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2025 DAILYLAW 8426 (RAJ)

DR. PREM SHANKAR MEENA S/O KALU RAM MEENA v. STATE OF RAJASTHAN

CW/2843/2025 · 2025-03-04

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:9322] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2843/2025 1. Dr. Prem Shankar Meena S/o Kalu Ram Meena, Aged About 38 Years, R/o 7, Holi Fala, Village- Chota Semliya, Virpur, Pratapgarh, Rajasthan. 2. Mahipal Gurjar S/o Durga Ram Gurjar, Aged About 33 Years, R/o Ward No. 06, Village- Inderpura, Dhanawata, Tehsil- Udaipurwati, Jhunjhunu, Rajasthan. 3. Priyanshu Joshi S/o Dinesh Kumar Joshi, Aged About 26 Years, R/o Behind Lady Elgin Girls School, Jail Road, Bikaner, Rajasthan. 4. Saroj Choudhary D/o Heera Lal Choudhary, Aged About 32 Years, R/o 4 Indra Nagar Main Road, Jaipur Road, Kis- hangarh, Ajmer, 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) : Ms. Shobha Sharma for Mr. Sunil Kumar Jain For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 04/03/2025 1. The instant petition has been preferred with the following prayer:- “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 respon- dents may kindly be directed to allow petition- [2025:RJ-JP:9322] (2 of 3) [CW-2843/2025] ers to continue on the post of college lecturer under vidya sambal yojana in respective col- leges 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. 3. Any other relief which this Court may deems fit and proper may be granted to the peti- tioner.” 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 em- ployees in pursuance of the advertisement issued in the year 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 direc- tions:- “(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 previ- ous place of posting or nearby place obviously sub- ject to availability of vacancies in the previous col- lege/university or nearby place as well as after con- sidering the satisfactory services of petitioners. (ii) Petitioners who have been engaged as Guest Faculty in the previous sessions shall not be dis- lodged/replaced from its previous place with fresh appointment of Guest Faculty, subject to availability of vacant post and need of engagement. [2025:RJ-JP:9322] (3 of 3) [CW-2843/2025] (iii) After re-engagement/adjustment of the petition- ers 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 al- ready engaged in the previous sessions and are will- ing for appointment/engagement in the present ses- sion 2023-24 in the Vidya Sambal Scheme, are re- quired to apply afresh pursuant to advertisement is- sued 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 re- spondents 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 the expectation from the respondents to give preference to the petitioners at the time of process of appointment in pursuance of the advertisement issued in the year 2025. 7. Stay application and all pending application(s), if any, stand disposed of. (ANOOP KUMAR DHAND),J Ashu/16