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Madan Lal Panchariya vs State Of Rajasthan (2025:Rj-Jd:19030)
2025 Latest Caselaw 12047 Raj

Citation : 2025 Latest Caselaw 12047 Raj
Judgement Date : 21 April, 2025

Rajasthan High Court - Jodhpur

Madan Lal Panchariya vs State Of Rajasthan (2025:Rj-Jd:19030) on 21 April, 2025

Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:19030]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 7332/2025

Madan Lal Panchariya S/o Devi Lal Panchariya, Aged About 52
Years, resident of Baloonda, District Pali, Rajasthan.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Its Secretary, Department Of
         Higher Education, Government Of Rajasthan, Jaipur.
2.       The Finance Secretary (Budget), Finance Department, 1St
         Floor, Main Building, Government Secretariat, Jaipur.
3.       The Joint Secretary (J And T), Finance Department, 1St
         Floor, Main Building, Government Secretariat, Jaipur.
4.       The Commissioner, Department Of College Education,
         Block-Iv, Dr. S. Radhakrishnan Shiksha Sankul, Jln Marg,
         Jaipur.
5.       Rajasthan College Education Society, Through The Ex-
         Officio Secretary, Executive Committee, Rajasthan College
         Education Society, Block-Iv, Dr. Radhakrishnan Shiksha
         Sankul, Jln Marg, Jaipur Cum Additional Commissioner,
         College Education Department, Jaipur.
6.       The    Joint     Director       (Hrd),       Department        Of   College
         Education Block-Iv, Dr. Radhakrishnan Shiksha Sankul, Jln
         Marg, Jaipur.
7.       Principal, Govt. College, Lohawat, District Jodhpur.
8.       Nodal Officer, Govt. College, Osian, District Jodhpur.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Hapu Ram Vishnoi
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.

[2025:RJ-JD:19030] (2 of 3) [CW-7332/2025]

The present writ petition has been filed with the following

prayers:-

"(i) That by an appropriate writ, order or direction, the impugned order dated 21.06.2024 (Annexure-6) may kindly be quashed and set aside.

(ii) That by an appropriate writ, order or direction, the impugned action of the respondent in terminating the service of the petitioner may be directed to continue the petitioner on his said place until the joining of the regularly selected candidates.

(iii) That by an appropriate writ, order or direction, the impugned order dated 21.06.2024 (Annexure-6) and impugned advertisement dated 04.02.2025 (Annexure-8) may kindly be quashed and set aside.

(iv) That an appropriate writ, order or direction, the impugned inaction-omission on the part of respondent in discontinuing the service of the petitioner without assessing the total number of vacancies in the cadre of Assistant Professor may be declared arbitrary and illegal and accordingly the respondents may be directed to continue the services of the petitioner till the vacant available posts are not being filled by respondents through regular recruitment process.

(v) That by an appropriate writ, order or direction, the impugned advertisement dated 04.02.2025 (Annexure-8) and similar nature issued by the respondent may kindly be quashed and further the respondent may be restrained from issuing new advertisement and be directed to allow the humble petitioner to continue till the availability of posts with the respondents and further the respondent may kindly be directed to give priority to the petitioner while making any posting or new engagements.

(vi) That by an appropriate writ, order or direction, the respondent may be directed to grant minimum pay scale on monthly basis to the incumbents workings as Guest faculty in the said scheme."

However, learned counsel for the petitioner submits that the

petitioner will be satisfied if a liberty is granted to him to file an

appropriate representation before the respondent-authorities for

redressal of his grievances and the respondents may be directed

to decide the same in accordance with law while keeping in mind

[2025:RJ-JD:19030] (3 of 3) [CW-7332/2025]

the judgments rendered by this Court as well as circulars issued

by the respondents.

Learned counsel for the respondents submits that in case

such representation is filed, the same shall be considered and

decided by keeping in mind the circulars issued by the

respondents 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 his 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 circulars

issued by the respondents 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

22-Payal/-

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