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2025 Supreme(RAJ) 1133

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
DR. SHARMILA KUMARI W/O SUBODH KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 1679 / 2025



Advocates:
Mr. Sunil Kumar Jain

Preference must be given to previously engaged faculty under the Vidya Sambal Yojana based on satisfactory service, as established in prior rulings.

Headnote:(A) Writ Petition - Preference in Appointment - The petitioners sought to continue their posts as college lecturers under the Vidya Sambal Yojana and challenged the respondents' actions as illegal and arbitrary. The court noted that similar issues were resolved in "Ram Chaturvedi & Ors. Vs. State of Rajasthan & Ors." (S.B. Civil Writ Petition No.1474/2023), which established that previous guest faculty should be given preference for re-engagement based on satisfactory services and availability of vacancies. (Paras 2-5)

(B) Writ Jurisdiction - The court reaffirmed its stance to follow established precedents and found no valid reason to deviate from the directions given in the previous case. (Para 4)

Facts of the case:
The petitioners, previously engaged as college lecturers under the Vidya Sambal Yojana, sought to continue their positions and not be replaced by new hires as per a recent advertisement.

Findings of Court:
The court directed the respondents to give preference to the petitioners for appointment in line with prior directives.

Issues: The main issue was whether the petitioners could continue their posts or be replaced by new hires.

Ratio Decidendi: The court emphasized adherence to previous rulings, reinforcing the principle of preference for existing faculty based on prior satisfactory engagement.

Result: Writ petition stands disposed of with directions.

Order :

1. Instant petition has been preferred with the following prayers:-

“1. Action of the respondents by which they are not allowing petitioners to continue their posts of college lecturers under vidya sambal yojana in respective colleges in respective subject may kindly be held illegal and arbitrary.

2. By appropriate writ of direction the respondents may kindly be directed to allow petitioners to continue on the post of college lecturer under vidya sambal yojna in respective colleges in respective subject for next academic session 2024- 2025/next academic semester and further academic sessions/semesters and also directed to respondents not to terminate services of petitioners till availability of vacant post in any Govt. College in State of Rajasthan in subject of petitioners.

3. Any other relief which this Court may deems fit and proper may be granted to the petitioners.”

2. By way of filing this writ petition, a prayer has been made to continue the petitioners as College Lecturer under the Vidhya Sambal Yojna and not to replace them from another set of contractual employees in pursuance of the advertisement dated 21.01.2025.

3. During the course of arguments, it is apprised to this Court that the similar controversy involved in this petition, came before this Court in the case of “Ram Chaturvedi & Ors. Vs. State of Rajasthan & Ors.” (S.B. Civil Writ Petition No.1474/2023) and the said controversy has been set at rest with the following directions:-

“(i) Respondents while engaging the Guest Faculty in the session 2023-24 in various colleges/universities under the Raj-CES under Vidya Sambal Scheme, shall give preference to engage the petitioners who have already rendered services as Guest Faculty in this scheme in the previous sessions/years, at previous place of posting or nearby place obviously subject to availability of vacancies in the previous college/university or nearby place as well as after considering the satisfactory services of petitioners.

(ii) Petitioners who have been engaged as Guest Faculty in the previous sessions shall not be dislodged/replaced from its previous place with fresh appointment of Guest Faculty, subject to availability of vacant post and need of engagement.

(iii) After re-engagement/adjustment of the petitioners i.e. previous Guest Faculty in the Vidya Sambal Scheme, against vacancies for the year 2023-24, the remaining vacant posts of previous years, and on the new vacancies accrued in session 2023-24 may be filled by the fresh aspirants in accordance with the criteria of selection prescribed in the scheme. (iv) It is made clear that petitioners who were already engaged in the previous sessions and are willing for appointment/engagement in the present session 2023-24 in the Vidya Sambal Scheme, are required to apply afresh pursuant to advertisement issued by respondents and his/her re- engagement in the Vidya Sambal Scheme for session 2023-24 would be governed by terms and conditions of the scheme and shall not create any additional equity/claim which is not available in the scheme.”

3. In the aforesaid case of Ram Chaturvedi (supra), the Coordinate Bench of this Court has issued directions to the respondents to give preference to engage the co-petitioners, who have already rendered services as Guest Faculty in this scheme in the previous sessions/years.

4. Since the controversy involved in this petition has already been set at rest in the case of Ram Chaturvedi (supra), this Court finds no valid reason to take a different view.

5. In view of the above, this writ petition stands disposed of with direction to the respondents to give preference to the petitioners by making appointment in pursuance of the advertisement dated 21.01.2025.

6. Stay application and all pending application(s), if any, stand disposed of.

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