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2025 DAILYLAW 14434 (RAJ)

PAWAN KUMAR JAGRAWAL S/O SHRI SITA RAM RAIGAR v. STATE OF RAJASTHAN

CW/5050/2025 · 2025-04-02

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:14808] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5050/2025 1. Pawan Kumar Jagrawal S/o Shri Sita Ram Raigar, Aged About 33 Years, R/o Plot No.50, Chomukha Mode, Salasar Enclave Colony, Jamwaramgarh, Jaipur, Rajasthan- 303109 Worked At Government Girls College Bajju (Assistant Professor-Geography). 2. Dr. Neeru Meena D/o Vishram Lal Meena, R/o Flat No. 128, Gate No.3, New Salimar Extension, Alwar, District Alwar, Rajasthan-301001 Worked At Government Girls College Rajgarh, District Alwar (Assistant Professor- English Literature). 3. Vinita Rajput D/o Shri Shrimansingh Rajput W/o Shri Deependra Chouhan, R/o Ganesh Udhyog Ke Piche, Somnath Nagar Dausa, District Dausa, Rajasthan-303303 At Present Working As Government Girls College Chaksu, (Assistant Professor-Sociology). 4. Bhupendra Kumar Janagal S/o Shri Bhanwar Lal Janagal, R/o Opposite Sophiya School, Sagar Road, Tilak Nagar, Head Post Office, District Bikaner, Rajasthan-334001 Worked At Government Girls College Hanumangarh (Assistant Professor-Zoology). 5. Anil Kumar Surela S/o Shri Ramji Lal Surela, R/o Ganv Khohari, Tehsil Bansur, District Kotputli-Behror, Rajasthan-301402 Worked At Government P.g. College Tijara (Assistant Professor-Botny). 6. Dhanraj Dadalian S/o Shri Narsa Ram Dadalian, R/o Meghwals Street, Village Purara, Post Pomawa, Tehsil Sumerpur, District Pali, Rajasthan-306902 Worked At Government College Kailash Nagar (Sirohi) (Assistant Professor-History). 7. Raj Kumar S/o Shri Ramesh Kumar Meena, R/o Near Water Tank, Villege And Post Kesarpura, Tehsil Sheoganj, District Sirohi, Rajasthan-307027 Worked At Government College Kailash Nagar (Sirohi) (Assistant Professor- Political Science). 8. Pawan Kumar S/o Shri Krishan Lal, R/o H.no. C-25, Shah Satnam Pura, Nezia Khera(44), Sirsa, Haryana-125060 Worked At Government College Momasar (Assistant [2025:RJ-JP:14808] (2 of 5) [CW-5050/2025] Professor-Public Administration). 9. Gurudutt Charan S/o Shri Devi Singh Charan, R/o J-17, Shivaji Nagar, Near Jain Boarding, Jalore, Rajasthan- 343001 Worked At Government College Kailash Nagar (Sirohi) (Assistant Professor-Public Administration). 10. Arpit Charan S/o Shri Sardar Singh Charan, R/o Fci Road, Near Railway Station, Jalor, Rajasthan-343001 Worked At Government College Kailash Nagar (Sirohi) (Assistant Professor-Geography). 11. Prateek Charan S/o Shri Sardar Singh Charan, R/o Fci Road, Near Railway Station, Jalor, Rajasthan-343001 Worked At Government College Bagoda Bhinmal (Assistant Professor-History). ----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 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 [2025:RJ-JP:14808] (3 of 5) [CW-5050/2025] 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 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 [2025:RJ-JP:14808] (4 of 5) [CW-5050/2025] 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 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 [2025:RJ-JP:14808] (5 of 5) [CW-5050/2025] 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/285