Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 6966 (RAJ)

DR. KAMLESH BAIRWA S/O MISHRI LAL BAIRWA v. THE STATE OF RAJASTHAN

CW/2376/2025 · 2025-02-12

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2376/2025 1. Dr. Kamlesh Bairwa S/o Mishri Lal Bairwa, Aged About 48 Years, R/o Vpo Chandan Holi, Tehsil Bamanwas, District Sawaimadhopur, Rajasthan. Working As Assistant Professor (Economics) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Andhi, Jamwaramgarh, District Jaipur. 2. Jitendra Kumar Gauttam S/o Hanuman Sahai Sharma, Aged About 43 Years, R/o Brahmano Ki Dhani, Vpo Jhar, Vaya Banskho, District Jaipur, Rajasthan. Working As Assistant Professor (Sanskrit) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Andhi, Jamwaramgarh, District Jaipur. 3. Pawan Kumar Bunkar S/o Harishankar Bunkar, Aged About 45 Years, R/o 2474, Koliyon Ka Mohalla, Amer, Jaipur, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Andhi, Jamwaramgarh, District Jaipur. 4. Dr. Purushottam Saini S/o Gopal Singh Saini, Aged About 39 Years, R/o B 107-B, Anand Puri Marg, Moti Dungari Road, Jaipur, Rajasthan. Working As Assistant Professor (Public Administration) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Andhi, Jamwaramgarh, District Jaipur. 5. Dr. Manisha D/o Nanak Ram, Aged About 39 Years, Aged About 39 Years, R/o Village Beruda, Masawata, Karauli, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Andhi, Jamwaramgarh, District Jaipur 6. Dr. Mukesh Kumar Verma S/o Prem Chand Verma, Aged About 42 Years, R/o Grain Godown Road, Bajariya, Sawaimadhopur, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Aligarh, Uniyara, District Tonk. 7. Dr. Vishnu Kumar Sharma S/o Ram Avatar Sharma, Aged About 38 Years, R/o Vpo Parana, Tehsil And (2 of 7) [CW-2376/2025] District Tonk, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Bhagwan Aadinath Jayraj Marwada Govt. College, Nainwa, Bundi. 8. Kavita Sharma D/o Vijay Shankar Sharma, Aged About 39 Years, R/o Vpo Parana, Tehsil And District Tonk, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Bhagwan Aadinath Jayraj Marwada Govt. College, Nainwa, Bundi. 9. Dr. Surendra Kumar Sharma S/o Rajendra Kumar Sharma, Aged About 48 Years, R/o Rajvilas, H. No. 123, Gate No. 3, Rajat Grah Colony, Nainwa Road, Bundi, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambal Yojna At Bhagwan Aadinath Jayraj Marwada Govt. College, Nainwa, Bundi. 10. Himansh Singh Barola S/o Devendra Singh Barola, Aged About 25 Years, R/o Plot No. 1, Janki Devi Colony, Gupteshwar Road, Dausa, Rajasthan. Working As Assistant Professor (English Literature) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Bhandarej, Dausa. 11. Madhvi Parashar D/o Shambhoo Dayal Sharma, Aged About 39 Years, R/o Plot No. 25, Panchwati Colony, Kamla Nehru Nagar, Bhankrota, Jaipur, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Bhandarej, Dausa. 12. Dr. Pitamber Dutt Sharma S/o Gordhan Lal Sharma, Aged About 45 Years, R/o C-215, Nainwa Road, Gate No. 5, Navjivan Sang Colony, Bundi, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Hindoli, Bundi. 13. Rakesh Yadav S/o Hanuman Sahay Yadav, Aged About 34 Years, R/o Dhani Udawala, Bawri, Post Chimanpura, Tehsil Shahpura, Jaipur, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls (3 of 7) [CW-2376/2025] College, Bhandarej, Dausa. 14. Dr. Satyadev Kumar Sharma S/o Mahesh Kumar Sharma, Aged About 29 Years, R/o 195/232, Sector- 19, Pratap Nagar, Sanganer, Jaipur, Rajasthan. Working As Assistant Professor (English Literature) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Datwas, Niwai, Tonk. 15. Sachin Kumar Swarnkar S/o Ashok Kumar Swarnkar, Aged About 31 Years, R/o Vpo Khandeep, Tehsil Wazirpur, Gangapurcity, Sawaimadhopur, Rajasthan. Working As Assistant Professor (English) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Kotkhawada, Jaipur, Rajasthan. 16. Keshav Singh Palawat S/o Udai Singh Palawat, Aged About 39 Years, R/o Village Chomukha, Post Jamwaramgarh, Jaipur, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Godu, Bajju, Bikaner. 17. Swati Bhati D/o Ram Lal Solanki, Aged About 46 Years, R/o Shiv Niwas, Purani Ginni, Bikaner, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Jasrasar, Bikaner, Rajasthan. 18. Dr. Amrata Choudhary D/o Har Prasad Choudhary, Aged About 43 Years, R/o 37, Madhaw Nagar, Durgapura Railway Station, Jaipur, Rajasthan. Working As Assistant Professor (Political Science) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Bhandarej, Dausa.. ----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, Jamwaramgarh, District Jaipur. (4 of 7) [CW-2376/2025] 4. The Principal, Govt. College, Andhi, Jamwaramgarh, District Jaipur. 5. The Principal, Govt. College, Uniyara, District Tonk. 6. The Principal, Govt. Girls College, Aligarh, Uniyara, District Tonk. 7. The Principal, Govt. College, Bundi. 8. The Principal, Bhagwan Adinath Jairaj Marwara Govt. College, Nainwa, Bundi. 9. The Principal, Govt. College, Hindoli, Bundi. 10. The Principal, Swargiya P.n.k.s. Govt. P.g. College, Dausa. 11. The Principal Govt. Girls College, Bhandarej, Dausa. 12. The Principal, Govt. College, Niwai, District Tonk. 13. The Principal, Govt. Girls College, Dattwas, Tonk. 14. The Principal, Govt. College, Jaipur. 15. The Principal, Govt. College, Kotkhawada, Jaipur. 16. The Principal, Govt. College, Bajju, Bikaner. 17. The Principal, Govt. College, Godu, Bajju, Bikaner. 18. The Principal, Govt. College, Bajju, Bikaner. 19. The Principal, Mangilal Bagdi Govt. College, Nokha, Bikaner. 20. The Principal, Govt. College, Jasrasar, Bikaner. ----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 (5 of 7) [CW-2376/2025] 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. 3. By appropriate writ, order or direction, the respondent be directed to give same benefit as given in the case of Ram Chaturvedi & Ors. Vs. State of Rajasthan (SB CWP No.1474/2023) along with bunch of petitions decided vide dated 28.08.2023 by the Hon'ble High Court, Jaipur. 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. 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 (6 of 7) [CW-2376/2025] 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 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 (7 of 7) [CW-2376/2025] (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/50