DR. VINAY KUMAR SHARMA S/O RAJPAL v. STATE OF RAJASTHAN
CW/5042/2025 · 2025-04-07
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 14471 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14471 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:15383] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5042/2025
1. Dr. Vinay Kumar Sharma S/o Rajpal, Aged About 48 Years, R/o 224, Gulal Kund, Ward No.-26, Bharatpur, Rajasthan. 2. Dr. Giriraj Prasad Jangir S/o Bhairu Lal Jangir, Aged About 38 Years, R/o Village - Akodia, Chaturbhu- jpura, Tonk, Rajasthan. 3. Dr. Har Lal Singh S/o Bhagwana Ram, Aged About 48 Years, R/o Ward No. 17, Vpo - Beri, Vaya - Kudan, Tehsil And Dist. Sikar, Raj. 4. Gujan Kumari D/o Rai Sahab, Aged About 28 Years, R/o Abohar, Sardarpura, Fazilka, Punjab. 5. Rakesh Kumar Saharan S/o Amar Singh Saharan, Aged About 45 Years, R/o 13, Ward No. 6, Saharana Baas, Sadulshahar, Ganganagar, Rajasthan. 6. Bhanwar Lal S/o Jodha Ram, Aged About 50 Years, R/o Ward No.- 10, Sangaliya, Sikar, Rajasthan. 7. Dr. Hemant Kumar S/o Surender Kumar, Aged About 28 Years, R/o Majra, Alwar, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of Higher Education, Secretariat, Jaipur. 2. Commissioner, College Education, Shiksha Sankul, Jln Marg, Jaipur. 3. Principal, Government Girls College, Peepla, Bharat- pur, Rajasthan. 4. Principal, Government Arts College, Sikar
5. Principal, Government College, Fatahpur (Sikar). 6. Principal, Dr. Bhimrao Ambedkar Government Col- lege, Shriganganagar. 7. Principal, Government Girls College, Chunawadh, Sadulshahar. 8. Principal, Government Woman College, Sadulshahar. 9. Principal, Government College, Lalgarh Jatan. [2025:RJ-JP:15383] (2 of 4) [CW-5042/2025]
10. Principal, Government College, Jayal, Nagaur. 11. Principal, Shri Dharmchand Gandhi Jain Government College, Bahroad (Kotputli- Bahror). 12. Principal, Government College, Neemrana, Bahror. 13. Principal, Government College, Niwai, Tonk (Raj.) ----Respondents For Petitioner(s) : Ms. Shobha Sharma for Mr. Sunil Kumar Jain 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 petitioners.”
[2025:RJ-JP:15383] (3 of 4) [CW-5042/2025]
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, 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-
[2025:RJ-JP:15383] (4 of 4) [CW-5042/2025] 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.”
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/143