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2025 DAILYLAW 5421 (RAJ)

DR. SHARMILA KUMARI W/O SUBODH KUMAR v. STATE OF RAJASTHAN

CW/1679/2025 · 2025-02-03

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:4621] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.1679/2025 1. Dr. Sharmila Kumari W/o Subodh Kumar, Aged About 45 Years, R/o 61-B, Alfa Complex, Police Line, New Gopal Vihar, Nayapura, Kota, Rajasthan. 2. Rakesh Kumar Verma S/o Gopal Lal Verma, Aged About 45 Years, R/o Village And Post- Karwar, Tehsil- Nainwa, Dist.- Bundi, Raj. 3. Jaswant Kumar Verma S/o Chhotu Lal Verma, Aged About 53 Years, R/o 37, Mehra Sadari, Ramchandra Pura Chhawani, Kota, Raj. 4. Neetu Bala Arya W/o Chandrabihari, Aged About 40 Years, R/o Vhl-292, Vivekanand Nagar, Near D-Mart, Vtc - Engineering College Kota, Po - Engineering College Kota, Kota, Rajasthan. 5. Vaishali Badolia W/o Ramesh Malav, Aged About 43 Years, R/o 316, Park 1 Ke Pass, Sector -7, Keshavpura, Kota, Rajasthan. 6. Dr. Neelima Jain W/o Amit Kumar Jain, Aged About 45 Years, R/o 2, Moti Nagar Special Thegda Road, Borkhera, Kota, Raj. 7. Mahesh Sharma S/o Sitaram Sharma, Aged About 40 Years, R/o Hanuman Nagar, Dadabari Ext., Kota, Raj. 8. Dr. Ganesh Lal Meena S/o Arjun Lal Meena, Aged About 42 Years, R/o Vtc Pooniakheri, Po- Uthel, Tehsil- Dalot, Sub District- Arnod, District- Pratapgarh, Rajasthan. 9. Mukesh Kumar Meena S/o Jagannath Meena, Aged About 43 Years, R/o Village- Mohanpur, Mohanpura, District - Jhalawar, Rajasthan. 10. Mukesh Patidar S/o Shaligram Patidar, Aged About 25 Years, R/o Ward No.- 6, Village- Kunchrod, Neemuch, Madhya Pradesh. 11. Dr. Sharwan Kumar Barod S/o Rajendra Kumar Barod, Aged About 37 Years, R/o Ward No.- 09, Amlifala, Po.- Narwali, Tehsil- Ghatol, Amali Phalan, Banswara, Rajasthan. 12. Meena Verma W/o Mahendra Pal Verma, Aged About 44 Years, R/o 3-Pa-55, Vigyan Nagar, Masjid Chouraha, Kota, [2025:RJ-JP:4621] (2 of 4) [CW-1679/2025] Raj. 13. Deen Dayal Verma S/o Ramdev, Aged About 49 Years, R/o Seelor, Dist.- Bundi, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Secretary, Department Of Higher Education, Secretariat, Jaipur. 2. Commissioner, College Education, Shiksha Sankul, Jln Marg, Jaipur. ----Respondents For Petitioner(s) : Mr. Sunil Kumar Jain JUSTICE ANOOP KUMAR DHAND Order 03/02/2025 1. Instant petition has been preferred with the following prayers:- “1. Action of the respondents by which they are not allowing petitioners to continue their posts of college lecturers under vidya sambal yojana in respective colleges in respective subject may kindly be held illegal and arbitrary. 2. By appropriate writ of direction the respondents may kindly be directed to allow petitioners to continue on the post of college lecturer under vidya sambal yojna in respective colleges in respective subject for next academic session 2024- 2025/next academic semester and further academic sessions/semesters and also directed to respondents not to terminate services of petitioners till availability of vacant post in any Govt. College in State of Rajasthan in subject of petitioners. [2025:RJ-JP:4621] (3 of 4) [CW-1679/2025] 3. 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 in pursuance of the advertisement dated 21.01.2025. 3. During the course of arguments, it is apprised to this Court that the similar controversy 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 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 [2025:RJ-JP:4621] (4 of 4) [CW-1679/2025] 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 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 direction to the respondents to give preference to the petitioners by making appointment in pursuance of the advertisement dated 21.01.2025. 6. Stay application and all pending application(s), if any, stand disposed of. (ANOOP KUMAR DHAND),J Karan/27