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2026 DAILYLAW 14506 (RAJ)

RAJENDRA KURI S/O ARJUN LAL v. THE STATE OF RAJASTHAN

CW/15111/2026 · 2026-09-01

Anand Sharma

body2026

Judgment text

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[2026:RJ-JP:35111] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15111/2026 CNR: RJHC020741232026 | URN: CW / 32207U / 2026 1. Rajendra Kuri S/o Arjun Lal, aged about 43 Years, R/o Village Kardka, Tehsil Shrimadhopur, Thoi Sikar Rajasthan. 2. Rajneesh Hingonai W/o Dr. Rajkamal Sukhadia, aged about 39 years, R/o 145, Ward No 16, Tulasi Narayan Ji Ki Bagichi, Shiwaji Colony Niwai Tonk, Rajasthan. 3. Raju Ram Meghwal S/o Sajan Ram, aged about 45 Years, R/o 294, Meghwalo Ki Dhani, Sirmandi, Tehsil Osian, Sirmandi, Jodhopur, 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 Commissioner, Sanskrit Education, Block 4, Shiksha Sankul, JLN Marg, Jaipur, Rajasthan. 4. The Principal, Govt. Girls College, Pokharn, District Jaisalmer Rajasthan. 5. The Vice Chancellor, Pandit Dindayal Upadhyaya Shekhawati University, District Sikar Rajasthan. ----Respondents For Petitioner(s) : Mr. Gourav Pareek Mr. Ayush Bishnoi For Respondent(s) : Mr. Chinmay Saxena, Asst. G.C. Ms. Ritika Naruka for Mr. S.S. Naruka,AAG HON'BLE MR. JUSTICE ANAND SHARMA Order 01/09/2026 1. Learned counsel appearing for both the parties are in complete agreement that issue involved in the instant writ petition [2026:RJ-JP:35111] (2 of 3) [CW-15111/2026] has already been referred by the Division Bench of this Court in D.B. Special Appeal (Writ) No.1270/2025 (Dr. Shashi Pandit Vs. The State of Rajasthan & Ors.) for consideration by a Larger Bench. As many as three questions have been framed, which are as under:- "11. The question of law framed reads as under:- 1.Whether, in the context of higher education, the selection and engagement of guest faculties under the Vidya Sambal Yojna or similar schemes should be exercised with latitude and flexibility by the appointing institutions, permitting assessment and selection based on higher qualifications, greater suitability, superior merit, and better performance, so as to uphold academic dynamism and institutional excellence? 2.Whether guest faculties engaged under the Vidya Sambal Yojna or any analogous scheme can claim aright of continuance on their respective posts until they are replaced by existing regular employees or by candidates regularly selected through the Rajasthan Public Service Commission (RPSC), notwithstanding the temporary and session-based nature of such engagements? 3.Whether the engagement of guest faculties under the Vidya Sambal Yojna or similar schemes creates any legitimate expectation or vested right to continuation, or whether such appointments remain purely academic arrangements terminable at the end of each academic session, subject to the discretion and academic requirements of the concerned institution?" 2. Learned counsel for the petitioners submits that petitioners are still continuing on the post of Assistant Professor under Vidhya Sambal Yojna. 3. In view of above, at this stage, this Court deems it just and proper to dispose of this writ petition with directions to the respondents to continue the petitioners, if they are being already continued, subject to decision of Larger Bench constituted vide order dated 09.10.2025 passed in D.B. Special Appeal (Writ) No.1270/2025. 4. It is made clear that further rights of the parties shall be governed by the decision given by the Larger Bench and in [2026:RJ-JP:35111] (3 of 3) [CW-15111/2026] case, needs so arises, any of the parties may file an application for revival of the writ petition. 5. Pending application(s), if any, stand(s) disposed of. (ANAND SHARMA),J 25/NEERU