Dr. Nitika Choudhary D/O Surendra Kumar Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No.2414/2025

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Dr. Nitika Choudhary D/o Surendra Kumar, Resident of Ward No. 18, Bigodana, District Jhunjhunu Rajasthan Presently Working As Assistant Professor (Physics) at Government Girls College, Fatehpur, District Sikar (Raj.)

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Dr. Nitesh Narnolia S/o Sh. Shishupal Narnolia, Resident of VPO- Goriyan Via- Jajod, Tehsil- Khandela, District -Sikar (Rajasthan) Presently Working As Assistant Professor (English) at Government Girls College, Fatehpur, District Sikar (Raj.)

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Dr. Virender Kumar Avana S/o. Shri Sant Kumar, Aged About 48 Years, Resident of Derwala, District Jhunjhunu (Raj.) At Present Working As Assistant Professor, (Public Administration), Government College, Fatehpur District Sikar.

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Dr. Dinesh Badjatya S/o Chothmal Badjatya, Resident Of Vill.- Chandrapura, Post-Nua Distt -Jhunjhunu Rajasthan 333041 At Present Working As Assistant Professor, (Geography) Government College, Fatehpur, District Sikar.

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Vijay Kumar S/o. Shri Mahendra Kumar, Resident of Village and Post Dishnau, Via Balaran, District Sikar (Raj.) At Present Working as Assistant Professor, (Geography) in Government College Losal, District Sikar (Raj.)

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Dr. Jang Bhadur Singh S/o. Mahendra Kumar, Aged About 44 Years, Resident of Village and Post Office Dishnau, Via Balaram, Tehsil Laxmangarh, District Sikar (Raj.) At Present Working As Assistant Professor (Chemistry), Shri Radheyshyam R. Morarka Govt. College, Nawalgarh, Dist. Jhunjhunu.

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Dr. Mahesh Kumar S/o. Shri Kumbharam, Kulhariyon Ki Dhani, Resident of Bisau, District Jhunjhunu (Raj.) At Present Working As Assistant Professor, (Geography ), Government College, Bisau District Jhunjhunu (Raj.)

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Dr. Ravindra Singh S/o Hari Singh Yadav, Resident Of Vpo- Jalawas, Teh- Mundawar, District Khairthal-Tijara, Pin Code - 301714 At Present Working As Assistant Professor, (Political Science), Government Girls College, Ramgarh Pachwara, Distt. Dausa (Raj.)

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Dr. Naveen Kumar S/o Sh. Jawahar Lal, Aged About 36 Years, Masjid Ke Paas, Gaon Dabli Baloda, Teh. Nawalgarh, District Jhunjhunu (Raj.) Presently Working As Assistant Professor (Geography) At Smt. Mohini Devi Chachan, Government College, Sahawa, District Churu (Raj.)

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Dr. Vinod Kumar S/o Sh. Kanshi Ram, Vill. Shekhupuria, P.o. Panjuana, District Sirsa, Haryana-125077 At Present Working As Assistant Professor, (Sociology), Government Girls College, Sandwa, Distt. Churu (Raj.)

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Dr. Saroj Sharma W/o. Shri Mohan Lal, Resident Of Village Gotra Pata, District Hanumangarh Presently Working Assistant Professor History In Government Girls College Sidhmukh, District Churu.

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Dr. Shyo Narayan Raiger S/o. Shri Pokar Ram, Resident Of Ward No.25, Near Pareek School, Rawatsar, District Hanumangarh At Present Working As Assistant Professor In Hindi Government College Pallu, District Hanumangarh.

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Dr. Kamal Jeet S./o. Shri Palaram, Resident Of Village Morwali, Post Jodhpuriya, Tehsil Raniya, District Sirsa Haryana Presently Working Assistant Professor Hindi In Government Girls College Budhajhod, Sriganganagar

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Dr. Updesh Kumar S/o. Shri Ramkhiladi, Aged About 47 Years, Resident Of Near Railway Line, Gayatri Colony, Nadbai, District Bharatpur (Raj.) At Present Working As Assistant Professor, (Geography), Government College, Bhusawar District Bharatpur.

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Raja Prabuddha Vardhan S/o. Shri Tara Singh, Resident Of Tihiya Patti, Bharatpur (Raj.) At Present Working As Assistant Professor, (Political Science) In Government Girls College Rudawal, District Bharatpur (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Higher Education, Government Of Rajasthan Secretariat, Jaipur.

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The Commissioner, College Education, Shiksha Sankul, Jln Marg, Jaipur.

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Principal Secretary, Department Of Finance, Govt. Of

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Rajasthan, Secretariat, Jaipur.

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Principal, Rajesh Pilot, Government College, Lalsot, Dausa, District Dausa.

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The Principal, Shri Kalyan Government Girls College, Sikar District Sikar (Raj.)

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Principal, Radhey Shyam R Murarka, Government College Nawalgarh, District Jhunjhunu (Raj.)

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Principal, Government Arts College, Katrathal, Sikar District Sikar (Raj.)

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Principal, R Murarka, Government College, Jhunjhunu District Jhunjhunu (Raj.)

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Principal Gss, Government College, Near Jaswant Garh, Railway Station, Sujangarh, Churu.

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Principal, Government College Weir, District Bharatpur (Raj.)

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Principal, Maa Jalapadevi Government College, Tara Nagar, Churu (Raj.)

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----Respondents

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For Petitioner(s) : Mr.Shailendra Prakash Sharma with Mr.Avi Sharma

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For Respondent(s) : Mr.Vigyan Shah, AAG with Mr.Shubhendra Singh & Mr.Sankalp Vijay

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JUSTICE ANOOP KUMAR DHAND

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Order

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18/02/2025

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Learned counsel for the petitioners submits that the controversy involved in this petition has already been set at rest by the Co-ordinate Bench of this Court while deciding a batch of writ petition with the lead case of Ram Chaturvedi & Ors. Vs.

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State of Rajasthan & Ors. in S.B. Civil Writ Petition No.1474/2023 vide order dated 28.08.2023. Counsel submits

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that while deciding the aforesaid writ petition, the Co-ordinate Bench of this Court has passed a direction to the respondents that "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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Counsel submits that the aforesaid order passed in the case of Ram Chaturvedi (supra) was assailed by the State by way of filing a batch of Special Appeals, i.e., D.B. Special Appeal Writ No.903/2023 titled as State of Rajasthan Vs. Ram Chaturvedi , whereby the petitioners submitted an application for impleadment and the said application was allowed by the Division Bench vide order dated 17.10.2024 and the following order was passed:-

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"After hearing learned counsel for the parties, we are inclined to stay the effect and operation of the direction contained in Para 11 of the impugned order only to the extent that the benefit of re-engagement by preferential treatment will not be available to those who were earlier discontinued as Guest Faculty and were not working as Guest Faculty when the occasion arise for re-engagement and that this preferential treatment would be available only in the matter of engagement of Guest Faculty in the Institution wherein they have been engaged and actually working and not in any other Institution. Rest of directions will remain operative."

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Counsel submits that in spite of passing of two different orders by the Single Bench and the Division Bench of this Court, now, the respondents are bent upon to replace the petitioners by

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engaging other candidates as Guest Faculty. Counsel submits that the aforesaid act of the respondents is in contravention to the order passed by the Co-ordinate Bench of this Court in the case of Ram Chaturvedi (supra) and the Division Bench of this Court, hence, interference of this Court is warranted.

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Per contra , learned counsel for the respondents opposes the arguments raised by the counsel for the petitioner and submits that the respondents are not committing any contravention. The respondents have challenged the order passed by the Single Bench of this Court in the case of Ram Chaturvedi (supra) before the Division Bench by way of filing D.B. Civil Appeal Writ No.903/2023 , wherein the interim order has been passed and the matter is still sub judice before the Division Bench, hence, under these circumstances, interference of this Court is not warranted.

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Heard and considered the submissions made at Bar and perused the material available on record.

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This fact is not in dispute that the controversy involved in this writ petition has already been decided by the Division Bench of this Court in the case of Ram Chaturvedi (supra) wherein a specific direction has been issued to the respondents for not replacing the petitioners engaged as Guest Faculty in the previous sessions from its previous place, with fresh appointment of Guest Faculty subject to availability of vacant post and need of engagement.

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This fact is not in dispute that the petitioner is still continuing as Guest Faculty at its previous place, but even then the respondents have issued orders to the College to re-engage other

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incumbents as Guest Faculty. Hence, the aforesaid action of the respondents is not justified.

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In view of the above, the instant writ petition stands disposed of by issuing directions to the petitioner to apply again for appointment before the respondents in the light of the judgment passed by the Co-ordinate Bench of this Court in the case of Ram Chaturvedi (supra). It is further directed that in case the petitioner applies for fresh appointment, he should not be displaced or dislodged by giving preferential treatment. This order would be subject to outcome of the Special Appeals pending before the Division Bench.

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The petitioner would be at liberty to file a fresh separate petition with regard to the other grievances raised by him in this petition.

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Stay application and all pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Aayush Sharma /295

Dr. Nitika Choudhary D/O Surendra Kumar v. State of Rajasthan

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Dr. Nitika Choudhary D/O Surendra Kumar v. State of Rajasthan

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