Usha Kumari, W/O Shri Dinesh Barjatya Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

Usha Kumari, W/O Shri Dinesh Barjatya Vs State of Rajasthan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner entitled to continue on her post till replaced by existing regular employees or regularly selected candidates through RPSC, subject to sufficient students being available for the particular course(s), with honorarium at Rs.800/- per hour (or as modified by the State); writ petition disposed of in the same terms as State of Rajasthan & Ors. v. Ram Chaturvedi & Ors.

Issue for consideration

Whether the present writ petition, involving an issue similar to that decided by the Division Bench order dated 19.09.2025 in State of Rajasthan & Ors. v. Ram Chaturvedi & Ors. (based on Manish Gupta, (2022) 15 SCC 540), should be disposed of in the same terms.

Ratio / Principle

The present Civil Writ Petition is disposed of in the same terms as passed in State of Rajasthan & Ors. versus Ram Chaturvedi & Others.

Key takeaways

By adoption of the terms of the Division Bench order, the petitioner is entitled to continue on her post till replaced by existing regular employees or regularly selected candidates through RPSC, subject to sufficient number of students being available for the particular course(s).ratio¶23
By adoption of the terms of the Division Bench order, the petitioner is entitled to honorarium at Rs.800/- per hour, as is presently being paid or as modified by the State from time to time.ratio¶24
Stay application and pending application(s), if any, stand disposed of.

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Anil Kumar Upman, J.), by order dated 13/05/2026 disposed of S.B. Civil Writ Petition No. 8473/2026 (Usha Kumari v. State of Rajasthan) in the same terms as the Division Bench order dated 19.09.2025 in D.B. Special Appeal Writ No. 903/2023 (State of Rajasthan & Ors. v. Ram Chaturvedi & Ors.), which itself was based on Manish Gupta & Ors. v. President Bhagidari Samiti & Ors., (2022) 15 SCC 540. Respondents did not dispute the factual position. Per the adopted terms, the petitioner is entitled to continue on her post till she is replaced by existing regular employees or candidates regularly selected through RPSC, subject to sufficient number of students being available for the particular course(s), and to honorarium at Rs.800/- per hour as presently paid or as modified by the State from time to time. Stay application and pending applications stand disposed of.

[2026:RJ-JP:20302]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 8473/2026

Usha Kumari, W/o Shri Dinesh Barjatya, Aged About 36 Years, Resident Of Chandrapura, Jhunjhunu, Rajasthan. Presently Working At Government Girls College, Hetamsar, Jhunjhunu, Rajasthan.

----Petitioner

Versus

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

1. Commissioner, College Education, Shiksha Sankul, JLN Marg, Jaipur.

1. Principal, Government Girls College, Hetamsar, Jhunjhunu, Rajasthan.

----Respondents

For Petitioner(s)	: Mr. Arvind Kumar Berwal,Adv.
For Respondent(s)	: Mr. Sachin Singh Rathore, AAAG, with
	Mr. Tanishq Aditya Parmar, Adv., for
	Mr. S.S. Naruka,AAG

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

13/05/2026

Learned counsel appearing on behalf of the petitioner submits that the issue involved in the present writ petition is similar to the issue decided by the Hon’ble Division Bench of this Court vide order dated 19.09.2025 passed in D.B. Special Appeal Writ No. 903/2023 : State of Rajasthan & Ors. versus Ram Chaturvedi & Ors, which is based on the judgment passed by the Hon'ble Supreme Court in the case of Manish Gupta & Ors. versus President Bhagidari Samiti & Ors. , reported in (2022) 15 SCC 540.

[2026:RJ-JP:20302]

[CW-8473/2026]

(2 of 3)

Learned counsel appearing for the respondents does not dispute this factual aspect and submits that this petition may be disposed of in the same terms as passed in State of Rajasthan &

Ors. versus Ram Chaturvedi & Others.

The operative portion of the order dated 19.09.2025 reads as follows:

“After carefully considering the judgment passed by the learned Single Judge of this Court in the matter of Ram Chaturvedi & Ors. (supra) as well as the judgment of the Hon’ble Supreme Court in the matter of Manish Gupta & Ors. (supra), we deem it just and proper to dispose of these appeals and modify the judgment dated 23.08.2023 passed by the learned Single Judge as follows:-

(1) The respondents/original petitioners/applicants are entitled to continue on the irrespective posts till they are replaced by existing regular employees or regularly selected candidates through RPSC.

(2) The respondents/original petitioners/applicants would be continued on their posts provided that sufficient number of students are available for the particular courses(s) for which they were appointed. (3) The respondents/original petitioners/applicants would be entitled to honorarium at the rate of Rs.800/- per hour as is being paid to them presently or to be modified by the State from time to time. With the above modification, the present appeals are disposed of.”

[2026:RJ-JP:20302]

[CW-8473/2026]

(3 of 3)

In view of the above, the present Civil Writ Petition is disposed of in the same terms as passed in State of Rajasthan & Ors. versus Ram Chaturvedi & Others.

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

(ANIL KUMAR UPMAN),J

MADAN/21