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