DR. PRERNA DADHICH D/O SH ASHOK KUMAR SHARMA v. STATE OF RAJASTHAN
CW/5274/2025 · 2025-04-04
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14556 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14556 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:15243] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5274/2025
1. Dr. Prerna Dadhich D/o Sh Ashok Kumar Sharma, D- 59, Patel Nagar, Deoli, Tonk, Rajasthan
2. Jai Singh Mitharwal S/o Ram Swaroop, Resident Of Village Bhopalpura, Neem Ka Thana, Guhana, Sikar, Rajasthan. 3. Dr. Radhey Shyam Mundra S/o Sh. Radah Kishan Mundra, Village Kumahariya, Ajmer, Rajasthan. 4. Urmial Kumari Yadav D/o Sh. Suresh Chand, Resident Of Kyasa, Alwar, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Secretary, Department Of Higher Education, , Govt. Of Rajasthan, Secretar- iat, Jaipur. 2. The Commissioner, College Educaiton, Dr. Radha Krishnan Shiksha Sankul, J.l.n. Marg, Jaipur. 3. Principal, Government College, Kekri, Ajmer, Ra- jasthan. 4. Principal, Government College, Tantoti, Kekri, Ajmer, Rajasthan. 5. Principal, Government College, Kadera, Kekri, Ajmer, Rajasthan. 6. Principal, Government College, Chabra, Baran, Ra- jasthan. ----Respondents For Petitioner(s) : Mr. Vikas Kabra For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND Order 04/04/2025
[2025:RJ-JP:15243] (2 of 4) [CW-5274/2025]
1. The instant petition has been preferred with the follow- ing prayer:-
“(i)by issuing an appropriate writ, order or direction the respondents may be re- strained from terminating services of the Petitioners so that the Petitioners are not replaced and they may continue in service for the academic Session for the YEAR 2024-25. (ii) by issuing an appropriate Writ, Order or direction the respondents may be re- strained from giving options of the col- leges where the Petitioners are working so as to protect the posts at such place/col- lege and in the subject where the petition- ers are working. (iii) by issuing an appropriate Writ, Order or direction the Petitioners kindly be per- mitted to apply under the "Vidya Sambal Scheme" anywhere in the State of Ra- jasthan where the advertisement under the Vidya Sambal Scheme has been issued by the respondents and the respondents may kindly bedirected to give Preference to the Petitioners for appointment in the Vidya Sambal Scheme. (iv) Any other appropriate order or direc- tion which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the Petitioners.”
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 &
[2025:RJ-JP:15243] (3 of 4) [CW-5274/2025] 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 en- gage 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 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 dis- lodged/replaced from its previous place with fresh appointment of Guest Faculty, subject to availability of vacant post and need of engage- ment. (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 aspi- rants 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 ap- pointment/engagement in the present session 2023-24 in the Vidya Sambal Scheme, are re- quired to apply afresh pursuant to advertise- ment issued by respondents and his/her re-en- gagement in the Vidya Sambal Scheme for ses- sion 2023-24 would be governed by terms and conditions of the scheme and shall not create any additional equity/claim which is not avail- able in the scheme.”
4. In the aforesaid case of Ram Chaturvedi (supra), the Coordinate Bench of this Court issued directions to the re-
[2025:RJ-JP:15243] (4 of 4) [CW-5274/2025] 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/43