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2025 DAILYLAW 13802 (RAJ)

KAILASH CHAND SAINI SON OF SHRI MANGURAM v. THE STATE OF RAJASTHAN

CW/4810/2025 · 2025-04-07

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:15370] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4810/2025 1. Kailash Chand Saini Son Of Shri Manguram, Aged About 49 Years, Resident Of Mataji Ki Dhani, Ward No. 01, Nawalgarh, District Jhunjhunu. (Raj.). 2. Kulda Ram Saini Son Of Shri Narsa Ram Saini, Aged About 47 Years, Resident Of Kua Anuoi, Ward No. 05, Udaipurwati, District Jhunjhunu. (Raj.). 3. Dhoora Ram Son Of Shri Jawahara Ram, Aged About 48 Years, Resident Of Nehro Ki Dhani, Village Kolsiya, Tehsil Nawalgarh, District Jhunjhunu. (Raj.). ----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 Nodal Principal, Govt. College, Sadri, District Pali. 4. The Nodal Principal, Govt. College, Bali, District Pali. 5. The Principal, Govt. College Desuri. District Pali 6. The Principal, Govt. College, Banera, District Bhilwara. ----Respondents For Petitioner(s) : Ms. Manju Chauhan for Mr. Sunil Kumar Saini For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 07/04/2025 1. The instant petition has been preferred with the following prayer:- [2025:RJ-JP:15370] (2 of 4) [CW-4810/2025] “1. By appropriate writ oder 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 directio, the respondent be directed not to replace the petitioners with another set of contractual employee in the garb of resh 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 in favour of the petitioners with cose 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 [2025:RJ-JP:15370] (3 of 4) [CW-4810/2025] 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. (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 [2025:RJ-JP:15370] (4 of 4) [CW-4810/2025] petitioners strictly in accordance with the direction 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/137