference: p. 7

2. Whether the petitioners can claim regularization, mandatory reservation, or age relaxation based on policies from different departments or other States.

Source reference: p. 7
03

Law Applied

The Court primarily applied the constitutional mandate of Articles 14 and 16 regarding equality of opportunity in public employment.

Source reference: p. 12

It relied heavily on the landmark Constitution Bench decision in State of Karnataka v. Umadevi (3) (2006) 4 SCC 1, which established that adherence to recruitment rules is a basic feature of the Constitution and that temporary or contractual employees do not acquire a vested right to regularization or to block regular selection processes.

Source reference: p. 8-11

The Court also noted that statutory rules of one department (School Education) or one State (Haryana) do not have automatic or extraterritorial application to another department or State.

Source reference: p. 7
04

Reasoning

The Court reasoned that the petitioners accepted their roles as Guest Faculties with full knowledge of the temporary, session-wise nature of the engagement.

Source reference: p. 8

Consequently, this ad-hoc arrangement cannot ripen into a right for regular absorption.

Source reference: p. 8

The Court rejected the plea to stay recruitment pending a committee report on social security, holding that the mere constitution of an executive committee does not create substantive rights or warrant an injunction against filling sanctioned posts through competitive processes.

Source reference: p. 8

Furthermore, the Court found the petitioners' claim for parity with the School Education Department's 2018 Rules to be "entirely misconceived," as those rules are restricted to a specific cadre and cannot be transplanted into the Technical Education Department.

Source reference: p. 7

Applying Umadevi, the Court emphasized that Courts should not interfere with the State's economic or administrative arrangements by facilitating the bypassing of constitutional mandates for regular recruitment.

Source reference: p. 11-12
05

Holding

The Court dismissed the writ petition, holding that the petitioners have no legal merit to quash the advertisement or demand out-of-turn regularization.

The Court affirmed that the impugned recruitment drive is a legitimate exercise of the State's duty to provide equal opportunity in public employment.

Source reference: p. 12

However, the Court granted the petitioners liberty to participate in the "Recruitment Selection Test 2026," provided they meet the prescribed eligibility criteria.

Source reference: p. 12-13

All pending applications were disposed of accordingly.

Source reference: p. 13
Madhya Pradesh High Court

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Kanhaiya Lal Parmar and Others v. The State of Madhya Pradesh and Others [2026:MPHC-IND:5657]

Madhya Pradesh High Court

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