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2025 Supreme(Online)(RAJ) 6776

[2025:RJ-JP:13964]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.4368/2025

1. Rekha Vyas D/o Shivraj Sharma, Aged About 31 Years, R/o Vyas Krishi Farm, Radawas, Jaipur, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College Bagdi, Lalsoth, Dausa, Rajasthan.

2. Manshi Dhankar D/o Ramji Lal Dhankar, Aged About 26 Years, R/o Dhani Naya Kua, Bhankri, Tehsil Kotputli, Bhankri, Jaipur, Rajasthan. Working As Assistant Professor (Sociology) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College Bagdi, Lalsoth, Dausa, Rajasthan.

3. Dr. Jitendra Singh S/o Dhan Phool Meena, Aged About 55 Years, R/o Tehsil Mahwa, Bada Bujurag, Dausa, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College Bagdi, Lalsoth, Dausa, Rajasthan.

4. Shiv Raj Kumawat S/o Moti Lal Kumawat, Aged About 29 Years, R/o Village Nayagaon, Teh. Kekri, Baghera, Ajmer, Rajasthan. Working As Assistant Professor (Botany) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College Sawar, Ajmer, Rajasthan.

5. Dr. Shashi Kant Bairwa S/o Ratan Lal Bairwa, Aged About

40 Years, R/o Sadarpura Road, Brijlal Nagar, Malpura, Distt.- Tonk, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College Hindoli, Bundi, Rajasthan.

6. Dr. Jitesh Kumar Ghoretha S/o Moolchand, Aged About 38 Years, R/o Bishangarh, Manoharpur, Jaipur, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambhalyojna At Govt. Girls College Aligarh, Tonk, Rajasthan.

7. Dr. Jagdish Prasad Sunkriya S/o Udda Ram Sunkriya, Aged About 52 Years, R/o B-37, Shyam Mittra Mandal Nagar, Opp Road No. 5, Murlipura Scheme, Jaipur, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambhal Yojna At Govt. Girls College Aligarh, Tonk, Rajasthan.

8. Umashankar S/o Satyanarayan, Aged About 32 Years, R/o Jankipura, Po-Jankipura, Distt. Sikar, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambhal Yojna At Govt. Girls College Aligarh, Tonk, Rajasthan.

9. Gopal Lal Mali S/o Moti Lal Mali, Aged About 44 Years, R/o Dooni, Tonk, Deoli, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambhal Yojna At Govt. Girls College Chaksu, Tonk, Rajasthan.

10. Uzma Tabassum D/o Muhammad Sayeed, Aged About 38 Years, R/o 53, Bhagaton Ki Gali, Rajgarh, Alwar, Rajasthan. Working As Assistant Professor (Drawing And Painting) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College Makrana, Didwana, Kuchaman, Rajasthan.

11. Dr. Varsha Joshi W/o Govind Saraswat, Aged About 42 Years, R/o Panghat Road, Ward No. 6, Marvad Mundwa, Nagaur, Rajasthan. Working As Assistant Professor (Sanskrit) Guest Faculty Under Vidhya Sambhal Yojna At Govt. P.g. College Manglana, Didwana, Kuchaman, Rajasthan.

12. Rajandra Kumar S/o Kailash Chand Bhargwa, Aged About

45 Years, R/o Purana Post Office, Bhanwata Road, Kuchaman City, Nagaur, Rajasthan. Working As Assistant Professor (History) Guest Facultyunder Vidhya Sambhal Yojna At Govt. P.g. College Manglana, Didwana, Kuchaman, Rajasthan.

13. Mansi Ghoretha D/o Ram Karan Bunker, Aged About 26 Years, R/o 9. Gopal Vihar Nandpuri Colony, Near Malviya Nagar, Sector 11, Jaipur, Rajasthan. Working As Assistant Professor (English) Guest Faculty Under Vidhya Sambhal Yojna At Govt. Girls College Chaksu, Tonk, Rajasthan.

14. Pawan Kumar Nawal C/o Ram Chandra Nawal, Aged About

34 Years, R/o Ward No. 24, Reengus, Sri Madhopur, Sikar, Rajasthan. Working As Assistant Professor (Drawing And Painting) Guest Faculty Under Vidhya Sambhal Yojna At Govt. P.g. College Jamwaramgarh, Jaipur, Rajasthan.

15. Manish Kumar Sharma S/o Kailash Chnad Sharma, Aged About 31 Years, R/o Pradhan Ki Dhani, Kishanpura, Jaipur, Rajasthan. Working As Assistant Professor (Economics) Guest Faculty Under Vidhya Sambhal Yojna At Govt. Girls College Banskhoh, Jaipur, Rajasthan.

16. Narendra Singh S/o Shiv Raj Singh, Aged About 33 Years, R/o Aspura Post Kuchaman, Kuchaman City, Nagaur, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambhal Yojna At Govt. P.g. College, Manglana, Distt. Didwana, Kuchaman, Rajasthan.

17. Rashmi Kuwal D/o Laxmi Narain Meena, Aged About 34 Years, R/o Khanpur, Dausa, Kherla Khurd, Rajasthan. Working As Assistant Professor (Sociology) Guest Faculty Under Vidhya Sambhal Yojna At Govt. P.g. College, Jamwaramgarh, Jaipur, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Secretary, Department Of Higher Education, Secretariat, Jaipur.

2. Commissioner, College Education, Shiksha Sankul, J.l.n.

Marg, Jaipur.

3. The Principal, Govt. College Bagdi, Lalsoth, Dausa, Rajasthan

4. The Principal, Govt. College Sawar, Ajmer, Rajasthan.

5. The Principal, Govt. College Hindoli, Bundi, Rajasthan.

6. The Principal, Govt. Girls College Aligarh, Tonk, Rajasthan.

7. The Principal, Govt. Girls College Chaksu, Tonk, Rajasthan.

8. The Principal, Govt. College Makrana, Didwana, Kuchaman, Rajasthan.

9. The Principal, Govt. Govt. P.g. College, Manglana, Didwana, Kuchaman, Rajasthan.

10. The Principal, Govt. P.g. College Jamwaramgarh, Jaipur, Rajasthan.

11. The Principal, Govt. Girls College, Banskhoh, Jaipur, Rajasthan.

----Respondents For Petitioner(s) : Ms. Almas Khanam with Mr. Shiv Kumar Sharma JUSTICE ANOOP KUMAR DHAND

Order

27/03/2025

1. The instant petition has been preferred with the following prayer:-

“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 yojana 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 services of the petitioners as guest faculty under the Vidhya Sambal Yojna and not to replace them with another set of contractual employees in pursuance of the advertisement issued in the year 2025.

3. During the course of arguments, it is apprised to this Court that a similar controversy as 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.”

4. In the aforesaid case of Ram Chaturvedi (supra), the Coordinate Bench of this Court issued direction 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.

5. 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 different view.

6. In view of the above, this petition stands disposed of with direction to the respondents to consider the case of the petitioners, strictly in accordance with the directions issued in the case of Ram Chaturvedi (Supra).

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

(ANOOP KUMAR DHAND),J Karan/23 Powerd by TCPDF (w.tcpdf.org)

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