Rajasthan High Court - Jodhpur
Abhishek Gurjar vs State Of Rajasthan on 23 May, 2024
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6694/2022
Dr. Gautam Chand Maurya
----Petitioner
Versus
State Of Rajasthan
----Respondent
Connected With
S.B. Civil Writ Petition Nos. 6711/2022, 6720/2022, 6726/2022, 7418/2022,
7452/2022, 7562/2022, 7655/2022, 7812/2022, 7816/2022, 7965/2022,
8519/2022, 8675/2022, 8962/2022, 9244/2022, 9890/2022, 10233/2022,
10258/2022, 10591/2022, 10938/2022, 11229/2022, 11295/2022, 11304/2022,
11319/2022, 11432/2022, 11704/2022, 17493/2022, 18394/2022, 19262/2022,
19647/2022, 469/2023, 619/2023, 784/2023, 1391/2023, 2185/2023,
2514/2023, 2797/2023, 2846/2023, 3189/2023, 3519/2023, 3818/2023,
3895/2023, 4888/2023, 4906/2023, 5063/2023, 5349/2023, 6089/2023,
6319/2023, 6526/2023, 6729/2023, 7370/2023, 7375/2023, 7534/2023,
7569/2023, 7756/2023, 7926/2023, 7937/2023, 7960/2023, 8057/2023,
8286/2023, 8287/2023, 8469/2023, 8478/2023, 8754/2023, 8899/2023,
9245/2023, 9348/2023, 9459/2023, 9573/2023, 9638/2023, 9735/2023,
10081/2023, 10179/2023, 10343/2023, 10624/2023, 10628/2023,
10647/2023, 10876/2023, 11537/2023, 11833/2023, 11915/2023, 11932/2023,
12074/2023, 12166/2023, 12461/2023, 12466/2023, 12661/2023,
12822/2023, 12946/2023, 12988/2023, 13931/2023, 14461/2023,
18490/2022, 7464/2022, 7480/2022, 7507/2022, 8058/2022, 8150/2022,
9174/2022, 9574/2022, 10747/2022, 11058/2022, 618/2023, 1739/2023,
4659/2023, 5731/2023, 8609/2023, 9503/2023, 9543/2023 & 9493/2022.
For Petitioners:-
Mr. Manoj Bhandari, Sr. Adv. assisted by Ms. Sapna Vaishnav, Dr.
Nikhil Dungawat, Mr. K.L. Chouhan, Mr. N.S. Rajpurohit, Mr. Hukam
Singh, Mr. Naresh Singh, Mr. Rakesh Arora, Mr. R.S. Choudhary, Mr. I.S.
Pareek, Mr. V.S. Bhawla, Mr. Mahaveer Bhanwariya, Mr. Sangram Singh,
Mr. H.R. Nibar, Mr. Ramniwas, Mr. R.K. Saini, Mr. L.S. Udawat, Mr.
Jaidev Singh, Mr. Abhishek Pareek, Ms. Varsha Bissa, Mr. Hmanshu
Pareek, Mr. Achala Ram & Mr. J.S. Saluja.
For Respondent(s):-
Mr. Manish Patel, AAG assisted by Ms. Mehali Mehta, Mr. Himanshu
Shrimali and Mr. Akshay Nagori
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[CW-7812/2022]
HON'BLE MR. JUSTICE ARUN MONGA
Order
23/05/2024
1. All the learned counsels appearing for respective parties are
ad idem that then common controversy raised in this Bunch of
petitions already stands adjudicated vide a judgment rendered by
a Coordinate Bench of this Court at Jaipur in Ram Chaturvedi &
Ors. Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition
No. 1474/2023 decided alongwith other connected matters on
28.08.2023.
2. In view of the consensus, I see no reason as to why these
petitions be also not allowed in same terms as enunciated in the
judgment, ibid.
3. It is so ordered.
4. For ready reference the directions/observations made by
learned Single Judge in the aforesaid judgment are reproduced
herein below:-
"11. Therefore, as a final result, writ petitions are disposed of with
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.
(3 of 3)
[CW-7812/2022]
(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."
5. Apropos, it is expected of the respondents to take
expeditious steps to implement the aforesaid directions given that
the same were passed way back in August, 2023.
6. In the parting, I may hasten to add here that in terms of
Para No.10 of the judgment, wherein it has been so observed that
preference will be given to those Guest Faculty members, whose
services were engaged earlier in the previous academic sessions
granted, it is expected of the respondents that they shall accord
due priority in terms of duration of the work experience rendered
by the faculty members.
7. Needless to say, those who have served for longer period will
have a preferential right over those who served for lesser duration
in past.
8. Allowed in above terms.
9. Pending application(s), if any, stand disposed of.
(ARUN MONGA),J
Jitender
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