[2025:RJ-JP:7026]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2560/2025

1. Kirti Yadav W/o Hemwati Nandan Yadav, Aged About 39 Years, R/o 34 B, Tegda Road, In Front Of Jasper Mart, Vatika Vihar, Borkhera, Kota, Rajasthan.

2. Priyanka Ojha D/o Satyanarayan Ojha, Aged About 27 Years, R/o Sadar Bajar, Karera, Raja Ji Ka Kareda, Bhilwara, Rajasthan.

3. Dr. Chetna Rawat D/o Mahaveer Rawat, Aged About 37 Years, R/o Nai Abadi Shanti Colony, Kankorli, Rajasamand, Rajasthan.

4. Nehil Nayak S/o Mahaveer Prasad Nayak, Aged About 34 Years, R/o 114/4, Sector - 11, Sanganer, P.o. Pratap Nagar, Dist. Jaipur, Raj.

5. Vikas Singh S/o Chaturbhuj Singh, Aged About 40 Years, R/o Shankar Colony, Ward No. 5, Keshavraipatan, Bundi, Raj.

6. Dr. Brhamprakash Yadav S/o Satyapal Singh, Aged About

43 Years, R/o Village Bhoopkhera, Tehsil - Behror, Dist.

Kotputli - Behror, Raj.

7. Dr. Pooja Jorasiya W/o Indra Raj Meena D/o Jogaram Jorasiya, Aged About 38 Years, R/o B-66, Moti Nagar, Borkhera, Kota, Raj.

----Petitioners Versus

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

2. Commissioner, College Education, Shiksha Sankul, Jln Marg, Jaipur.

----Respondents For Petitioner(s) : Ms.Shobha Sharma for Mr.Sunil Kumar Jain JUSTICE ANOOP KUMAR DHAND

Order

18/02/2025

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

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 vac