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2025 DAILYLAW 11879 (RAJ)

ASHOK KUMAR MEENA S/O BHARAT LAL MEENA v. STATE OF RAJASTHAN

CW/3846/2025 · 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. 3846/2025 1. Ashok Kumar Meena S/o Bharat Lal Meena, Aged About 54 Years, R/o Village- Shankarwara, District- Karauli, Rajasthan. 2. Mukesh Kumar Swami S/o Ram Kumar, Aged About 39 Years, R/o Village - Boghera, Churu, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Secretary, Department Of Higher Education, Secretariat, Jaipur. 2. Commissioner, College Education, Shiksha Sankul, Jln Marg, Jaipur. 3. Principal, G.H.S. Government Post Graduate Col- lege, Sujangarh, Dist. Churu, Raj. ----Respondents For Petitioner(s) : Ms. Shobha Sharma for Mr. Sunil Kumar Jain For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 20/03/2025 1. The instant petition has been preferred with the fol- lowing prayer:- “1. Action of the respondents by which they are not allowing petitioners to con- tinue their posts of college lecturers un- der vidya sambal yojana in respective colleges in respective subject may kindly be held illegal and arbitrary. 2. By appropriate writ of direction the re- spondents may kindly be directed to al- low petitioners to continue on the post of (2 of 4) [CW-3846/2025] college lecturer under vidya sambal yo- jana in respective colleges in respective subject for next academic session 2024 - 2025/next academic semester and fur- ther academic sessions/semesters and also directed to respondents not to ter- minate services of petitioners till avail- ability of vacant post in any Govt. Col- lege 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 petitioner.” 2. By way of filing this writ petition, a prayer has been made to continue the services of the petitioners as guest faculty under the Vidhya Sambal Yojna and not to replace them with another set of contractual employees in pur- suance 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 rendered services as Guest Faculty in this scheme in the previous sessions/years, at previous place of posting or nearby place ob- viously subject to availability of vacancies in the previous college/university or nearby place as well as after considering the satis- factory services of petitioners. (ii) Petitioners who have been engaged as Guest Faculty in the previous sessions shall (3 of 4) [CW-3846/2025] not be dislodged/replaced from its previous place with fresh appointment of Guest Fac- ulty, 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 va- cancies 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 already engaged in the previous ses- sions and are willing for appointment/en- gagement in the present session 2023-24 in the Vidya Sambal Scheme, are required to apply afresh pursuant to advertisement is- sued by respondents and his/her re-engage- ment in the Vidya Sambal Scheme for ses- sion 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 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-3846/2025] 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