SUNITA GUPTA W/O MANISH GUPTA v. STATE OF RAJASTHAN
CW/4616/2025 · 2025-04-02
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13747 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13747 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:14867] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4616/2025
1. Sunita Gupta W/o Manish Gupta, Aged About 52 Years, R/o 31421, Aravali Vihar, Kalan Kuan, Alwar, Raj.
2. Neeru W/o Dinesh Kumar, Aged About 41 Years, R/o Bheem Nagar Colony, Delhi Road, Rajbhatta, Alwar, Raj.
3. Dr. Shakti Singh Rathod S/o Ram Singh Rathod, Aged About 42 Years, R/o Mukam, Post - Jogiwara, Vaya - Punali, Mando Ki Pal, Dungarpur, Rajasthan.
4. Sunil Chaudhary S/o Rajendra Singh, Aged About 30 Years, R/o Gram Baltikan, Post Baltikarn, Tehsil - Mahavan, Dist. Mathura, Uttar Pradesh.
5. Prakash Chand Bairwa S/o Ram Kumar Bairwa, Aged About 32 Years, R/o House No. 184, Mangla Puri, Phase- 1, Gali No. 3, Palam Colony, South West, Delhi.
6. Madhav Lal Aheer S/o Ganga Ram Aheer, Aged About 42 Years, R/o Ramakheda, Kashmor, Chittorgarh, Raj.
7. Santosh Kumar S/o Chandra Ram, Aged About 44 Years, R/o Vpo - Marwar Balia, Aas Ki Dhani, Nagaur, Rajasthan.
8. Priyanka Sharma D/o Ramavtar Sharma, Aged About 29 Years, R/o Kayamsar, P.o. Ramgarh, Shekhawati, Dist. Sikar, Raj.
9. Prabhu Ram S/o Tansukh Ram, Aged About 53 Years, R/o Ward No.-3, Parsneu, Churu, Rajasthan.
10. Dr. Bhanwar Lal Choudhary S/o Surgyan Choudhary, Aged About 41 Years, R/o 111, Bassinaga, Jaipur, Raj.
11. Dr. Jyoti Kumari W/o Dhananjay Kumar Singh, Aged About 49 Years, R/o House No. B-124, H.k.m. Nagar, Alwar, Rajasthan.
12. Bajaranj Lal Meena S/o Ram Kishor Meena, Aged About 45 Years, R/o 50, Village- Irniya, Karauli, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of Higher Education, Secretariat, Jaipur.
2. Commissioner, College Education, Shiksha Sankul, Jln Marg, Jaipur.
[2025:RJ-JP:14867] (2 of 4) [CW-4616/2025]
3. Principal, Government College, Bibirani.
4. Principal, Government Girls College, Badaguda, Sojat.
5. Principal, Shaheed Ramkesh Meena Government College, Sikrai (Dausa), Raj.
6. Principal, S.c. Bose Government College, Kapasan.
7. Principal, M. L. Verma Government College, Bhilwara, Raj.
8. Principal, Government College, Momasar.
9. Principal, Shaheed Captain Ripudaman Singh Government College, Sawai Madhopur.
10. Principal, Government Girls College, Bahadurpur, Alwar.
11. Principal, Government College, Nadoti ----Respondents For Petitioner(s) : Ms. Shobha Sharma for Mr. Sunil Kumar Jain For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 02/04/2025
1. The instant petition has been preferred with the following prayer:-
“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. 2. By appropriate writ of direction the respondents may kindly be directed to allow petitioners to continue on the post of college lecturer under vidya sambal yojana in respective colleges in respective subject for next academic session 2024-2025/ next academic semester and further academic sessions/ semesters and also directed to respondents not to terminate services of petitioners till availability of vacant post in any
[2025:RJ-JP:14867] (3 of 4) [CW-4616/2025] Govt. College 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 petitioners.”
2. By way of filing this writ petition, a prayer has been made to continue the services of the petitioners as College Lecturers under the Vidhya Sambal Yojna and not to replace them from 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
[2025:RJ-JP:14867] (4 of 4) [CW-4616/2025] 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 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 directions 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 Ashu/58