DR. PRIYANKA W/O MANOJ KUMAR v. STATE OF RAJASTHAN
CW/3525/2025 · 2025-03-12
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 10771 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10771 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:11717] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3525/2025
1. Dr. Priyanka W/o Manoj Kumar, Aged About 46 Years, R/o Sectorm 1, Adarsh Nagar, Bayana, Bharatpur, Rajasthan.
2. Mayank Joshi S/o Dinesh Kumar Joshi, Aged About 25 Years, R/o Behind Lady Elign Girls School, Jail Road, Bikaner, Rajasthan.
3. Imran Khan S/o Shri Abdul Sattar, Aged About 37 Years, C-94, Behind Eye Hospital, Sainik Basti, Churu, Ra- jasthan.
4. Kalpna Kumari D/o Shri Kishan Meena, Aged About 30 Years, R/o 38, Bheel Thakuro Ka Mohalla, Bhumari, Jha- lawar, Rajasthan. ----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 12/03/2025
1. The instant petition has been preferred with the following prayers:-
“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. [2025:RJ-JP:11717] (2 of 4) [CW-3525/2025]
2. By appropriate writ of direction the respon- dents may kindly be directed to allow petition- ers 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 fur- ther academic sessions/semesters and also di- rected to respondents not to terminate services of petitioners till availability of vacant post in any Govt. College in State of Rajasthan in sub- ject of petitioners. 3. Any other relief which this Court may deems fit and proper may be granted to the petition- ers.”
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 con- tractual 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 direc- tions:-
“(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 previ- ous place of posting or nearby place obviously sub-
[2025:RJ-JP:11717] (3 of 4) [CW-3525/2025] ject to availability of vacancies in the previous col- lege/university or nearby place as well as after con- sidering the satisfactory services of petitioners. (ii) Petitioners who have been engaged as Guest Faculty in the previous sessions shall not be dis- lodged/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 petition- ers 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 al- ready engaged in the previous sessions and are will- ing for appointment/engagement in the present ses- sion 2023-24 in the Vidya Sambal Scheme, are re- quired to apply afresh pursuant to advertisement is- sued 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 Co- ordinate Bench of this Court has issued directions to the respon- dents to give preference to engage the co-petitioners, who have already rendered services as Guest Faculty in this scheme in the previous sessions/years. [2025:RJ-JP:11717] (4 of 4) [CW-3525/2025]
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 a different view. 6. In view of the above, this writ petition stands disposed of with the expectation that the respondents would give preference to the petitioners in the process of appointment in pursuance of the advertisement dated 21.01.2025, in case the petitioners have worked in the last academic session in terms of the order passed in the case of Ram Chaturvedi (supra). 7. Stay application and all pending application(s), if any, stand
disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /52