SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Raj) 12303

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Anand Sharma, J
VIKAS MEWARA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Civil Writ Petition No. 7948/2026



Advocates:
For the Appellants/Petitioners: Nihar Jain
For the Respondents: N.K. Mehta, Bhupesh Charan

Guest faculty appointed under the Vidya Sambal Yojna are entitled to continue in their positions and receive honorariums until they are replaced by regular employees or RPSC-selected candidates, provided there is a sufficient student load.

Headnote:(A) Employment - Guest Faculty - Vidya Sambal Yojna - Right to continue in service - Guest faculty engaged under the scheme are entitled to continue on their posts until replaced by regular employees or candidates selected through RPSC, provided sufficient students are available for the courses. (Para 5)

(B) Service Law - Re-engagement - Discontinuation of services - If services of guest faculty are discontinued, the respondents are directed to accommodate and re-engage them within 30 days in the same manner until regular candidates are available. (Para 5)

Issues: Whether the petitioners engaged as Guest Faculty under Vidya Sambal Yojna are entitled to continue in their posts until the appointment of regular employees.

Table of Content
1. petitioners challenge the discontinuation of their guest faculty services under vidya sambal yojna. (Para 1 , 2 , 3)
2. the court relies on the precedent set in the ram chaturvedi case regarding guest faculty rights. (Para 4)
3. guest faculty are entitled to continue in service and receive honorariums until replaced by regular rpsc candidates. (Para 5 , 6 , 7)

Order

1. The instant writ petition has been filed by the petitioners with the following prayer:-

“It is therefore, respectfully prayed that this writ petition may kindly be accepted and allowed and;

A. By an appropriate writ, order or direction, the writ petition may kindly be decided in the light of the order dated 19.09.2025 (Annex.-5)

B. By an appropriate writ, order or direction, the impugned actions of respondent authorities by which they are not allowing petitioners to continue their respective posts of Guest Faculty under Vidya Sambal Yojna in school may kindly be declared illegal and arbitrary and therefore, same may be quashed and set aside;

C. By an appropriate writ, order or direction, by issuing the appropriate writ or direction the respondents may kindly be directed to allow petitioners to continue on their respective posts under Vidya Sambal Yojana in the respective school (Annex-04) for next academic sessions/2026-27 and further academic sessions/semesters and also direct to respondents not to terminate services of petitioners till availability of vacant post in any Government School in state of Rajasthan in subject of petitioners.

D. By an appropriate writ, order or direction, the respondents be directed to continue the petitioners and the services of the petitioners not be terminated till the Vidya Sambal Yojana is operational in Residential Schools governed by Social Justice/Education Department.

E. Any other order or direction, which this Hon’ble Court deemed just and proper be passed in favour of the petitioners;

F. Costs of this petition may kindly be allowed to the petitioners;”

2. Learned counsel for petitioners submits that the petitioners were 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. Mr. N.K. Mehta, Dy.GC accepts notice on behalf of the respondents.

4. The issue raised herein is already considered by a Division Bench of this Court in case of “State of Rajasthan & Ors. V Ram Chaturvedi & Anr.” D.B. Special Appeal Writ No. 903/2023 decided on 19.09.2025

5. 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.

6. With aforesaid, the instant

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top