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2025 DAILYLAW 10580 (RAJ)

DR. MILIND VYAS S/O JAGDISH VYAS v. THE STATE OF RAJASTHAN

CW/3819/2025 · 2025-03-20

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3819/2025 1. Dr. Milind Vyas S/o Jagdish Vyas, Aged About 37 Years, R/o Vivekanand Chowk, Vpo Bhiuda, Tehsil Sagwara, District Dungarpur, Rajasthan. Working As Assistant Professor (Sanskrit) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Galiyakot, Sagwara, Dungarpur. 2. Sanjay Garasiya S/o Dheerji Garasiya, Aged About 41 Years, R/o Village Sodla Chamna, Post Jamburi, Tehsil Gangatalai, District Banswara, Rajasthan, Working As Assistant Professor (History) Guest Faculty Under Vid- hya Sambal Yojna At Govt. Girls College, Galiyakot, Sagwara, Dungarpur. ----Petitioners Versus 1. The State Of Rajasthan, Through The Secretary, Higher Education, Secretariat, Government Of Ra- jasthan, Jaipur. 2. The Commissioner, College Education, Block 4, Shik- sha Sankul, Jln Marg, Jaipur, Rajasthan. 3. The Principal, Late Shri Bheekhabhai Bheel Govt. Col- lege, Sagwara, Dungarpur. 4. The Principal, Govt. Girls College, Galiyakot, Dun- garpur. ----Respondents For Petitioner(s) : Mr. RP Saini with Mr. Aamir Khan For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 20/03/2025 1. The instant petition has been preferred with the follow- ing prayer:- (2 of 4) [CW-3819/2025] “1. By appropriate writ order or direction in the nature thereof, the respondents be directed to continue the petitioners as Guest Faculty under the Vidhya Sambal Yojna. 2. By appropriate writ, order or direction, the respondent be directed not to replace the petitioners with another set of contrac- tual employee in the garb of fresh adver- tisement year 2025. 3. Any other appropriate writ, order or di- rection which this Hon’ble Court deems just and proper on the facts and in the cir- cumstances of the case may also be passed in favour of the Petitioners with cost of the petition.” 2. By way of filing this writ petition, a prayer has been made to continue the services of the petitioners as guest fac- ulty 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 Peti- tion 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 col- leges/universities under the Raj-CES under Vidya Sambal Scheme, shall give preference to engage the petitioners who have already ren- dered services as Guest Faculty in this scheme in the previous sessions/years, at previous place of posting or nearby place obviously sub- ject to availability of vacancies in the previous college/university or nearby place as well as (3 of 4) [CW-3819/2025] 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, sub- ject 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 cri- teria 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 gov- erned 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 re- spondents 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 al- ready 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 (4 of 4) [CW-3819/2025] 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 KuD/20