Rajasthan High Court - Jodhpur
Kusum Lata Sharma vs The State Of Rajasthan ... on 21 April, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:19028]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7596/2025
Kusum Lata Sharma D/o Radheshyam Sharma W/o Ajay Kumar,
Aged About 39 Years, Resident Of Ward No. 7, Adarsh Colony,
Anoopgarh, Ganganagar (Rajasthan).
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Higher Education, Secretariat, Jaipur
(Rajasthan).
2. The Commissioner, Commissionerate Of College
Education, Block 4 Shiksha Sankul, Jln Marg, Jaipur,
Rajasthan.
3. The Principal Secretary, Finance Department, Government
Of Rajasthan, 1St Floor, Main Building, government
Secretariat, Jaipur, Rajasthan.
4. The Principal, Seth Bihari Lal Chabra Government College,
Anoopgarh (Rajasthan).
----Respondents
For Petitioner(s) : Mr. D.S. Shekhawat
For Respondent(s) : Mr. Praveen Khandelwal, AAG
Mr. Deepak Bora
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
21/04/2025
Heard learned counsel for the parties.
The present writ petition has been filed with the following
prayers:-
"A. The respondents may kindly be directed to continue
the petitioner on the post of Guest Faculty in the College
where they is working in the present of the appointment
under Vidhya Sambal Yojana or at nearby place with
minimum of pay scale of Assistant Professor with all
consequential benefits.
[2025:RJ-JD:19028] (2 of 3) [CW-7596/2025]
B. The respondents may kindly be directed to continue
the petitioner and services of the petitioner may not be
terminated till Vidhya Sambal Yojana is operational in
Higher Education.
C. The respondents may kindly be directed to carry out
the transfer process, deputation process and appointment
of RPSC of the regularly selected Assistant Professors
working under the Vidhya Sambal Yojana on the other
vacant posts in colleges in Rajasthan.
D. The respondents may kindly be directed to continue
the petitioner's services under the Vidhya Sambal
Assistant Professor, and he should be included in the
examination related work as well as in admission process
and the respondents may kindly be directed to pay salary
of summer vacations to the petitioner.
E. The respondents may kindly be directed to decide the
case of the petitioner qua his application form in
pursuance of the advertisement issued in February, 2025
for Guest Faculty and duly declare the results thereof.
F. The respondents may kindly be directed not to replace
the petitioners by another set of contractual employees
under the garb of the impugned suspension order, as the
services of the petitioners were satisfactory, and no
complaint was submitted against them. In case such
replacement is established to have been done by the
respondents, the same may kindly be declared illegal and
void ab initio.
G. In alternative, without prejudice to the above, the
respondents may kindly be directed to continue the
petitioner on contract basis under the Rajasthan
Employment Contractual Employees against Civil Posts
Rules, 2022, with all consequential beneifts and
directions."
However, learned counsel for the petitioner submits that the
petitioner will be satisfied if a liberty is granted to her to file an
appropriate representation before the respondent-authorities for
redressal of her grievances and the respondents may be directed
to decide the same in accordance with law while keeping in mind
the judgments rendered by this Court as well as circulars dated
17.03.2025 and 20.03.2025 issued by the respondents.
Learned counsel for the respondents submits that in case
such representation is filed, the same shall be considered and
[2025:RJ-JD:19028] (3 of 3) [CW-7596/2025]
decided by keeping in mind the two circulars stated above
expeditiously.
In view of the submissions made before this Court, the
present writ petition is disposed of with a liberty to the petitioner
to file an appropriate representation before the respondents for
redressal of her grievances and in case such representation is
filed, the respondents are directed to decide the same while
keeping in mind the judgments rendered by this Court as well as
two circulars stated above at the earliest preferably within a
period of four weeks from the date of receipt of such
representation, strictly in accordance with law.
(VINIT KUMAR MATHUR),J
3-Payal/-
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