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2025 DAILYLAW 13985 (RAJ)

DR. PRIYANKA TOLANDIYA DAUGHTER OF SHRI MANGILAL TOLANDIYA, WIFE OF SHRI AKHILESH KUMAR GOTHWAL v. STATE OF RAJASTHAN

CW/5098/2025 · 2025-04-07

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:15376] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5098/2025 1. Dr. Priyanka Tolandiya Daughter Of Shri Mangilal Tolandiya, Wife Of Shri Akhilesh Kumar Gothwal, Aged About 41 Years, Resident Of C/o Shri Subhash Gothwal, Gopalpura Colony, Jain Petrol Pump Ke Pass, Ajmer Road, Kekri, District Ajmer (Raj). At Present Posted As Lecturer, Subject Botany, At Gov- ernment P.g. College Kekri, Ajmer, Under Vidya Sam- bal Yojna. 2. Dr. Khemraj Dholi Son Of Shri Durga Lal Dholi, Aged About 40 Years, Resident Of Village Chandma, Tehsil Tatoti, District Ajmer (Raj). At Present Posted As Lec- turer, Subject Hindi Literature, At Government P.g. College Kekri, Ajmer Under Vidhya Sambal Yojna 3. Jayant Son Of Shri Guljari Lal, Aged About 28 Years, Resident Of Village Gadli, Post Chuli Bagarian, Dis- trict Falenabad (Haryana) At Present Posted As Lec- turer, Subject Geography , At Government P.g. Col- lege Kekri, Ajmer Under Vidhya Sambal Yojna 4. Dr. Neelam Daughter Of Shri Balvir Singh, Wife Of Shri Purshottam Jharotiya, Aged About 32 Years, Resident Of C/o Shri Kailash Chand Jharotiya, Vinayak Nagar, Iic Bank Wali Gali, Kekri, District Ajmer (Raj). At Present Posted As Lecturer, Subject Chemestry, At Government P.g. College Kekri, Ajmer, Under Vidya Sambal Yojna. ----Petitioners Versus 1. State Of Rajasthan, Through Its Secretary, Higher Education Department, Government Secretariat, Jaipur (Raj). 2. Commissioner, College Education, Commissionerate, College Education, Jaipur (Raj). 3. Principal, Government P.g. College Kekri, Ajmer (Raj). ----Respondents [2025:RJ-JP:15376] (2 of 4) [CW-5098/2025] For Petitioner(s) : Mr. Rakesh Kumar Saini For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 07/04/2025 1. The instant petition has been preferred with the follow- ing prayer:- “1. Action of the respondents by which they are not allowing petitioners to con- tinue 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 re- spondents may kindly be directed to allow petitioners to continue on the post of col- lege lecturer under vidya sambal yojana in respective colleges in respective subject for next academic session 2024 - 2025/ next academic semester and further aca- demic 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 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 fac- ulty 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, [2025:RJ-JP:15376] (3 of 4) [CW-5098/2025] 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 Fac- ulty 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 ren- dered services as Guest Faculty in this scheme in the previous sessions/years, at previous place of posting or nearby place obviously sub- ject to availability of vacancies in the previous college/university or nearby place as well as af- ter considering the satisfactory services of peti- tioners. (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, sub- ject to availability of vacant post and need of engagement. (iii) After re-engagement/adjustment of the pe- titioners i.e. previous Guest Faculty in the Vidya Sambal Scheme, against vacancies for the year 2023-24, the remaining vacant posts of previ- ous years, and on the new vacancies accrued in session 2023-24 may be filled by the fresh as- pirants in accordance with the criteria of selec- tion prescribed in the scheme. (iv) It is made clear that petitioners who were already en- gaged 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 adver- tisement 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 cre- ate any additional equity/claim which is not available in the scheme.” [2025:RJ-JP:15376] (4 of 4) [CW-5098/2025] 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 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/146