[2026:RJ-JP:11772] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5008/2026 1. Dr. Babita Sharma D/o Keshav Dev Sharma, Aged About 28 Years, R/o 72, Parwati Colony, Mahesh Nagar, Jaipur, Rajasthan. 2. Chhail Bihari S/o Bhadai Ram, Aged About 56 Years, R/o 96, Nandpuri, Malviya Nagar, Jaipur, Rajasthan. 3. Dr. Shilpa Goyal W/o Sudhir Goyal, Aged About 49 Years, R/o C-10, Sikar House, Outside Chandpole Gate, Jaipur, Rajasthan. 4. Dr. Ashutosh Sharma S/o Ghanshyam Sharma, Aged About 40 Years, R/o 296, Brahmano Ka Mohalla, Jaisingh- pura Khor, Jaipur, Rajasthan. ----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. P.g. College, Rajgarh, Alwar. 4. The Principal, Government College, Tehla, Alwar. 5. The Principal, Govt. Acharya Sanskrit College, Dausa. 6. The Principal, Shri Radha Govind Govt. College, Brahm- puri, Jaipur. 7. The Principal Babu Shobha Ram P.g. College, Alwar. 8. The Principal, Govt. College Laxmangarh, Alwar. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : Mr. Jitendra Kumar & Ms. Ritika Naruka for Mr. S.S. Naruka, AAG HON'BLE DR. JUSTICE NUPUR BHATI Order 19/03/2026 [2026:RJ-JP:11772] (2 of 4) [CW-5008/2026] 1. The instant writ petition has been filed with the following prayers:- “1. By appropriate writ order or direction in the na- ture thereof, the respondents be directed that while en- gaging the Guest Faculty in the upcoming sessions in various colleges/universities under the Raj-CES under Vidya Sambal Scheme, preference shall be given to the petitioner 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 sub- ject to availability of vacancies in the previous college/ university or nearby place. 2. by an appropriate writ order or direction in the na- ture thereof, the respondents be directed that Petitioner who have been engaged as Guest Faculty in the previous sessions shall not be dislodged/replaced from its previ- ous place with fresh appointment of Guest Faculty. 3. By an appropriate writ order or direction in the nature thereof, the respondents be directed to continue the pe- titioner as Guest Faculty under the Vidya Sambal Yojna.” 2. Brief facts of the case are the Petitioners are jointly ag- grieved by the actions of the respondents arising within the juris- diction of this Court. The Petitioners were selected and appointed as Guest Faculty (Assistant Professors) under the Vidya Sambal Yojna pursuant to a duly issued advertisement and a regular se- lection process. They have been discharging their duties sincerely, and their services have consistently been found satisfactory, with no complaints reported against them. Subsequently, despite the Petitioners’ continued engagement and satisfactory performance, the respondents issued a fresh advertisement dated 02.07.2025 inviting applications for the same posts. The Petitioners contend that this action is arbitrary and unjustified, as it seeks to replace existing contractual employees with another set of contractual ap- pointees without any valid reason or adverse record against the [2026:RJ-JP:11772] (3 of 4) [CW-5008/2026] Petitioners. The Petitioners further submit that as per the applica- ble guidelines, any dis-continuation or reduction in contractual en- gagement must be based on a factual report regarding unsatisfac- tory performance. However, in the present case, no such proce- dure has been followed, nor has any inquiry been conducted. The proposed termination of the Petitioners’ services is therefore ille- gal, arbitrary, and contrary to established rules and principles of natural justice. The issue involved in the present petition is no longer res integra, as similar controversies have already been de- cided by this Hon’ble Court in earlier cases, wherein it has been held that existing Guest Faculty should not be replaced by fresh contractual appointees and must be given preference for re-en- gagement subject to availability of vacancies and satisfactory per- formance. Despite this settled position of law, the respondents have acted in contravention thereof, compelling the Petitioners to approach this Hon’ble Court seeking appropriate relief. 3. Heard. 4. Issue notice. Mr. Jitendra Kumar learned counsel associate of Mr. S.S. Naruka, AAG, enters appearance on behalf of respondents and accepts notice on behalf of the respondents. 5. Learned counsel for both the parties are in agreement that the controversy involved in the present writ petition is squarely covered by the judgment of State of Rajasthan & Ors. Vs. Ram Chaturvedi & Ors. in D.B. Special Appeal (Writ) No.903/2023 decided on 19.09.2025. In the aforesaid judgment following directions were given: [2026:RJ-JP:11772] (4 of 4) [CW-5008/2026] "(1). The respondents/original petitioners/appli- cants are entitled to continue on their respective posts till they are replaced by existing regular employees or regularly selected candidates through RPSC. (2). The respondents/original petitioners/applicants would be continued on their posts provided that sufficient number of students are available for the particular courses(s) for which they were ap- pointed. (3). The respondents/original petitioners/applicants would be entitled to honorarium at the rate of Rs.800/- per hour as is being paid to them presently or to be modified by the State from time to time." 6. In view of the consensus, this writ petition is disposed of and the directions given in the above case of Ram Chaturvedi & Ors. (supra) shall also be applicable in the case of the petitioners. 7. Pending application(s), if any, shall stand disposed of. (DR.NUPUR BHATI),J GAURAV SHARMA /14