Disposed

Dr. Hemraj Bairwa S/O Shri Bihari Lal Bairwa, v. State of Rajasthan

Rajasthan HC4 Apr 2025CW/5267/2025

Case brief

AI extract

What is this about?

Guest faculty Assistant Professors under the Vidya Sambal Scheme sought continuation of services without fresh advertisements each semester. Following an earlier decision in a similar matter, the court disposed of the petition directing respondents to consider petitioners' cases strictly per that decision's directions.

What did the court decide?

Respondents directed to consider petitioners' engagement strictly in accordance with directions issued in Ram Chaturvedi (supra).

Dr. Hemraj Bairwa S/O Shri Bihari Lal Bairwa, Vs… — Education and Admissions | Rajasthan HC (2025)

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[2025:RJ-JP:15233]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 5267/2025

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Dr. Hemraj Bairwa S/o Shri Bihari Lal Bairwa, Aged About 38 Years, Resident Of Village And Post Talawada, Tehsil Khandar, District Sawaimadhopur, Rajasthan, Presently Working As Assistant Professor At Government Girls College Mitrapura, Sawaimadhopur, District Sawaimadhopur (Assistant Professor Geography).

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Dr. Rishpal Meena S/o Shri Netram Meena, Aged About 49 Years, Resident Of Village And Post Sehra, Tehsil Lakshmangarh, District Alwar, Rajasthan, Pin Code-301413 At Presently Working At Government College, Mandawari (Mandawar), District Duasa, Rajasthan (Assistant Professor-Sociology).

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Dr. Subhash Chand Sharma S/o Shri Damodar Prasad Sharma, Aged About 50 Years, Resident Of Village Balyawas, Post Karad, District Sikar, Rajasthan332710, At Present Working At Government College, Nechhwa, Tehsil Lakshmangarh, District Sikar, Rajasthan(Assistant Professor-Sociology).

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Dr. Gopal Lal Choudhary S/o Shri Ramkaran Choudhary, Aged About 38 Years, Resident Of Jato Ki Dhani, Gajsinghpura, Ajmer Road, Jaipur, Rajasthan-302021, Presently Working At Government College Losal, District Sikar, (Assistant Professor-Sociology).

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Dr. Hemraj Chandel S/o Shri Surajmal, Aged About 43 Years, Resident Of Khatikon Ka Mohalla, Anwa, Tehsil Dooni, District Tonk, Rajasthan-304802, Presently Working In Government Girls College, Dooni, District Tonk (Assistant Professor History)

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Dr. Parshu Ram Meena S/o Shri Kanwari Lal Meena, Aged About 42 Years, Resident Of Village Sayawta, Post Kanwara, Tehsil Dooni, District Tonk, Rajasthan304802, Presently Working In Government Girls College, Dooni, District Tonk (Assistant Professor Political Science )

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Vijay Kumar S/o Shri Mahendra Kumar, Aged About 38 Years, Resident Of Village And Post Dishnau Via

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Balaran, District Sikar, Rajasthan-332401, Presently Working At Government College Losal, District Sikar, Rajasthan. (Assistant Professor Geography)

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Dr. Yashpal Singh Rathore S/o Shri Mool Singh Rathore, Aged About 39 Years, Resident Of House No.8, Rishabh Colony, Abhishek Nagar, Masuda Road, Beawar, District Beawar, Rajasthan, Working As Assistant Professor Under Vidya Sambal Scheme, At Present In Shri Brijmohan Lal Sharma Government Girls College, Beawar (Assistant Professor Hindi).

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Dr. Anmol Singh Shekhawat S/o Shri Sardar Singh Shekhawat, Aged About 33 Years, Resident Of Vpo Antwa, Tehsil Kuchaman City, District Nagaur, Rajasthan, Presently Working As Assistant Professor At Government Girls College, Govindgarh, District Jaipur, (Assistant Professor Public Administration).

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Ramjee Lal Meena S/o Gendi Lal Meena, Aged About 41 Years, Resident Of Village Bandaya Ki Dhani, Sonar, Dausa, Rajasthan-303325, Presently Working As Assistant Professor At Government Girls College Ramgarh Pachwara, Dausa, District Dausa (Assistant Professor History), Having Nodal College, Rajesh Pilot Government College, Lalsot, Dausa, District Dausa.

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Jal Singh Gurjar S/o Shri Keshri Singh, Aged About 37 Years, Resident Of Pandeka, Tehsil Pahari, Khandewala, Bharatpur, Rajasthan-321204, Presently Working As Assistant Professor Government College, Pahari, District Deeg (Assistant Professor Hindi).

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Dr. Ram Kumar S/o Shri Surjaram, Aged About 43 Years, Resident Of Suratpura, Post Molisar Bada, Teshsil And District Churu, Rajasthan 331031, Presently Working As Assistant Professor At Smt. Shakuntala Devi Government College, Siddhmukh, Churu, Rajasthan (Assistant Professor Hindi Literature)

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Dr. Pawan Kumar S/o Shri Ratti Ram, Aged About 37 Years, Resident Of Ward No.08, Village Bhangwa, Hanumangarh, Rajasthan, Working Assistant Professor At Smt. Shakuntala Devi Government College, Siddhmukh, Churu, Rajasthan (Assistant Professor

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English).

Dr. Amrit Lal Yogi S/o Shri Sitaram Yogi, Aged About 42 Years, Resident Of 246, Bhoora Patti, Baroli Wazirpur, District Sawaimadhopur-322219, Working As Assistant Professor Government Girls College, Ramgarh Pachwara, Dausa, District Dausa, Having Nodal College, Rajesh Pilot Government College, Lalsot, Dausa, District Dausa. (Assistant Professorhindi Literature)

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Ashok Kumar Meena S/o. Shri Bharat Lal Meena, Aged About 54 Years, Resident Of Village And Post Sankarwara, Tehsil Todabhim, District Karauli Lastly Working As Assistant Professor, Government Girls College, Sandwa, District Churu (Raj.) (Assistant Professor Public Administration)

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Batti Lal Meena S/o. Ratanlal Meena, Aged About 48 Years, Resident Of Village And Post Mannauj, Tehsil Todabhim, District Karauli Lastly Working As Assistant Professor, Government Girls College, Todabhim, District Karauli (Raj.) (Assistant Professor Political Science)

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Mukesh Kumar Swami S/o. Shri Ram Kumar, Aged About 39 Years, Resident Of Kaka Colony, Sardar Sahar, District Churu (Raj.) Lastly Working As Assistant Professor, Government Girls College, Sandwa, District Churu (Raj.) (Assistant Professor Geography)

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----Petitioners

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Versus

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

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

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1. Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur.

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1. Principal, Government Girls College Mitrapura, Sawaimadhopur, District Sawaimadhopur

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1. Principal, Government College, Mandawari (Mandawar), District Duasa, Rajasthan

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1. Principal, Government College, Nechhwa, Tehsil Lak-

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shmangarh, District Sikar, Rajasthan

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Principal, Government College Losal, District Sikar (Raj.)

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Principal, Government Girls College, Dooni, District Tonk (Raj.)

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Principal, Shri Brijmohan Lal Sharma Government Girls College, Beawar District Beawar.

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Principal, Government Girls College, Govindgarh, Jaipur District Jaipur,

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Principal, Government Girls College, Ramgarh Pachwara, Dausa, Distrct Dausa.

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Principal, Government College, Pahari, District Deeg (Raj.)

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Principal, Smt. Shakuntala Devi Government College, Siddhmukh, Churu, District Churu Rajasthan

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Principal, Government Girls College, Sandwa, District Churu (Raj.)

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Principal, Government Girls College, Todabhim, District Karauli(Raj.)

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----Respondents

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For Petitioner(s)	: Mr. Shailesh Prakash Sharma
For Respondent(s)	:

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JUSTICE ANOOP KUMAR DHAND

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Order

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04/04/2025

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

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“i) By an appropriate, writ, order or direction the impugned letter dated 21.1.2025 issued by Joint Director HRD (College Education) Rajasthan written to all Principles of the Government Colleges and the letter dated 24.1.2025 issued Joint Director HRD (College Education) Rajasthan

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amending condition No.4 and advertisements issued in pursuance thereof by respective Government Colleges of the petitioners may kindly be quashed and set aside to the extent of petitioners before the Hon'ble Court. ii) By an appropriate, writ, order or direction the issuance of advertisements by the Colleges every Session/Semester working under the administrative and pervasive control of Raj-CES and under the directions of Commissioner College Education may kindly be declared as illegal and be quashed and set aside by the Hon'ble Court.

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iii) By an appropriate, writ, order or direction, the impugned action of the respondents of removing/ terminating services of the petitioners after completion of every semester as per the present Scheme of Education and engagement in pursuance of fresh advertisement again as per the assessment of their qualification and preparation of panel of guides faculty as per the seniority on the basis of Academic Performance Index as existing in the VIDHYA SAMBAL SCHEME, may kindly be quashed and set aside.

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iv) By an appropriate, writ, order or direction the impugned action of the respondents of replacing the guest faculty Assistant Professor, by a person already regularly selected, sent or deputation to replace them, keeping the post from which they are coming kept vacant, in such circumstances the respondents be further directed to sent the guest faculty Assistant Professor to fill the vacant post of deputationist.

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v. By an appropriate, writ, order or direction the respondents be directed to allow the petitioners to continue their services as Assistant Professor in respective Govt. Colleges in their subject continuously once their annual performance index has been assessed for a particular session and

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petitioners have been appointed thereafter and if any verbal order terminating the services is given by the respondents, the aforesaid impugned action may kindly be quashed and set aside.

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vi). By an appropriate, writ, order or direction the impugned action of the respondents of issuing fresh advertisement for every Semester/Session may kindly be declared as illegal, to the extent of those posts which are already filled in and where petitioners are rendering services, in the respective colleges as Assistant Professor in their subject.

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Vii).Any other order, which this Hon'ble Court deem just and proper may kindly be passed in favour of the petitioner-Plaintiff xi)Cost of the writ petition is also in faovur of the petitioner.”

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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.

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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:-

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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 avail-

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

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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.

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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.

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In view of the above, this petition stands disposed of with direction to the respondents to consider the case of the

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petitioners strictly in accordance with the direction issued in

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the case of Ram Chaturvedi (Supra).

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

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(ANOOP KUMAR DHAND),J

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KuD/42

Dr. Hemraj Bairwa S/O Shri Bihari Lal Bairwa, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Hemraj Bairwa S/O Shri Bihari Lal Bairwa, v. State of Rajasthan

Case brief

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What did the court decide?

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