REKHA RATHORE D/O SHRI BHAIRU LAL RATHORE W/O SUNNY NIGAM v. STATE OF RAJASTHAN
CW/1678/2026 · 2026-01-28
Sameer Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16402 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16402 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:3823] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1678/2026 Rekha Rathore D/o Shri Bhairu Lal Rathore W/o Sunny Nigam, Aged About 37 Years, Resident Of Nearby Old Kotwali, Mangalpura, Jhalawar, Rajasthan, Pincode-326001. ----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Skill Planning And Entrepreneurship, Government Secretariat, Jaipur, Rajasthan
2. The Director, Directorate Of Technical Education (Training), W-6, Gaurav Path, Residency Road, Jodhpur, Rajasthan-342032
3. The Deputy Director (Training), Industrial Training Institute, Jhalawar, Riico Industrial Area, Jhalawar, Rajasthan
4. Principal/superintendent, Industrial Training Institute, Jhalawar, Riico Industrial Area, Jhalawar, Rajasthan
5. Hina Sharam D/o Shri Prem Shankar Mishra W/o Vipul Sharma, Aged About 34 Years, Resident Of Near Bsnl Office, Surajpol Naka, Jhalrapatan, Jhalawar, Rajasthan, Presently Working As Guest Instructor (Copa) ----Respondents For Petitioner(s) : Mr. Bhawani S. Saini Mr. Tanmay Sharma Mr. Lokesh Saini Mr. Yogesh Sharma For Respondent(s) :
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 28/01/2026
1.
Learned counsel for the petitioner has submitted that present is the second round of litigation.
[2026:RJ-JP:3823] (2 of 3) [CW-1678/2026]
2. It is submitted that earlier a writ petition (S.B. Civil Writ Petition No. 14703/2025) came to filed by the petitioner and similarly situated persons before this Court, whereby vide order dated 13.10.2025 (Annexure-8, page 49), the Court has passed the following order:
“2. Having considered the submission of learned counsel for petitioners and on perusal of order as placed on record, the present writ petition is
disposed of in terms of order dated 19.09.2025 in D.B. Special Appeal Writ No.903/2023 passed by Hon’ble Division Bench of this Court whereby a guest faculty under the Vidya Sambal Yojna was permitted to continue on said post till availability of regularly selected candidate.”
3. It is further submitted that petitioner is a qualified and experienced Guest Instructor (COPA), and having an unblemished record, the petitioner is continuously discharging the duties on the said post ever-since 01.09.2022.
4.
Learned Counsel for the petitioner has submitted that respondent No.5, who is having less experience and qualification than the petitioner, has been considered on the vacant post, over and above the petitioner, therefore the said action is arbitrary, and the same has been done with malafide intent, without following the principles of transparency and natural justice.
5. Upon bare perusal of the material available on record, this Court has observed that the petitioner and the respondent No.5 were appointed on the said post on a contingency that as and whenever the regular appointment will take place for the said post, the appointment of petitioner will be lapsed and the same can be corroborated by the appointment order which is annexed as Annexure-6. It has further been observed that on account of
[2026:RJ-JP:3823] (3 of 3) [CW-1678/2026] regular appointment, one seat was filled, and petitioner after due
consideration of merit by the appropriate panel, based upon the qualifications, experiences and other relevant criterion, was ranked second, whereas the respondent No.5 was ranked first, and the said facts can be corroborated by the result which is annexed as Annexure-5.
6. In light of the aforesaid facts and circumstances, this Court does not find reasons to interfere in the present matter as the contention of arbitrariness and transparency are devoid of merit and the same has not been corroborated by tangible evidences.
7. This Court does not find any reasons to interfere with the decision-making of the expert body/panel formulated for considering the merit of the candidates.
8. Accordingly, the present writ petition is dismissed. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J DEEPAK/45