DR. LOKESH KUMAR S/O HOTI LAL v. THE STATE OF RAJASTHAN
CW/2483/2025 · 2025-02-13
Anoop Kumar Dhand
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 7356 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7356 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2483/2025
1. Dr. Lokesh Kumar S/o Hoti Lal, Aged About 44 Years, R/o Sabora, Tehsil Kumher, District Bharatpur, Rajasthan (Presently District Deeg). Working As Assistant Professor (Hindi) Guest Faculty Under Vidhya Sambal Yojna At Government Girls College, Kherli, District Alwar.
2. Mukesh Chand Khateek S/o Lallu Ram Khateek, Aged About 44 Years, R/o Dantiya, District Alwar, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Barodameo, District Alwar.
3. Dr. Siyaram Sharma S/o Jagan Prasad Sharma, Aged About 53 Years, R/o Haryana Mohalla, Natoj, Tehsil Kathumar, District Alwar, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Kherli, District Alwar.
4. Subash Chand Verma S/o Ram Dayal, Aged About 46 Years, R/o Khera Karauli, Astawan, District Bharatpur, Rajasthan. Working As Assistant Professor (Sociology) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Peepla, District Bharatpur.
5. Dr. Rajesh Kumar Meena S/o Narayan Singh Meena, Aged About 46 Years, R/o Khera Karauli, Astawan, District Bharatpur, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. Girls College, Kherli, District Alwar.
6. Laxman Singh S/o Kishan Singh Rathore, Aged About 46 Years, R/o Village Jirawali, Post Karoth, Tehsil Rajgarh, District Alwar, Rajasthan. Working As Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna At Govt. College, Malakhera, District Alwar. ----Petitioners Versus
(2 of 5) [CW-2483/2025]
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, Government Girls College, Kherli, District Alwar
4. The Principal, Government Girls College, Barodameo, District Alwar.
5. The Principal, Government Girls College, Peepla, District Bharatpur
6. The Principal, Govt. College, Malakhera, District Alwar. ----Respondents For Petitioner(s) : Mr. Ravindra Kumar Paliwal, Mr. Bhagchand Khichi & Mr. Manish Kumar Sharma For Respondent(s) :
JUSTICE ANOOP KUMAR DHAND
Order 13/02/2025
1. Instant petition has been preferred with the following prayers:-
“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, order or direction, the respondent be directed not to replace the petitioners with another set of contractual employee in the garb of fresh advertisement dated 08.02.2025. (3 of 5) [CW-2483/2025]
3. By appropriate writ, order or direction, the Impugned Advertisement dated 08.02.2025 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 dated 08.02.2025. 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
(4 of 5) [CW-2483/2025] 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.”
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. (5 of 5) [CW-2483/2025]
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 different view. 5. 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 dated 08.02.2025. 6. Stay application and all pending application(s), if any, stand disposed of. (ANOOP KUMAR DHAND),J KuD/307