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2025 DAILYLAW 47349 (RAJ)

DR. VINOD BHARDWAJ S/O GANPAT SWAROOP BHARDWAJ v. THE STATE OF RAJASTHAN

CW/15932/2025 · 2025-10-16

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:43438] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15932/2025 1. Dr. Vinod Bhardwaj S/o Ganpat Swaroop Bhardwaj, Aged About 44 Years, R/o 5/26 Ghana Road, Jawahar Nagar, Bharatpur, Rajasthan. Working As Assistant Professor (Political Science) Under Vidhya Sambal Yojna At Govt. College, Sirmathura, Dholpur, Rajasthan. 2. Pankaj Gupta S/o Niranjan Lal Gupta, Aged About 45 Years, R/o Main Market, Tapukra, Alwar, Rajasthan. Working As Assistant Professor (Geography) Under Vidhya Sambal Yojna At Govt. College, Virat Nagar, Jaipur, Rajasthan. 3. Bhura Lal Vaishnav S/o Lehru Das Vaishnav, Aged About 45 Years, R/o Ren Ka Khera, Po Balarada, Chittorgarh, Rajasthan. Working As Assistant Professor (Political Science) Under Vidhya Sambal Yojna At Shri Sanwaliaji Govt. College, Mandaphia, Chittorgarh, Rajasthan. 4. Garima Lohiya D/o Bansi Lal Lohiya, Aged About 40 Years, R/o 1486, Prakash Road, Ajmer, Rajasthan. Working As Assistant Professor (Zoology) Under Vidhya Sambal Yojna At Govt. Girls College, Sarwar, Ajmer, Rajasthan. ----Petitioners Versus 1. The State Of Rajasthan, Through The Secretary, Higher Education, Secretariat, Government Of Rajasthan, Jaipur. 2. The Commissioner, College Education, Block 4, Shiksha Sankul, Jln Marg, Jaipur, Rajasthan. 3. The Principal, Govt. College, Sirmathura, Dholpur, Rajasthan. 4. The Principal, Govt. College, Virat Nagar, Jaipur, Rajasthan. 5. The Principal, Shri Sanwaliaji Govt. College, Mandaphia, Chittorgarh, Rajasthan. 6. The Principal, Govt. Girls College, Sarwar, Ajmer, Rajasthan. ----Respondents [2025:RJ-JP:43438] (2 of 3) [CW-15932/2025] For Petitioner(s) : Mr. Shiv Kumar Sharma Ms. Almas Khanam For Respondent(s) : Mr. Chinmay Saxena, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/10/2025 1. Learned counsel for petitioners while referring order dated 19.09.2025 in D.B. Special Appeal Writ No. 903/2023 titled as “State of Rajasthan & Ors. Vs. Ram Chaturvedi & Anr.” passed by a Division Bench of this Hon’ble Court submits that the case of present petitioners are squarely covered by the controversy already settled by this Court, which is based on judgment in case of Manish Gupta & Ors. Vs. President Bhagidari Samiti & Ors., reported in (2022) 15 SCC 540, passed by Hon’ble Supreme Court of India. He also placed reliance upon order dated 06.10.2025 in SB CWP No.13314/2025 Surendra Nagar and Ors. Vs. State of Rajasthan and Ors. 2. Mr. Chinmay Saxena, AGC accepts notice for respondents. 3. Learned counsel for the respondents is not in a position to refute the above submission. 4. In Ram Chaturvedi’s case (supra), the Court observed and directed as under: “We have heard counsel for both the parties and perused the material on record. After carefully considering the judgment passed by the learned Single Judge of this Court in the matter of Ram Chaturvedi & Ors. (supra) as well as the judgment of the Hon’ble Supreme Court in the matter of Manish Gupta & Ors. [2025:RJ-JP:43438] (3 of 3) [CW-15932/2025] (supra), we deem it just and proper to dispose of these appeals and modify the judgment dated 23.08.2023 passed by the learned Single Judge as follows:- (1) The respondents/original petitioners/applicants are entitled to continue on their respective posts till they are replaced by existing regular employees or regularly selected candidates through RPSC. (2) The respondents/original petitioners/applicants would be continued on their posts provided that sufficient number of students are available for the particular courses(s) for which they were appointed. (3) The respondents/original petitioners/applicants would be entitled to honorarium at the rate of Rs.800/- per hour as is being paid to them presently or to be modified by the State from time to time. With the above modification, the present appeals are disposed of.” 5. In view of the above, the present writ petition is also disposed of on the same terms and directions as in the case of Ram Chaturvedi (supra). 6. Stay petition and pending applications, if any, stand disposed of. (ASHOK KUMAR JAIN),J GAURAV /75