NIMBARAM GURJAR S/O NARAYAN GURJAR v. THE STATE OF RAJASTHAN
CW/3084/2026 · 2026-03-30
Ashok Kumar Jain
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 1185 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1185 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:13338] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3084/2026
1. Nimbaram Gurjar S/o Narayan Gurjar, Aged About 31 Years, R/o Village Sarganv, Post Saramaliya, District Beawar, Rajasthan- 305901.
2. Mahipal Khoja S/o Shravan Lal Khoja, Aged About 36 Years, Village Saradhana, District Ajmer, Rajasthan-
350206.
3. Suryaveer Pratap Mewara S/o Yashwant Pratap Mewara, Aged About 38 Years, R/o Bank Of Baroda Ke Samne, Masuda, District Beawar, Rajasthan- 305623.
4. Vijay Prakash S/o Puran Mal Dholi, Aged About 34 Years, R/o Village Saradhana, District Ajmer, Rajasthan- 305206. ----Petitioners Versus
1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Social Justice And Empowerment, Government Of Rajasthan, Govt. Secretariat, Jaipur, Rajasthan.
2. Director, Rajasthan Residential Educational Institutions Society, Social Justice And Empowerment Department, Room No. 411, Ambedkar Bhawan, Near Civil Lines Phatak, District Jaipur, Rajasthan.
3. Principal Secretary, Secondary Education Department, Government Of Rajasthan, Govt. Secretariat, Jaipur, Rajasthan.
4. Director, Directorate Of Secondary Education, District Bikaner, Rajasthan.
5. Principal, Devnarayan Government Boys Residential School, Masuda, Beawar. ----Respondents For Petitioner(s) : Mr. Harendar Neel Mr. Rohan Gupta For Respondent(s) : Mr. Prateek Saxena for Mr. Kapil Prakash Mathur, AAG Mr. Devansh Sharma, Dy. GC
[2026:RJ-JP:13338] (2 of 3) [CW-3084/2026] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 30/03/2026
1. Instant writ petition is preferred by petitioners with following prayer: i) the impugned actions of respondent authorities by which they are not allowing petitioners to continue their respective posts of Guest Faculty under Vidya Sambal Yojna in school may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside; ii) by issuing appropriate writ or direction in the nature thereof the respondents may kindly be
directed to allow petitioners to continue on their respective posts under Vidya Sambal Yojana in school for next academic sessions/2026-2027 and further academic sessions/semesters and also direct to respondents not to terminate services of petitioners till availability of vacant post in any Government School in State of Rajasthan in subject of petitioners
2.
Learned counsel for petitioners submits that the petitioners contractually engaged by the respondents but to accommodate other persons, the services of petitioners were discontinued. He further submitted that the action of respondents is contrary to the settled norms and also against the policy of the State.
3. Mr. Prateek Saxena on behalf of Mr. Kapil Prakash Mathur, AAG and Mr. Devansh Sharma, Dy. GC accepts notice for respondents.
4. Office is directed to reflect the names of Mr. Kapil Prakash Mathur, AAG and Mr. Devansh Sharma, Dy. GC as counsel for respondents.
5. The issue raised herein is already considered by a Division Bench of this Court in case of “State of Rajasthan & Ors. Vs.
[2026:RJ-JP:13338] (3 of 3) [CW-3084/2026] Ram Chaturvedi & Anr.” D.B. Special Appeal Writ No. 903/2023 decided on 19.09.2025.
6. Having considered the submissions of learned counsel for parties and on perusal of material placed on record, the writ petition is disposed of in light of judgment in case of Ram Chaturvedi (supra) passed by the Division Bench of this Court, after considering judgment dated 28.08.2023 in S.B. Civil Writ Petition No. 1474/2023 “Ram Chaturvedi & Anr. State of Rajasthan & Ors.”, the following directions are issued: (i) The respondents/original petitioners/applicants are entitled to continue on their respective posts till they are replaced by existing regular employees or regularly selected candidates through RPSC. (ii) 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 appointed. (iii) The respondents/original petitioners/applicants would be entitled to honorarium as is being paid to them presently or as modified by the State from time to time. (iv) If the services of petitioners are discontinued then, the respondent(s) shall accommodate and re-engage them within a period of 30 days from date of receipt of copy of the order in same manner and will continue under the scheme till availability of regularly selected candidates.
7. With aforesaid, the instant writ petition stands disposed of.
8. Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J GAURAV /15