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2025 DAILYLAW 9162 (RAJ)

LAL CHAND DANDIYA S/O PRABHAT RAM DANDIYA v. THE STATE OF RAJASTHAN

CW/3034/2025 · 2025-02-28

Anoop Kumar Dhand

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[2025:RJ-JP:8827] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3034/2025 1. Lal Chand Dandiya S/o Prabhat Ram Dandiya, aged about 36 Years, R/o Village Chhapar, Post Partumpuri, Tehsil Neem Ka Thana, District Sikar, Rajasthan. Working As Assistant Professor (Geography) Guest Faculty under Vidhya Sambal Yojna at Govt. Girls College, Ramgarh Pachwara, Dausa, Rajasthan. 2. Ramjee Lal Meena S/o Gendi Lal Meena, Aged About 43 Years, R/o Village Sonad, Tehsil Ramgarh Pachwara, District Dausa, Rajasthan. Working as Assistant Professor (History) Guest Faculty Under Vidhya Sambal Yojna at Govt. Girls College, Ramgarh Pachwara, Dausa, Rajasthan. 3. Leela Kumari W/o Vikas Kumar, aged about 43 Years, R/o 3-D-19, JNV Colony, Bikaner, Rajasthan. Working as Assistant Professor (Geography) Guest Faculty Under Vidhya Sambal Yojna at Govt. College, Gangasahar, Bikaner, Rajasthan. 4. Asha Khatri W/o Keshwa Khatri, Aged About 47 Years, R/o 328, Rathkhana Colony, Near Bhatiya General Store, Bikaner, Rajasthan. Working as Assistant Professor (Business Administration) Guest Faculty under Vidhya Sambal Yojna at Govt. College, Deshnok, Bikaner, Rajasthan. 5. Geeta Choudhary W/o Gajendra Choudhary, Aged about 40 Years, R/o Majisa Mandir Road, Kheenvsar, Nagaur, Rajasthan. Working as Assistant Professor (Economics) Guest Faculty under Vidhya Sambal Yojna at Govt. College, Deshnok, Bikaner, Rajasthan. 6. Seema Gakhar W/o Gourav Chawla, aged about 47 Years, R/o 5-C-150, Jai Narayan Vyas Colony, Bikaner, Rajasthan. Working as Assistant Professor (Chemistry) Guest Faculty under Vidhya Sambal Yojna at Govt. College, Deshnok, Bikaner, Rajasthan. 7. Pramod Kumar S/o Satyaveer Singh, aged about 31 Years, R/o Lodipura, Post Padampura, District Jhunjhunu, Rajasthan. Working as Assistant Professor (Mathematics) Guest Faculty under Vidhya Sambal Yojna at Govt. [2025:RJ-JP:8827] (2 of 5) [CW-3034/2025] College, Deshnok, Bikaner, Rajasthan. 8. Champa Devi Maurya D/o Bechan Lal Maurya, aged about 45 Years, R/o C-7/3, Near Pawanpuri, Sub Post Office, Patel Nagar, Bikaner, Rajasthan. Working as Assistant Professor (EAFM) Guest Faculty under Vidhya Sambal Yojna at Govt. College, Deshnok, Bikaner, Rajasthan. 9. Dr. Laxmi Narayan Meena S/o Kishor Meena, Aged about 50 Years, R/o Village Chainpura, Post Doroli, Tehsil Kherli, Tehsil Kathumar, District Alwar, Rajasthan. Working as Assistant Professor (Public Administration) Guest Faculty under Vidhya Sambal Yojna at Govt. Girls College, Banskhoh, Jaipur. ----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, Rajesh Pilot Govt. College, Lalsot, District Dausa. 4. The Principal, Govt. Girls College, Ramgarh Pachwara, District Dausa. 5. The Principal, Govt. Dungar College, Bikaner. 6. The Principal, Govt. College, Deshnok, Bikaner, Rajasthan. 7. The Principal, Govt. Girls College, Banskhoh, Jaipur ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 28/02/2025 1. The instant petition has been preferred with the following prayers:- [2025:RJ-JP:8827] (3 of 5) [CW-3034/2025] “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 year 2025. 3. 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 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 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. [2025:RJ-JP:8827] (4 of 5) [CW-3034/2025] (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 (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 at the time of process of appointment in pursuance of the advertisement issued in the year 2025. [2025:RJ-JP:8827] (5 of 5) [CW-3034/2025] 7. Stay application and all pending application(s), if any, stand disposed of. (ANOOP KUMAR DHAND),J Garima/32