Sanjeev Kumar S/O Shri Sukhram Singh Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Sanjeev Kumar S/O Shri Sukhram Singh Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondents directed to consider the case of the petitioners strictly in accordance with the directions issued in Ram Chaturvedi (Supra); stay application and pending applications disposed of.

Issue for consideration

Whether the respondents may be directed to allow the petitioners to continue on the post of college lecturer under vidya sambal yojana in their respective colleges and subjects for the next academic session 2024-2025. +1 more

Ratio / Principle

The controversy involved in this petition has already been set at rest in Ram Chaturvedi (supra); this Court finds no valid reason to take a different view.

Key takeaways

The petition stands disposed of with direction to the respondents to consider the case of the petitioners strictly in accordance with the directions issued in Ram Chaturvedi (Supra).ratio¶¶39

Detailed headnote1 paragraphs

Vidhya Sambal Yojna – Guest Faculty – Continuation of engagement – Petitioners, Assistant Professors (Chemistry, Botany, Physics) working as Guest Faculty under Vidhya Sambhal Yojna at Government Colleges at Dholpur and Churu, sought direction to continue on their posts for the next academic session 2024-2025 and not to be replaced by fresh contractual employees engaged pursuant to the advertisement issued in 2025. The Single Judge (Justice Anoop Kumar Dhand) observed that an identical controversy had already been set at rest by a Coordinate Bench of this Court in Ram Chaturvedi & Ors. v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1474/2023), whose quoted directions required (i) preference in re-engagement of previously rendered Guest Faculty subject to availability of vacancies and satisfactory service, (ii) non-dislodgement/replacement of previous Guest Faculty subject to availability of vacant post and need of engagement, (iii) filling of remaining and new vacancies by fresh aspirants per the selection criteria of the scheme, and (iv) fresh application pursuant to the respondents' advertisement, with re-engagement governed by the terms and conditions of the scheme without creating additional equity/claim beyond the scheme. Finding no valid reason to take a different view, this Court disposed of the petition (order dated 04/04/2025) with direction to the respondents to consider the case of the petitioners strictly in accordance with the directions issued in Ram Chaturvedi (Supra); the stay application and pending applications were likewise disposed of.

[2025:RJ-JP:15226]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 5002/2025

Sanjeev Kumar S/o Shri Sukhram Singh, Aged About 41 Years, R/o 63A/a-5, Defence Colony, Agra Cantt, Agra, Uttar Pradesh. Working As Assistant Professor (Chemistry) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College Rajakheda, Dholpur, (Raj.)

Harishchandra Singh S/o Krishna Pal Singh, Aged About 39 Years, R/o Gram Ruria, Post Kapoorpur, Mainpuri, Uttar Pradesh. Working As Assistant Professor (Botany) Guest Faculty Under Vidhya Sambhal Yojna At Govt. College Rajakheda, Dholpur, (Raj.)

Vijent Bhojak S/o Ratan Lal Bhojak, Aged About 38 Years, R/o Sardar Shahar, Near Raj Well, Sardarshahar, Churu, Rajasthan. Working As Assistant Professor (Physics) Guest Faculty Under Vidhya Sambhal Yojna At Govt. Girls College Ratangarh, Churu, (Raj.)

Deepak Singh Rathore C/o Avtar Singh Rathore, Aged About 35 Years, R/o B-49, Sainik Basti Sector 01, Eye Hospital Ke Pass, Ward No. 10, Churu, Rajasthan. Working As Assistant Professor (Chemistry) Guest Faculty Under Vidhya Sambhal Yojna At Swami Gopaldas Govt. College Churu, (Raj.)

----Petitioners

Versus

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

Commissioner, College Education, Shiksha Sankul, J.l.n. Marg, Jaipur.

The Principal, Govt. College Rajakheda, Dholpur, (Raj.)

The Principal, Govt. Girls College, Ratangarh, Churu, (Raj.)

The Principal, Swami Gopaldas Govt. College, Churu, (Raj.)

----Respondents

[CW-5002/2025]

[2025:RJ-JP:15226]	(2 of 4) [CW-5
For Petitioner(s)	: Mr. Shiv Kumar Sharma with Almas Khanam
For Respondent(s)	:

JUSTICE ANOOP KUMAR DHAND

Order

04/04/2025

The instant petition has been preferred with the following prayer:-

“1. Action of the respondents by which they are not allowing petitioners to continue their posts of college lecturers under vidya sambal yojana in respective colleges in respective subject may kindly be held illegal and arbitrary.

By appropriate writ of direction the respondents may kindly be directed to allow petitioners to continue on the post of college lecturer under vidya sambal yojana in respective colleges in respective subject for next academic session 2024 - 2025/ next academic semester and further academic sessions/semesters and also directed to respondents not to terminate services of petitioners till availability of vacant post in any Govt. College in state of Rajasthan in subject of petitioners.

Any other relief which this Court may deems fit and proper may be granted to the petitioner.”

By way of filing this writ petition, a prayer has been made to continue the services of the petitioners as guest faculty under the Vidhya Sambal Yojna and not to replace them with another set of contractual employees in pursuance of the advertisement issued in the year 2025.

[2025:RJ-JP:15226]

[CW-5002/2025]

(3 of 4)

During the course of arguments, it is apprised to this Court that a similar controversy as involved in this petition, came before this Court in the case of “ Ram Chaturvedi & Ors. Vs. State of Rajasthan & Ors.” ( S.B. Civil Writ Petition No.1474/2023 ) and the said controversy has been set at rest with the following directions:-

“(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.

(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.

(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. (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

(4 of 4)

[2025:RJ-JP:15226]

[CW-5002/2025]

any additional equity/claim which is not available in the scheme.”

In the aforesaid case of Ram Chaturvedi (supra), the Coordinate Bench of this Court issued directions to the respondents to give preference to engage the co-petitioners, who have already rendered services as Guest Faculty in this scheme in the previous sessions/years.

Since the controversy involved in this petition has already been set at rest in the case of Ram Chaturvedi (supra), this Court finds no valid reason to take different view.

In view of the above, this petition stands disposed of with direction to the respondents to consider the case of the petitioners strictly in accordance with the direction issued in the case of Ram Chaturvedi (Supra).

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

(ANOOP KUMAR DHAND),J

KuD/12