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2025 DAILYLAW 33512 (RAJ)

DR. ANAMIKA MODI W/O SHRI RAKESH KUMAR GARG v. THE STATE OF RAJASTHAN

CW/17843/2024 · 2025-02-04

Anoop Kumar Dhand

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.17843/2024 1. Dr. Anamika Modi W/o Shri Rakesh Kumar Garg, Aged About 42 Years, Resident Of Ward No.6, Puranan Bus Stand, Neem Ka Thana, District-Sikar (Present District - Neem Ka Thana) Raj. Presently Working On The Post Of Geography, Lecturer At Government Girls College Ajeetgarh, District - Sikar (Raj.). 2. Smt. Abhilasha Gadwal D/o Shri Sardar Mal Gadwal, Aged About 34 Years, Resident Of Dhani Gadwalon Ki, Tehsil - Shahpura, Jaje Kalan, Jaipur (Raj.) Present Working On The Post Of Home Science Lecturer At Government Raj- Ces Governed College / Nodal College At Ajeetgarh , District -Sikar (Raj.). 3. Dr. Smt. Poonam Agarwal D/o Dwarika Prasad Agarwal, Aged About 36 Years, Resident Of New Colony, Village And Post Shahpura, District - Jaipur (Raj.). Presently Working On The Post Of Political Science Lecturer At Government College Viratnagar, District - Jaipur (Raj.). ----Petitioners Versus 1. The State Of Rajasthan, Through Principal Secretary , Department Of Higher Education , Government Secretariat , Jaipur. 2. The Commissioner , College Education, Shoksha Sankul , Jawahar Lal Nehru Marg , Jaipur. 3. The Principal Raj-Ces (Rajasthan College Education Society), Governed Government Girls College, Ajeetgarh, District - Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Kamal Kant Sharma JUSTICE ANOOP KUMAR DHAND Order 04/02/2025 (2 of 4) [CW-17843/2024] 1. Instant petition has been preferred with the following prayers:- “1. A writ or order direction nature thereof may kindly be issued and the impugned action of the respondents may kindly be quashed and set aside whereby they are going to breach the contractual appointment on or before 28/11/2024; 2. That the respondents may kindly be directed to not to replace the contractual appointment of the petitioners by another contractual set up and the previous contract may kindly be ordered to be continued if the respondents are having vacancies; 3. The respondents may kindly be directed to not to appoint other lecturers in place of the petitioner in contravention of Rule 20 and 21 of the Rules 2023. 4. The respondents may kindly be directed to give the preference to the petitioners if any vacancy arises in future at the nearby colleges or in the same college under the Raj-CES scheme looking to the previous experience of the petitioners. 5. 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 petitioners as College Lecturer under the Vidhya Sambal Yojna and not to replace them from another set of contractual employees. 3. During the course of arguments, it is apprised to this Court that the similar controversy involved in this petition, came before (3 of 4) [CW-17843/2024] 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 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 (4 of 4) [CW-17843/2024] of the scheme and shall not create any additional equity/claim which is not available in the scheme.” 3. In the aforesaid case of Ram Chaturvedi (supra), the Coordinate Bench of this Court has 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. 4. 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 a different view. 5. In view of the above, this writ petition stands disposed of with a direction to the respondents to give preference to the petitioners by making appointment in pursuance of the advertisement. 6. Stay application and all pending application(s), if any, stand disposed of. (ANOOP KUMAR DHAND),J Karan/234