GOPAL CHOUDHARY C/O RAMNARAYAN CHOUDHARY v. THE STATE OF RAJASTHAN
CW/5615/2026 · 2026-03-30
Ashok Kumar Jain
Transfer Petitionbody2026
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[ 2026 DAILYLAW 1275 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1275 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:13230] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5615/2026
1. Gopal Choudhary C/o Ramnarayan Choudhary, Aged About 41 Years, R/o Vinayak Nagar, Jaipur Road, Kankarda Bhonabay, Ajmer, Rajasthan. Working As Assistant Professor (History) Under Vidhya Sambal Yojna At Govt. College, Sarwar, Ajmer, Rajasthan.
2. Vinod Kumar Butoliya S/o Premswaroop Khatik, Aged About 42 Years, R/o Ward No. 8, Kota Patti, Nayavas, Po Weir, Distt. Bharatpur, Rajasthan. Working As Assistant Professor (Sanskrit) Under Vidhya Sambal Yojna At Govt. College, Kotri, Bhilwara, Rajasthan.
3. Dr. Maitrayee Choudhary D/o Rajeev Choudhary, Aged About 30 Years, R/o Ward No. 5, Kaswa Mohalla, Vpo Dhigal, Jhunjhunun, Rajasthan. Working As Assistant Professor (English Lit.) Under Vidhya Sambal Yojna At Govt. College, Losal, Sikar, 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. Girls College, Sarwar, Ajmer, Rajasthan.
4. The Principal, Govt. College, Sarwar, Ajmer, Rajasthan.
5. The Principal, Govt. College, Kotri, Bhilwara, Rajasthan.
6. The Principal, Govt. College, Shahpura, Bhilwara, Rajasthan.
7. The Principal, Govt. College, Losal, Sikar, Rajasthan.
8. The Principal, Sk Govt. Girls College, Sikar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Shiv Kumar Sharma Ms. Almas Khanam For Respondent(s) : Ms. Ritika Naruka for Mr. S.S. Naruka, AAG
[2026:RJ-JP:13230] (2 of 4) [CW-5615/2026] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 30/03/2026
1. Instant writ petition has been filed by the petitioners with following prayers:
1. by appropriate writ order or direction in the nature thereof, the respondents be
directed to give appointment to the petitioners on the post of Assistant Professor under Vidya Sambal Yojna.
2. by appropriate writ order or direction in the nature thereof, the respondents be
directed that while engaging 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 subject to availability of vacancies in the previous college/university or nearby place.
3. by an appropriate writ order or direction in the nature 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 previous place with fresh appointment of Guest Faculty.
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.
Learned counsel appearing on behalf of respondent(s) while referring and relying upon judgment in case of “State of Rajasthan & Ors. Vs. Ram Chaturvedi & Anr.” D.B. Special Appeal Writ No. 903/2023 order dated 19.09.2025
[2026:RJ-JP:13230] (3 of 4) [CW-5615/2026] submitted that the instant writ petition be disposed of in light of ratio laid down by the Division Bench of this Hon'ble Court. He also submitted that the issue in case of Ram Chaturvedi (supra) has been referred to a Larger Bench and same is still pending. He also submitted that if the services of petitioners were discontinue then, the respondent will accommodate them for re-engaging in same manner in which they were earlier working prior to filing of the writ petition.
4. 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
[2026:RJ-JP:13230] (4 of 4) [CW-5615/2026] manner and will continue under the scheme till availability of regularly selected candidates.
5. With aforesaid, the instant writ petition stands disposed of.
6. Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J GAURAV /26