DR. KAMAL KUMAR SHARMA S/O DURGA PRASAD SHARMA v. THE STATE OF RAJASTHAN
CW/7429/2026 · 2026-04-24
Munnuri Laxman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 2323 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 2323 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:17444] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7429/2026
1. Dr. Kamal Kumar Sharma S/o Durga Prasad Sharma, Aged About 30 Years, R/o V/p Ghinoi, Chomu, Jaipur, Rajasthan. Working As Assistant Professor (Genetics And Plant Breeding) Under Vidhya Sambal Yojna At Govt. Agriculture College, Behrawanda Khurd, Sawai Madhopur, Rajasthan. 2. Varsha Saini D/o Hemraj Saini, Aged About 26 Years, R/o 51/555 Bhopo Ka Bara, Opp. Ramdev Temple, Ajmer, Rajasthan. Working As Assistant Professor (English Lit.) Under Vidhya Sambal Yojna At Govt. Girls College, Nasirabad, Ajmer, Rajasthan. 3. Mish Al D/o Zahid Hussain, Aged About 25 Years, R/o Near Katla Masjid, Kekri, Ajmer, Rajasthan. Working As Assistant Professor (Chemistry) Under Vidhya Sambal Yojna At Govt. College, Sawar, Ajmer, Rajasthan. 4. Dr. Namita Dave W/o Ashwanikant Dave D/o Girja Shanker Sharma, Aged About 43 Years, R/o Gujrati Mohalla, Near Govind Temple, Purani Kekri, Kekri, Ajmer, Rajasthan. Working As Assistant Professor (Zoology) Under Vidhya Sambal Yojna At Govt. College, Sawar, Ajmer, Rajasthan. 5. Dr. Yashwant Warkare S/o C.s. Warkare, Aged About 33 Years, R/o Mig 26, Housing Board Colony, Sehore, Madhya Pradesh. Working As Assistant Professor (History) Guest Faculty Under Vidya Sambal At Govt. Girls College Dantaramgarh, Sikar, Rajasthan. 6. Indra Kumar Bankolia S/o Chhaju Ram Bankolia, Aged About 33 Years, R/o Vpo- Jharli, Shrimadhopur, Sikar, Rajasthan. Working As Assistant Professor (English Lit.) Under Vidhya Sambal Yojna At Teekaram Paliwal Govt. College, Mandawar, Dausa, Rajasthan. 7. Dr. Ramlal Chaudharee S/o Ram Dharee Yadav, Aged About 39 Years, R/o H. No. 58, Gorakhpur Mafi, Mirzapur, Devaria, Uttar Pradesh. Working As Assistant Professor (History) Guest Faculty Under Vidya Sambal At Shri Shiv Charan Mathur Govt. College Mandalgarh, Bhilwara, Rajasthan. 8. Dr. Shadab Alam S/o Alauddin, Aged About 41 Years, R/o Gerai, Po Gopiganj, Dist Bhadohi, Uttar Pradesh. Working As Assistant Professor (History) Guest Faculty Under Vidya Sambal Yojna At Teekaram Paliwal Govt. College, Mandawar, Dausa, Rajasthan. 9. Dr. Raj Rani W/o Shankar Soni D/o Roop Singh Verma, Aged About 53 Years, R/o Near Rtdc Midway Jaipur Road, Mahwa, Dausa, Rajasthan. Working As Assistant Professor (Hindi) Guest Faculty Under Vidya Sambal Yojna At Teekaram Paliwal Govt. College, Mandawar, Dausa,
[2026:RJ-JP:17444] (2 of 3) [CW-7429/2026] 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, Shri Govind Singh Gurjar Govt. College, Nasirabad, Ajmer, Rajasthan. 4. The Principal, Govt. College, Kekri, Ajmer, Rajasthan. 5. The Principal, Shaheed Captain Ripudaman Singh Govt. College, Sawai Madhopur, Rajasthan. 6. The Principal, Govt. Commerce College, Sikar, Rajasthan. 7. The Principal, Shri Shiv Charan Mathur Govt. College, Mandalgarh, Bhilwara, Rajasthan. 8. The Principal, Govt. College, Mandawar, Dausa, Rajasthan. 9. The Principal, Dr. B.r. Ambedkar Govt. Pg College, Mahua, Dausa, Rajasthan. ----Respondents For Petitioner(s) : Ms. Almas Khanam For Respondent(s) : Mr. Chinmay Saxena for Mr. S.S. Narula, AAG HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order 24 /04/2026
1.
Learned counsel appearing on behalf of the petitioners submits that the issue involved in the present writ petition is similar to the issue decided by the Hon’ble Division Bench of this Court vide order dated 19.09.2025 passed in D.B. Special Appeal Writ No. 903/2023 : State of Rajasthan & Ors. vs. Ram Chaturvedi & Ors, which is based on the judgment passed by the Hon'ble Supreme Court in the case of Manish Gupta & Ors. Vs. President Bhagidari Samiti & Ors., reported in (2022) 15 SCC 540.
[2026:RJ-JP:17444] (3 of 3) [CW-7429/2026]
2. The operative portion of the order dated 19.09.2025 reads as follows:
“After carefully considering the judgment passed by the learned Single Judge of this Court in the matter of Ram Chaturvedi & Ors. (supra) as well as the judgment of the Hon’ble Supreme Court in the matter of Manish Gupta & Ors. (supra), we deem it just and proper to dispose of these appeals and modify the judgment dated 23.08.2023 passed by the learned Single Judge as follows:- (1) The respondents/original petitioners/applicants are entitled to continue on the irrespective 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 appointed. (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. With the above modification, the present appeals are disposed of.”
3. In view of the above, the present writ petition is disposed of in the same terms as passed in State of Rajasthan & Ors. vs. Ram Chaturvedi & Ors. (supra).
4. All pending applications, if any, shall stand disposed of.
(MUNNURI LAXMAN),J 9 - BhumikaP/-