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2025 DAILYLAW 6927 (RAJ)

DR. BIJENDRA SINGH MEENA S/O SURESH CHAND MEENA v. THE STATE OF RAJASTHAN

CW/2371/2025 · 2025-02-12

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2371/2025 1. Dr. Bijendra Singh Meena S/o Suresh Chand Meena, Aged About 38 Years, R/o 36, Aravali Hill Colony, Jagatpura, Jaipur, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Mitrapura, District Sawaimadhopur. 2. Dr. Mamta Sharma D/o Sita Ram Pancholi, Aged About 44 Years, R/o Chang Gate, Beawar, Ajmer, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Kallavas, Dausa. 3. Dr. Hardayal Dhakar S/o Mangal Ram, Aged About 48 Years, R/o Village Bamori, Tehsil Nadoti, District Karauli. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Suroth. 4. Dr. Mahendra Kumar Dhobi S/o Mohan Lal Dhobi, Aged About 30 Years, R/o Village Bamanpura, Post Karsai, Tehsil And District Karauli, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Wazirpur, Gangapurcity, Sawaimadhopur. 5. Dr. Sampurnanand Gotam S/o Bhairoo Lal Shastry, Aged About 42 Years, R/o Takij Wale Ki Bagichi Ke Pass, Ward No. 33, Gangapurcity, Sawaimadhopur. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Wazirpur, Gangapurcity, Sawaimadhopur. 6. Dr. Kuldeep Singh Rathore S/o Ishvar Singh, Aged About 36 Years, R/o Sewti Khurd, Lahasoda, Sawaimadhopur. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Suroth, Karauli. 7. Dr. Jeetendra Kumar Katara S/o Ramkhiladi Katara, Aged About 40 Years, R/o Gayatri Colony, Nadbai, District Bharatpur, Rajasthan. Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal (2 of 5) [CW-2371/2025] Yojna At Govt. College, Suroth, Karauli. 8. Dr. Govind Prasad Pathak S/o Jugal Kishor, Aged About 49 Years, R/p Pathak Pada, Hindauncity, District Karauli, Rajasthan. Assistant Professor (Sanskrit) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Suroth, Karauli. 9. Mohit Karawal S/o Rameshwar Jat, Aged About 29 Years, R/o Ward No. 20, Hathipura, Kishangarh Renwal, District Jaipur, Rajasthan. Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Bassi, Chittorgarh. 10. Dr. Lokesh Kumar Meena S/o Ramdhan Meena, Aged About 28 Years, R/o Sawaimadhopur, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Mitrapura, District Sawaimadhopur. ----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, Saheed Captain Ripudam Singh Govt. College, Sawaimadhopur 4. The Principal, Govt. Girls College, Mitrapura, District Sawaimadhopur. 5. The Principal, Govt. P.g. Girls College, Lalsot, Dausa. 6. The Principal, Govt. College, Kallawas, Dausa. 7. The Principal, Govt. College, Hindauncity, District Karauli. 8. The Principal, Govt. College, Suroth, District Karauli. 9. The Principal, Govt. College, Gangapurcity, Sawaimadhopur. 10. The Principal, Govt. Girls College, Wazirpur, Sawaimadhopur. 11. The Principal Govt. Girls College, Bassi, District Chittorgarh. (3 of 5) [CW-2371/2025] ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 12/02/2025 1. Instant petition has been preferred with the following 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 Vidya Sambal Yojna. 2. By appropriate writ, or direction, the respondent be directed not to replace the petitioners with another set of contractual employee in the garb of fresh advertisement dated 08.01.2025, 21.01.2025, 24.01.2025 and 29.01.2025 (Annex.3). 3. By appropriate writ, order or direction, the Impugned Advertisement dated 08.01.2025, 21.01.2025, 24.01.2025 and 29.01.2025 (Annex.3) may kindly be quashed and set aside. 4. Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper on the facts and in the circumstances 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 petitioners as guest faculty under the Vidhya Sambal Yojna and not to replace them from another set of contractual employees in pursuance of the advertisement issued in January, 2025. (4 of 5) [CW-2371/2025] 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 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 (5 of 5) [CW-2371/2025] not create any additional equity/claim which is not available in the scheme.” 4. 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. 5. 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 different view. 6. In view of the above, this petition stands disposed of with direction to the respondents to give preference to the petitioners by making appointment in pursuance of the advertisement issued in January, 2025. 7. Stay application and all pending application(s), if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/48