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2025 DAILYLAW 14715 (RAJ)

ASHISH GEHLOT S/O SHRI RAM KARAN GEHLOT v. STATE OF RAJASTHAN

CW/5276/2025 · 2025-04-04

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:15238] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5276/2025 1. Ashish Gehlot S/o Shri Ram Karan Gehlot, Aged About 28 Years, R/o Behind Rsv School, J N Vyas Colony, Bikaner, Rajasthan-334003 Worked At Government College Bajju Bikaner (Assistant Professor-Mathe- matic). 2. Dr. Aarti Nirwan D/o Shri Balveer Singh Nirwan, Aged About 35 Years, R/o Near Sattarsar House, Choutina, Well Bikaner, Rajasthan-334001 Worked At Govern- ment College Bajju Bikaner (Assistant Professor- Botany). ----Petitioners Versus 1. State Of Rajasthan, Through Its Secretary, College Education, Secretariat, Jaipur, (Rajasthan) 2. The Commissioner College Education, Block-4, Shik- sha 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. 5. Principal, Government College Bajju, Bikaner, Ra- jasthan ----Respondents For Petitioner(s) : Mr. Praveen Sharma For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 04/04/2025 1. The instant petition has been preferred with the follow- ing prayer:- [2025:RJ-JP:15238] (2 of 4) [CW-5276/2025] “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 il- legal 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 va- cant 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 petitioner.” 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 Petition 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 rendered ser- vices as Guest Faculty in this scheme in the pre- [2025:RJ-JP:15238] (3 of 4) [CW-5276/2025] vious sessions/years, at previous place of post- ing or nearby place obviously subject to avail- ability of vacancies in the previous college/uni- versity or nearby place as well as after consider- ing the satisfactory services of petitioners. (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 previous years, and on the new vacancies accrued in ses- sion 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- 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. [2025:RJ-JP:15238] (4 of 4) [CW-5276/2025] 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/44