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2025 Supreme(Online)(RAJ) 7663

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3852/2025

1. Dr. Rahul Rai S/o Prabhu Nath Rai, Aged About 40 Years, R/o 108, Mandawar Road, Shahadpur, Mahwa, Dausa, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College, Mandawar, Dausa, Rajasthan.

2. Banty Yadav D/o Pawan Singh, Aged About 24 Years, R/o Gandala, Alwar, Rajasthan. Working As Assistant Professor (Public Administration) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College, Mandawar, Dausa, Rajasthan.

3. Raj Kumar Bairwa S/o Lallu Bairwa, Aged About 32 Years, R/o Ward No. 2, Bairwa Mohalla, Ramgarh, Dausa, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College, Talchidi, Mahwa, Dausa, Rajasthan.

4. Pankaj Kumar Mandawat S/o Dr. Babu Lal Meena, Aged About 37 Years, R/o Mandawat Mohalla, Raseedpur, Dausa, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College, Mandawar, Dausa, Rajasthan.

5. Jagdish Prasad Meena S/o Kishori Lal Meena, Aged About 37 Years, R/o Teh. Sikrai, Mudiya Khera, Namner, Dausa, Rajasthan. Working As Assistant Professor (Zoology) Guest Faculty Under Vidhya Sambhal Yojna At Dr. Bhimrao Ambedkar, Govt.

College, Mahwa, Dausa, Rajasthan.

6. Bharat Singh Meena S/o Murari Lal Meena, Aged About

37 Years, R/o Makhthot, Todabhim, Karauli, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambhal Yojna At Govt. Girls College, Sikrai, Dausa, Rajasthan.

7. Pankaj Gupta S/o Raj Kishor Gupta, Aged About 37 Years, R/o 112, Jogiya Shekhpur, Ramgarh Kothari, Phulpur, Allahabad, Phoolpur, Uttar Pradesh. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College, Suroth, Hindaun City, Karauli, Rajasthan.

8. Padam Chand S/o Ramprasad Jatav, Aged About 54 Years, R/o Guruji Wala Mohalla, Kathoomar, Alwar, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College, Kathumar, Alwar, Rajasthan.

9. Anil Kumar Meena S/o Ram Khilari Meena, Aged About

48 Years, R/o Post-Shahrakar Makhthot, Todabhim, Karauli, Rajasthan. Working As Assistant Professor (Public Administration) Guest Faculty Under Vidhya Sambhal Yojna At Govt. Girls College, Katkad, Karauli, Rajasthan.

10. Dr. Ghanshyam Meena S/o Narasi Ram, Aged About 46 Years, R/o Gram-Rigaspura, Roneeja Than, Ronijathan, Alwar, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College, Talchidi, Mahwa, Dausa, Rajasthan.

11. Pramod Kumar Meena S/o Prakash Chand Meena, Aged About 37 Years, R/o Deewli, Bharatpur, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambhal Yojna At Govt.

Girls College, Katkad, Karauli, Rajasthan.

12. Dr. Pradeep Kumar Pandey S/o Nemi Chand Pandey, Aged About 39 Years, R/o Gram Bhusaawar, Bharatpur, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambhal Yojna At Govt. Girls College, Mahwa, Dausa, 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, Mandawar, Dausa, Rajasthan.

4. The Principal, Govt. College, Talchidi, Mahwa, Dausa, Rajasthan.

5. The Principal, Dr. Bhimrao Ambedkar, Govt. College, Mahwa, Dausa, Rajasthan.

6. The Principal, Govt. Girls College, Sikrai, Dausa, Rajasthan.

7. The Principal, Govt. College, Hindaun City, Karauli, Rajasthan.

8. The Principal, Govt. College, Kathumar, Alwar, Rajasthan.

9. The Principal, Govt. Girls College, Katkad, Karauli, Rajasthan.

10. The Principal, Govt. Girls College, Mahwa, Dausa, Rajasthan.

----Respondents For Petitioner(s) : Mr. Shiv Kumar Sharma with Miss. Almas Khanam For Respondent(s) :

JUSTICE ANOOP KUMAR DHAND

Order

19/03/2025

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 petitioner.”

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 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.

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 direction 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 KuD/49 Powerd by TCPDF (w.tcpdf.org)

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