KAPIL DEV SHARMA S/O SATYA DEV SHARMA v. THE STATE OF RAJASTHAN
CW/4373/2025 · 2025-03-27
Anoop Kumar Dhand
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 13108 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13108 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:13966] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.4373/2025
1. Kapil Dev Sharma S/o Satya Dev Sharma, Aged About 45 Years, R/o Vpo Deoli, Lalsot, District Dausa, Rajasthan. Working As Assistant Professor (Sociology) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Lalsot, District Dausa. 2. Dr. Rakesh Swami S/o Narotam Das Swami, Aged About 40 Years, R/o Bhani Ji Baddi, Nathusar Bas, Near Murlidhar Vyas Colony, Bikaner, Rajasthan. Working As Assistant Professor (Abst) Guest Faculty Under Vidhya Sambal Yojna At Shri Radheyshyam Morarka Govt. College, Nawalgarh, District Jhunjhunu. 3. Dr. Ramesh Kumar Purohit S/o Rajkumar Purohit, Aged About 46 Years, R/o Murlidhar Road, Nathusar Bas, Bikaner, Rajasthan. Working As Assistant Professor (Zoology) Guest Faculty Under Vidhya Sambal Yojna At Govt. College Bajju, Bikaner. 4. Dr. Madan Mohan Purohit S/o Shivratan Purohit, Aged About 44 Years, R/o Surdajani Gali, Barah Gunwad Chowk, Bikaner, Rajasthan. Working As Assistant Professor (Sanskrit) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College Bajju, Bikaner. 5. Sanjay Vyas S/o Rajkumar Vyas, Aged About 45 Years, R/o Ratni Vyas Ka Chowk, Bikaner, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College Bajju, Bikaner. 6. Anand Singh S/o Vijay Singh, Aged About 30 Years, R/o Village Baijati, Post Vijaypura, Tehsil Suroth, District Karauli, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambal Yojna At Govt. College Gangapurcity, Sawaimadhopur. 7. Ganesh Dariya S/o Sultan Raigar, Aged About 30 Years, R/o Vpo Bilochi, Amer, District Jaipur, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Tehla, Rajgarh, Alwar. 8. Dr. Tarun Kumar Yadav S/o Rajendra Prasad Yadav, Aged About 41 Years, R/o Village Kaliyawas, Post Kanwat,
[2025:RJ-JP:13966] (2 of 6) [CW-4373/2025] District Sikar, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Tehla, Rajgarh, Alwar. 9. Dr. Indar Kumar Meena S/o Ram Pratap Meena, Aged About 52 Years, R/o Village Kandoli, Tehsil Rajgarh, District Alwar, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Tehla, Rajgarh, Alwar. 10. Dr. Archana Yadav W/o Manish Yadav, Aged About 45 Years, R/o Village Naya Gaon, Machadi, Post Pada, Reni, Alwar, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Reni, Rajgarh, Alwar. 11. Dr.
Sapna Chauhan D/o Jagdish Prasad Chauhan, Aged About 42 Years, R/o Ward No. 5, Chandmari Road, Post Khetri, District Jhunjhunu, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Babai, Khetri, Jhunjhunu. 12. Dr. Sohan Lal Sharma S/o Nand Kishore Sharma, Aged About 52 Years, R/o Village Jalalpur, Tehsil Shrimadhopur, District Sikar, Rajasthan. Working As Assistant Professor (Sociology) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Khandela, Sikar. 13. Dr. Sunita Devi W/o Mahendra Singh, Aged About 40 Years, R/o Kanodia Mohalla, Ward No. 6, Mahendragarh, Haryana. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Khandela, Sikar. 14. Babu Lal Raigar S/o Laxmi Narayan Raigar, Aged About 49 Years, R/o Raigaro Ka Mohalla, Udaipuriya, Tehsil Chomu, District Jaipur, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Phulera, Jaipur. 15. Sunita Bagoria D/o Jagmohan Bagoria, Aged About 46 Years, R/o 1003, Hiran Magri, Sector-4, Gyan Nagar, Manwa Khera, Udaipur, Rajasthan. Working As Assistant Professor (Sociology) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Reengus, Sikar. 16. Sarita Bajiya D/o Bhagirath Mal Bajiya, Aged About 29 Years, R/o Dhani Raniwali, Vpo Lakhani, Via Reengus,
[2025:RJ-JP:13966] (3 of 6) [CW-4373/2025] District Sikar, Rajasthan. Working As Assistant Professor (Economics) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Babai, Jhunjhunu. 17. Dr. Sanjay Kumar Sharma S/o Shree Ram Chander Sharma, Aged About 42 Years, R/o Plot No. C-2, Shanti Path, Khatu Wala Bhawan, Rpa Road, Sanjay Colony, Panipech, Jaipur, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Pratapgarh, Thanagazi, Alwar. 18. Rakesh Isran S/o Hanumana Ram Isran, Aged About 46 Years, R/o Meghsar, Post Ratan Nagar, District Churu, Rajasthan. Working As Assistant Professor (Zoology) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Fatehpur, Sikar. ----Petitioners Versus
1.
The State Of Rajasthan, Through The Secretary, Higher Education, Secretariat, Government Of Rajasthan, Jaipur. 2. The Commissioner, College Education, Block 4, Shiksha Sankul, Jln Marg, Jaipur, Rajasthan. 3. The Principal, Rajesh Pilot Govt. College, Lalsot, District Dausa. 4. The Principal, Shri Radheyshyam Morarka Govt. College, Nawalgarh, District Jhunjhunu. 5. The Principal, Govt. College, Bajju, Bikaner. 6. The Principal, Govt. Girls College, Bajju, Bikaner. 7. The Principal, Saheed Captain Ripudam Singh Govt. College, Sawaimadhopur
8. The Principal, Govt. College, Gangapurcity, District Sawaimadhopur. 9. The Principal, Govt. P.g. College, Rajgarh, Alwar. 10. The Principal, Govt. College, Tehla, Rajgarh, Alwar. 11. The Principal, Govt. College, Reni, Rajgarh, Alwar. 12. The Principal, Swami Vivekanand Govt. College, Khetri, District Jhunjhunu. 13. The Principal, Govt. Girls College, Babai, District
[2025:RJ-JP:13966] (4 of 6) [CW-4373/2025] Jhunjhunu. 14. The Principal, Govt. College, Buhana, District Jhunjhunu. 15. The Principal, Baba Vishambhar Das Govt. Girls College, Hod, Khandela, District Sikar. 16. The Principal, Govt. College, Khandela, Sikar. 17. The Principal, Govt. College, Reengus, Sikar. 18. The Principal Govt. Shakambhar P.g. College, Sambhar Lake, Jaipur. 19. The Principal, Govt. Girls College, Phulera, District Jaipur. 20. The Principal, Govt. P.g. College, Thanagazi, Alwar
21. The Principal, Govt. Girls College, Pratapgarh, Thanagazi, Alwar
22. The Principal, Govt. Arts College, Sikar. 23. The Principal, Govt. College, Fatehpur, Sikar. ----Respondents For Petitioner(s) : Mr. Aamir Khan JUSTICE ANOOP KUMAR DHAND
Order 27/03/2025
1. The instant petition has been preferred with the following prayer:-
“1. By appropriate writ order or direction in the nature thereof, the respondents be directed to continue the petitioners as Guest Faculty under the Vidya Sambal Yojna. 2. By appropriate writ, order or direction, the respondents be directed not to replace the petitioners with another set of contractual employees in the garb of fresh advertisement year 2025. 3. Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper on the facts and in the circumstances of the case may also be passed
[2025:RJ-JP:13966] (5 of 6) [CW-4373/2025] 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 faculty 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 Petition 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 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 previous place of posting or nearby place obviously subject to availability of vacancies in the previous college/university or nearby place as well as 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, 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 vacancies accrued in session 2023-24 may be filled by the fresh aspirants in accordance with the criteria of selection prescribed in the scheme.
[2025:RJ-JP:13966] (6 of 6) [CW-4373/2025] (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 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 direction to the respondents 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 already 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 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 Karan/27