DR. PANKAJ BHARDWAJ S/O PRAMOD KUMAR SHARMA v. THE STATE OF RAJASTHAN
CW/4807/2025 · 2025-04-02
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 14208 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14208 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:14850] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4807/2025
1. Dr. Pankaj Bhardwaj S/o Pramod Kumar Sharma, Aged About 44 Years, R/o B-8, Radha Vihar, New Sanganer Road, Sodala, Jaipur, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Pushkar, Ajmer. 2. Dr. Sunita Swami W/o Narendra Swami, Aged About 44 Years, R/o Jassusar Gate Ke Andar, Near Sitaram Bhawan, Bikaner, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Kolayat, Bikaner. 3. Dr. Satish Kumar S/o Dilip Singh, Aged About 33 Years, R/o B-98, Bajaj Nagar, Jaipur, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Sambhar Lake, Jaipur. 4. Pooja Soni D/o Deepak Chand Soni, Aged About 31 Years, R/o 117, Ayodhya Nagar, Agra Road, Jamdoli, Jaipur, Rajasthan. Working As Assistant Professor (Sociology) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Bhandarej, Dausa. 5. Lakhan Singh Meena S/o Kailash Chand Meena, Aged About 30 Years, R/o Garhkhera, Nadoti, District Karauli, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Chareda, Dausa. 6. Rajesh Kumar S/o Shiv Kumar, Aged About 30 Years, R/o Village Tihay, Post Tihawali, Tehsil Ramgarh Shekhawat, District Sikar, Rajasthan. Working As Assistant Professor (Eafm) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Gudha, Jhunjhunu. 7. Dr. Poonam Dixit W/o Omveer Sharma, Aged About 42 Years, R/o Ganesh Nagar, Sewar Road, District Bharatpur, Rajasthan. Working As Assistant Professor (English) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Uchchain, District Bharatpur. 8. Dr. Sapna Chauhan D/o Jagdish Prasad Chauhan, Aged About 42 Years, R/o Ward No. 5, Chandmari Road, Post
[2025:RJ-JP:14850] (2 of 5) [CW-4807/2025] Khetri, District Jhunjhunu, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Buhana, Khetri, Jhunjhunu. 9. Prem Chand Verma S/o Gulla Ram, Aged About 43 Years, R/o Village Udaipura, New Verma Colony, Govindpura, Sikar, Rajasthan. Working As Assistant Professor (English Literature) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Reengus, Sikar. 10. Rajendra Prasad Chhilolia S/o Amar Singh, Aged About 45 Years, R/o Near Old Post Office, Near Harijan School, Ward No. 37, Jhunjhunu, Rajasthan. Working As Assistant Professor (Sociology) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls 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, Govt. College, Pushkar, Ajmer. 4. The Principal, Govt. Dungar College, Bikaner. 5. The Principal, Govt. College, Kolayat, Bikaner. 6. The Principal, Govt. Girls College, Sambhar Lake, Jaipur. 7. The Principal, Pandit Naval Kishor Govt. P.g. College, Dausa. 8. The Principal, Govt. Girls College, Bhandarej, Dausa. 9. The Principal, Govt. College, Nangal Rajawatan, District Dausa
10. The Principal, Govt. Girls College, Chareda, Dausa. 11. The Principal, Devnarayan Govt. Girls College, (Bayana) District Bharatpur
12. The Principal, Govt. Girls College, Uchchain, District Bharatpur. 13. The Principal, Shri Kedarnath Modi Govt. College, Gudha, District Jhunjhunu. 14. The Principal, Shri Radheyshyam R. Moraraka Govt. [2025:RJ-JP:14850] (3 of 5) [CW-4807/2025] College, Jhunjhunu. 15. The Principal, Govt. College, Gudha, Jhunjhunu. 16. The Principal, Govt. College, Buhana, District Jhunjhunu. 17. The Principal, Baba Vishambhardas Govt. Girls College, Hod, Khandela, Sikar. 18. The Principal, Govt. College, Reengus, Sikar. 19. The Principal, Shri Kalyan Govt. Girls College, Sikar. 20. The Principal, Govt. Girls College, Fatehpur, Sikar. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 02/04/2025
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 respondent be directed not to replace the petitioners with another set of contractual employee in 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 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 from another set of
[2025:RJ-JP:14850] (4 of 5) [CW-4807/2025] 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.
(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
[2025:RJ-JP:14850] (5 of 5) [CW-4807/2025] 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/65