DR. MANJU W/O SUNIL NIRANIA v. THE STATE OF RAJASTHAN
CW/5278/2025 · 2025-04-04
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 14741 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14741 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:15234] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5278/2025
1. Dr. Manju W/o Sunil Nirania, Aged About 43 Years, R/o 41, Kalwar Road, Manohar Place Hotel, Soni Colony, Bhomiya Nagar, Jhotwara, Jaipur, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Kis- hangarh Renwal, Jaipur.
2. Mahendra Kumar Singaria Regar S/o Om Prakash Sin- garia, Aged About 41 Years, R/o Sameliya, Ra- jsamand, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Badakhera, Beawar.
3. Dinesh Singh S/o Tara Singh, Aged About 37 Years, R/o Village Karla, Post Kalinjar, Tehsil And District Beawar, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambal Yo- jna At Govt. College, Badakhera, Beawar.
4. Munesh Kumari Meena D/o Amilal, Aged About 44 Years, R/o Qtr No. D-89-Ii-A, Khetri Nagar, District Jhunjhunu, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Sojat.
5. Dr. Manisha Choudhary D/o Ghasi Ram Choudhary, Aged About 35 Years, R/o 76, Dudhwalo Ki Dhani, Bhikhawas, Via Jobner, Jaipur, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Kis- hangarh Renwal, Jaipur. ----Petitioners Versus
1. The State Of Rajasthan, Through The Secretary, Higher Education, Secretariat, Government Of Ra- jasthan, Jaipur.
2. The Commissioner, College Education, Block 4, Shik- sha Sankul, Jln Marg, Jaipur, Rajasthan.
3. The Principal, Govt. College, Kishangarh Renwal, Jaipur.
[2025:RJ-JP:15234] (2 of 4) [CW-5278/2025]
4. The Principal, Lal Bahadur Shastri Govt. College, Kot- putli, District Kotputli-Behror.
5. The Principal, Sanatan Dharma Govt. College, Beawar.
6. The Principal, Govt. College, Badakhera, Beawar.
7. The Principal, Govt. College, Sojat. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 04/04/2025
1. The instant petition has been preferred with the follow- ing prayer:-
“1. By appropriate writ order or direction in the nature thereof, the respondents be
directed to continue the petitioners as Guest Faculty under the Vidhya Sambal Yojna. 2. By appropriate writ, order or direction, the respondent be directed not to replace the petitioners with another set of contrac- tual employee in the grab of fresh adver- tisement year 2025. 3. Any other appropriate writ, order or di- rection which this Hon’ble Court deems just and proper on the facts and in the cir- cumstances of the case may also be passed in favour of the Petitioners with cost of the petition.”
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
[2025:RJ-JP:15234] (3 of 4) [CW-5278/2025] 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 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-
[2025:RJ-JP:15234] (4 of 4) [CW-5278/2025] 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. 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/45