State of Rajasthan v. Gajraj Singh Chaoudhari Son of Shri Kedar Lal Jat
Case brief
What is this about?
Keywords/topics: Vidya Sambal Scheme; guest faculty continuation; hourly honorarium Rs. 800/-; preference to previous-session guest faculty; no displacement by fresh guest-faculty engagement; continuation till replacement by existing regular employees or regularly selected candidates through RPSC; condition of sufficient student strength; reliance on Manish Gupta & Ors. v. President, Jan Bhagidari Samiti & Ors., 2022 (15) SCC 540; Single Judge order dated 28.08.2023 in S.B. Civil Writ Petition No. 1474/2023 (Ram Chaturvedi & Ors.) modified; batch of D.B. Special Appeal Writs (SAW 903/2023 and connected matters); Rajasthan Department of Higher/College Education; assistant professors in government colleges; filing delay condoned; impleadment allowed. Useful for appellate treatment of guest/ad hoc teacher continuation rights vis-a-vis fresh contractual engagements.
What did the court decide?
Appeals disposed of by modifying the learned Single Judge's judgment: (1) the respondents/original petitioners/applicants continue on their respective posts till replaced by existing regular employees or regularly selected candidates through RPSC; (2) continuation subject to sufficient number of students for the particular course(s); (3) honorarium at Rs. 800/- per hour as presently paid or as modified by the State from time to time. Delay in filing condoned; impleading applications allowed.