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2026 DAILYLAW 7781 (RAJ)

USHA KUMARI, W/O SHRI DINESH BARJATYA v. STATE OF RAJASTHAN

CW/8473/2026 · 2026-05-13

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:20302] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8473/2026 Usha Kumari, W/o Shri Dinesh Barjatya, Aged About 36 Years, Resident Of Chandrapura, Jhunjhunu, Rajasthan. Presently Working At Government Girls College, Hetamsar, Jhunjhunu, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Department Of Higher Education, Secretariat, Jaipur. 2. Commissioner, College Education, Shiksha Sankul, JLN Marg, Jaipur. 3. Principal, Government Girls College, Hetamsar, Jhunjhunu, Rajasthan. ----Respondents For Petitioner(s) : Mr. Arvind Kumar Berwal, Adv. For Respondent(s) : Mr. Sachin Singh Rathore, AAAG, with Mr. Tanishq Aditya Parmar, Adv., for Mr. S.S. Naruka, AAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/05/2026 1. Learned counsel appearing on behalf of the petitioner 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. versus Ram Chaturvedi & Ors, which is based on the judgment passed by the Hon'ble Supreme Court in the case of Manish Gupta & Ors. versus President Bhagidari Samiti & Ors., reported in (2022) 15 SCC 540. [2026:RJ-JP:20302] (2 of 3) [CW-8473/2026] 2. Learned counsel appearing for the respondents does not dispute this factual aspect and submits that this petition may be disposed of in the same terms as passed in State of Rajasthan & Ors. versus Ram Chaturvedi & Others. 3. 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.” [2026:RJ-JP:20302] (3 of 3) [CW-8473/2026] 4. In view of the above, the present Civil Writ Petition is disposed of in the same terms as passed in State of Rajasthan & Ors. versus Ram Chaturvedi & Others. 5. Stay application and pending application(s), if any, also stand disposed of. (ANIL KUMAR UPMAN),J MADAN/21