KUMEHAR SINGH JATAV S/O SHRI REKH SINGH JATAV v. STATE OF RAJASTHAN
CW/4817/2025 · 2025-04-02
Anoop Kumar Dhand
Transfer Petitionbody2025
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[ 2025 DAILYLAW 14243 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 14243 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:14767] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4817/2025
1. Kumehar Singh Jatav S/o Shri Rekh Singh Jatav, Aged About 37 Years, R/o Village Math, Post Raipur, Tehsil Wazirpur, District Sawai Madhopur, Rajasthan-322219 Worked At Government Girls College Bajju, District Bikaner, (Assistant Professor-Political Science). 2. Susheel Kumar Pareek S/o Shri Ram Prasad, R/o Village And Post Gogasar, Tehsil Ratangarh, District Churu, Rajasthan-331504 Worked At Government College Bajju, District Bikaner (Assistant Professor-Economics). 3. Chouthmal Kumawat S/o Shri Guljhari Lal Kumawat, R/o Ward No.5, Jharli, Tehsil Srimadhopur, District Sikar, Rajasthan-332707 Worked At Government College Reni, (Assistant Professor-Geography). 4. Durgesh Nandan Sharma S/o Shri Mahesh Chand Sharma, R/o Village No 20, Soumya Vihar Society, Ambedkar Nagar Near, District Alwar Rajasthan-301001 Worked At Government College Reni (Assistant Professor- Sociology). 5. Chahat Arya D/o Shri Dushyant Singh Arya, R/o Aryas, Ram Nagar Colony, Bus-Stand, Rajgarh, District Alwar, Rajasthan-301408 Worked At Government College Reni (Assistant Professor-English Literature). 6. Jale Singh Yadav S/o Shri Bhoop Singh Yadav, R/o Gugria, Post Basai, Tehsil Behror, District Kotputli-Behror, Rajasthan-301709 Worked At Government Pg College Tijara (Assistant Professor-Geography). 7. Dr. Prem Singh Doliya S/o Shri Murali Ram, R/o G-146, Chawand Colony, Bheem Nagar, Khudanpuri Road, District Alwar Rajasthan-301001 Worked At Government Pg College Tijara (Khertal-Tijara) (Assistant Professor- Political Science). 8. Sushma Rani W/o Shri Narendra Singh, R/o Ram Nagar, Robada Ka, 60 Foot Road, District Alwar, Rajasthan- 301001 Worked At Government College Kathumar (Alwar), (Assistant Professor-Sanskrit). 9. Dr. Rajni D/o Shri Ashok Kumar W/o Satender, R/o Near Khori, House No.248, Dhamlawas(136), Rewari, Haryana-
[2025:RJ-JP:14767] (2 of 5) [CW-4817/2025] 123101 Worked At Government Girls College Tapukra (Khertal-Tijara) (Assistant Professor-Political Science). 10. Rajeev Kumar S/o Shri Ram Avtar, R/o Bhopar, Post Muhari, Tehsil Weir, District Bharatpur, Rajasthan-321408 Worked At Devnarayan Government Girls College Bayana District Bharatpur (Assistant Professor-History). 11. Durlabh S/o Shri Lal Chand, R/o A-56, Hasan Khan Mewat Nagar, District Alwar Rajasthan-301001 Worked At Government Agricultural College Tijara (Kherthal-Tijara) (Assistant Professor-Horticulture). 12. Vijendra Yadav S/o Shri Vijay Singh, R/o Dhundhariya Behror, District Kotputli-Behror Rajasthan-301709 Worked At Government College Tijara (Kherthal-Tijara) (Assistant Professor-Zoology). 13. Dr. Bharat Kumar S/o Shri Ram Naresh, R/o 74, Village Iklashpura, Post Shamshabad, Agra (Up)-283125 Worked At Government Girls College Rudhawal (Bharatpur) (Assistant Professor-Geography). 14. Dr.
Krishan Bhagwan Dubey S/o Shri Murlidhar Dubey, R/o 62/222, Hari Bhawan, Nagla Kachiyan, Agra Cantt, Agra, Utter Pradesh-282001 Worked At Government Girls College Rudhawal (Bharatpur) (Assistant Professor-Hindi Literature). 15. Sajna Yadav W/o Shri Ratan Lal Yadav, R/o Mandawara, Udaipurwati, District Neemkathana Worked At Government College Kailash Nagar (Sirohi) (Assistant Professor-Hindi Literature). ----Petitioners Versus
1. State Of Rajasthan, Through Its Secretary, College Education, Secretariat, Jaipur, (Rajasthan)
2. The Commissioner College Education, Block-4, Shiksha Sankul, Jln Marg, Jaipur. 3. Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur. 4. The joint director (hrd), college education, block-4, shiksha sankul, JLN marg, jaipur, rajasthan. ----Respondents
[2025:RJ-JP:14767] (3 of 5) [CW-4817/2025] For Petitioner(s) : Mr. Praveen Sharma 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 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
[2025:RJ-JP:14767] (4 of 5) [CW-4817/2025] 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 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
[2025:RJ-JP:14767] (5 of 5) [CW-4817/2025] 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/66