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2025 Supreme(Online)(Raj) 13512

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUNNURI LAXMAN
ROSHAN KUMAR PRASAD – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 12570 / 2025



[2025:RJ-JD:51539]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12570/2025 Roshan Kumar Prasad S/o Shri Yogendra Prasad, Aged About 36 Years, Permanent R/o Village Nasira, Post Office Kohara Bazar, Thana Daudpur, Block Manjhi, District Chapra (Saran), Bihar, Pin Code- 841205. At Present Resident Of RZ-53A, Gali No.02, Back Side Of Deep Enclave, Vikas Nagar, Uttam Nagar, West-Delhi -

110059.

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Higher Education, Government Of Rajasthan, Government Secretariat, Jaipur-302005 (Raj.).

2. The Finance Secretary (Budget), Finance Department, 1st Floor, Main Building, Government Secretariat, Jaipur-

302005 (Raj.).

3. The Joint Secretary (J & T), Finance Department, 1st Floor, Main Building, Government Secretariat, Jaipur-302005 (Raj.).

4. The Commissioner, Department Of College Education, Block-IV, Dr. S. Radhakrishnan Shiksha Sankul, JLN Marg, Jaipur (Raj.).

5. Rajasthan College Education Society, Through The Ex-

Officio Secretary, Executive Committee, Rajasthan College Education Society, Block-IV, Dr. S. Radhakrishnan Shiksha Sankul, Jln Marg, Jaipur - Cum - Additional Commissioner, College Education Department, Jaipur (Raj.).

6. The Joint Director (HRD), Department Of College Education, Block-IV, Dr. S. Radhakrishnan Shiksha Sankul, JLN Marg, Jaipur (Raj.).

7. The Principal, M.l.V. Govt. College, Bhilwara (Raj.).

----Respondents For Petitioner(s) : Mr. Shashi Prakash Joshi For Respondent(s) : Mr. Aman Gour for Dr. Milap Chopra HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

27/11/2025 I.A. No.01/2025:

1. The matter comes up on the application (I.A. No.01/2025) is filed to implead ‘The Nodal-cum-Principal, Shri. Pra. Si. Va. Government P.G. College, Shahpura (Raj.) (under RAJSES)’ as party respondent.

2. The issue involved in the present writ petition is with regard to the applicability of the Rajasthan College Education Society Rules, Hiring of Manpower, 2023. It is the policy decision to be taken by the respondents who are already on the record, therefore, the proposed party is not the necessary party.

3. In view of the aforesaid, the application is dismissed S.B. Civil Writ Petition No. 12570/2025

1. Heard the present writ petition on final disposal.

2. The case of the petitioner is that the petitioner is working as an Assistant Lecturer on a contract basis in the colleges falling under the Rajasthan College Education Society. The grievance of the petitioner is that the petitioner’s termination was carried out without following the Rajasthan College Education Society Rules, Hiring of Manpower, 2023 (hereinafter referred to as ‘the Rules of

2023’).

3. The case of the petitioner is that any termination shall be in compliance with Rule 20 of the Rules of 2023. Learned counsel for the petitioner relies upon a batch of writ petitions decided by a Co-ordinate Bench of this Court in Dr. Jwala Prasad Kaloshia & Ors. vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 18889/2024, wherein applicability of the Rules of 2023 has been decided. Since the disengagement was not done in terms of Rule 20 of the Rules of 2023, the petitioner’s service cannot be disengaged.

4. The operative paragraphs of Dr. Jwala Prasad’s case (supra) read as follows:

“12. In view of the discussions made above, the present writ petitions are disposed of with a direction to the respondent-State Government to extend the benefits of Rules of 2023 to those persons, who are engaged on the posts that are covered under the Rules of 2023 and are serving in colleges falling within the ambit of the Rajasthan College Education Society.

13. It is made clear that the petitioners, serving in the Colleges which are coming within the ambit of Rajasthan College Education Society (Raj-CES), shall not be disengaged till the process under the Rules of 2023 is initiated afresh.”

5. The present writ petition is disposed of in same terms as held above in Dr. Jwala Prasad’s case (supra).

6. All pending applicat

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