Allowed

Pratap Singh v. State of Rajasthan

Rajasthan HC23 May 2024CW/619/2023

Case brief

AI extract

What is this about?

Bunch of writ petitions by Guest Faculty engaged under the Vidya Sambal Scheme seeking re-engagement preference. Court allowed all petitions in same terms as a coordinate Bench's Ram Chaturvedi judgment, adding that priority be accorded by duration of prior service.

What did the court decide?

Petitions allowed in terms of Ram Chaturvedi judgment directions, with added direction to prioritise by duration of past service; pending applications disposed.

Pratap Singh Vs State of Rajasthan — Service and Employment | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6694/2022

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Dr. Gautam Chand Maurya

----Petitioner

Versus

State Of Rajasthan

----Respondent

Connected With

S.B. Civil Writ Petition Nos. 6711/2022, 6720/2022, 6726/2022, 7418/2022, 7452/2022, 7562/2022, 7655/2022, 7812/2022, 7816/2022, 7965/2022, 8519/2022, 8675/2022, 8962/2022, 9244/2022, 9890/2022, 10233/2022, 10258/2022, 10591/2022, 10938/2022, 11229/2022, 11295/2022, 11304/2022, 11319/2022, 11432/2022, 11704/2022, 17493/2022, 18394/2022, 19262/2022, 19647/2022, 469/2023, 619/2023, 784/2023, 1391/2023, 2185/2023, 2514/2023, 2797/2023, 2846/2023, 3189/2023, 3519/2023, 3818/2023, 3895/2023, 4888/2023, 4906/2023, 5063/2023, 5349/2023, 6089/2023, 6319/2023, 6526/2023, 6729/2023, 7370/2023, 7375/2023, 7534/2023, 7569/2023, 7756/2023, 7926/2023, 7937/2023, 7960/2023, 8057/2023, 8286/2023, 8287/2023, 8469/2023, 8478/2023, 8754/2023, 8899/2023, 9245/2023, 9348/2023, 9459/2023, 9573/2023, 9638/2023, 9735/2023, 10081/2023, 10179/2023, 10343/2023, 10624/2023, 10628/2023, 10647/2023, 10876/2023, 11537/2023, 11833/2023, 11915/2023, 11932/2023, 12074/2023, 12166/2023, 12461/2023, 12466/2023, 12661/2023, 12822/2023, 12946/2023, 12988/2023, 13931/2023, 14461/2023, 18490/2022, 7464/2022, 7480/2022, 7507/2022, 8058/2022, 8150/2022, 9174/2022, 9574/2022, 10747/2022, 11058/2022, 618/2023, 1739/2023, 4659/2023, 5731/2023, 8609/2023, 9503/2023, 9543/2023 & 9493/2022.

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For Petitioners :-

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Mr. Manoj Bhandari, Sr. Adv. assisted by Ms. Sapna Vaishnav, Dr. Nikhil Dungawat, Mr. K.L. Chouhan, Mr. N.S. Rajpurohit, Mr. Hukam Singh, Mr. Naresh Singh, Mr. Rakesh Arora, Mr. R.S. Choudhary, Mr. I.S. Pareek, Mr. V.S. Bhawla, Mr. Mahaveer Bhanwariya, Mr. Sangram Singh, Mr. H.R. Nibar, Mr. Ramniwas, Mr. R.K. Saini, Mr. L.S. Udawat, Mr. Jaidev Singh, Mr. Abhishek Pareek, Ms. Varsha Bissa, Mr. Hmanshu Pareek, Mr. Achala Ram & Mr. J.S. Saluja.

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For Respondent(s) :-

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Mr. Manish Patel, AAG assisted by Ms. Mehali Mehta, Mr. Himanshu Shrimali and Mr. Akshay Nagori

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[CW-7812/2022]

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(2 of 3)

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HON'BLE MR. JUSTICE ARUN MONGA Order

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23/05/2024

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All the learned counsels appearing for respective parties are ad idem that then common controversy raised in this Bunch of petitions already stands adjudicated vide a judgment rendered by a Coordinate Bench of this Court at Jaipur in Ram Chaturvedi &

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Ors. Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 1474/2023 decided alongwith other connected matters on 28.08.2023.

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In view of the consensus, I see no reason as to why these petitions be also not allowed in same terms as enunciated in the judgment, ibid.

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It is so ordered.

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For ready reference the directions/observations made by learned Single Judge in the aforesaid judgment are reproduced herein below:-

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“ 11. Therefore, as a final result, writ petitions are disposed of with following directions:-

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(i) Respondents while engaging the Guest Faculty in the session 2023-24 in various colleges/universities under the Raj-CES under Vidya Sambal Scheme, shall give preference to engage the petitioners 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 as well as after considering the satisfactory services of petitioners.

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(ii) Petitioners 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, subject to availability of vacant post and need of engagement.

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(3 of 3)

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[CW-7812/2022]

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(iii) After re-engagement/adjustment of the petitioners i.e. previous Guest Faculty in the Vidya Sambal Scheme, against vacancies for the year 2023-24, the remaining vacant posts of previous years, and on the new vacancies accrued in session 2023-24 may be filled by the fresh aspirants in accordance with the criteria of selection prescribed in the scheme.

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(iv) It is made clear that petitioners who were already engaged in the previous sessions and are willing for appointment/engagement in the present session 2023-24 in the Vidya Sambal Scheme, are required to apply afresh pursuant to advertisement issued by respondents and his/her re-engagement in the Vidya Sambal Scheme for session 2023-24 would be governed by terms and conditions of the scheme and shall not create any additional equity/claim which is not available in the scheme.”

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Apropos, it is expected of the respondents to take expeditious steps to implement the aforesaid directions given that the same were passed way back in August, 2023.

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In the parting, I may hasten to add here that in terms of Para No.10 of the judgment, wherein it has been so observed that preference will be given to those Guest Faculty members, whose services were engaged earlier in the previous academic sessions granted, it is expected of the respondents that they shall accord due priority in terms of duration of the work experience rendered by the faculty members.

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Needless to say, those who have served for longer period will have a preferential right over those who served for lesser duration in past.

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Allowed in above terms.

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Pending application(s), if any, stand disposed of.

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(ARUN MONGA),J

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Jitender

Pratap Singh v. State of Rajasthan

Case brief

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Pratap Singh v. State of Rajasthan

Case brief

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