1. Writ petition challenging discontinuation of contractual engagement of lecturers under Vidya Sambal Yojna. (Para 1 , 2 )
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2026 Supreme(Raj) 502
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ASHOK KUMAR JAIN, J.
Ramprasad Meena S/o Prahlad Meena – Appellant
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 18982 of 2025
Decided On : 12-03-2026
Advocates Appeared:
For the Appellants : Mithun Bhai Chaturvedi, Saurabh Yadav
For the Respondents: Chinmaya Saxena, Ritika Naruka, Jitendra Takar, S.S. Naruka
For the Appellants : Mithun Bhai Chaturvedi, Saurabh Yadav
For the Respondents: Chinmaya Saxena, Ritika Naruka, Jitendra Takar, S.S. Naruka
Contractual lecturers under a government scheme are entitled to continue in service and receive honorariums provided sufficient student enrollment exists, until they are replaced by regular employees selected through the Public Service Commission.
Headnote:(A) Service Law - Contractual appointment under Government scheme - Termination of services - Right to continue till regular appointment - Entitlement to honorarium - Contractual employees engaged under a state scheme are entitled to continue in their posts until they are replaced by existing regular employees or candidates regularly selected through the Public Service Commission, provided that a sufficient number of students are available for the particular courses for which they were appointed (Para 4).
(B) Re-engagement of contractual staff - In the event services of the petitioners are discontinued, the respondents are directed to accommodate and re-engage them within a period of 30 days from the date of receipt of the order in the same manner and continue them under the scheme until the availability of regularly selected candidates (Para 4).
(C) Remuneration - Contractual employees shall be entitled to the honorarium currently being paid or as modified by the State from time to time (Para 4).
Facts of the case:
Petitioners were contractually engaged as college lecturers under a government scheme. Their services were discontinued vide an order dated 19.11.2025. The petitioners challenged the termination, alleging that the action was contrary to settled norms and state policy, and sought to continue in their positions until regular vacancies in government colleges were filled.
Findings of Court:
The Court observed that the petitioners should be allowed to continue on their respective posts subject to the availability of sufficient students for the courses they teach. It further held that they are entitled to the prescribed honorarium and must be re-engaged within 30 days if their services are discontinued, until regular candidates are appointed.
Issues: Whether contractual lecturers appointed under a government scheme are entitled to continue in service until they are replaced by regularly selected candidates through the Public Service Commission.
Ratio Decidendi: Contractual staff appointed under government schemes for educational roles are entitled to continuity of service and honorarium provided the operational requirement (student availability) exists, ensuring they are not displaced until regular appointments are made via the Public Service Commission.
Result: Writ petition disposed of with directions.
Legal Category Hierarchy
Table of Contents
2. Petitioners claim discontinuation contrary to norms. Respondents seek disposal in line with Ram Chaturvedi ratio and offer re-engagement. (Para 2 , 3 )
3. Court considered submissions and material; disposed of petition following Division Bench judgment in Ram Chaturvedi. (Para 4 )
4. Contractual appointees may continue till replaced by regular employees or regularly selected candidates, subject to student strength. (Para 4 )
5. Writ petition disposed of with directions for continuance or re-engagement within 30 days under same scheme. (Para 5 , 6 )
6. What is the principle governing continuance of contractual appointees in public employment?
Contractual appointees are entitled to continue till replaced by existing regular employees or regularly selected candidates through RPSC. (Para 4 )
7. What condition must be satisfied for continuation of contractual appointees?
Continuation is subject to availability of sufficient number of students for the particular courses for which they were appointed. (Para 4 )
8. What relief is granted upon discontinuation of services of contractual appointees?
If services are discontinued, respondents shall accommodate and re-engage them within 30 days in same manner under the scheme till regularly selected candidates are available. (Para 4 )
ORDER :
1. Instant writ petition has been filed by the petitioners with following prayers:
"It is, therefore, most humbly and respectfully prayed that this Hon'ble Court be pleased to call for the entire record relating to the case of the Petitioners and after perusing the same may be pleased to accept and allow this writ petition:
i. To quash and set aside the impugned order of hiring dated 19.11.2025.
ii. 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 their respective collages 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.
iii. Any other relief which this Court may deems fit and proper may be granted to the Petitioners.
2. Learned counsel for petitioners submits that the petitioners contractually engaged by the respondents but to accommodate other persons, the services of petitioners were discontinued. He further submitted that the action of respondents is contrary to the settled norms and also against the policy of the State.
3. Learned counsel appearing on behalf of respondent(s) while referring and relying upon judgment in case of State of Rajasthan & Ors. Vs. Ram Chaturvedi & Anr. D.B. Special Appeal Writ No. 903/2023 order dated 19.09.2025 submitted that the instant writ petition be disposed of in light of ratio laid down by the Division Bench of this Hon'ble Court. He also submitted that the issue in case of Ram Chaturvedi (supra) has been referred to a Larger Bench and same is still pending. He also submitted that if the services of petitioners were discontinue then, the respondent will accommodate them for re-engaging in same manner in which they were earlier working prior to filing of the writ petition.
4. Having considered the submissions of learned counsel for parties and on perusal of material placed on record, the writ petition is disposed of in light of judgment in case of Ram Chaturvedi (supra) passed by the Division Bench of this Court, after considering judgment dated 28.08.2023 in S.B. Civil Writ Petition No. 1474/2023 Ram Chaturvedi & Anr. State of Rajasthan & Ors. the following directions are issued:
(i) The respondents/original petitioners/applicants are entitled to continue on their respective posts till they are replaced by existing regular employees or regularly selected candidates through RPSC.
(ii) The respondents/original petitioners/applicants would be continued on their posts provided that sufficient number of students are available for the particular courses(s) for which they were appointed.
(iii) The respondents/original petitioners/applicants would be entitled to honorarium as is being paid to them presently or as modified by the State from time to time.
(iv) If the services of petitioners are discontinued then, the respondent(s) shall accommodate and re-engage them within a period of 30 days from date of receipt of copy of the order in same manner and will continue under the scheme till availability of regularly selected candidates.
5. With aforesaid, the instant writ petition stands disposed of.
6. Misc. application, if any, stands disposed of.
