Citation : 2025 Latest Caselaw 6080 Raj
Judgement Date : 11 August, 2025
[2025:RJ-JD:35600]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15114/2025
1. Dr. Deepak Kumar Mittal S/o Shri Ramjilal, Aged About 45
Years, R/o 15/564, Nehru Vihar, Bhilwara, Rajasthan.
Presently Working As Guest Faculty (Zoology) (Vidhya
Sabal) In Govt. College, Shahpura District Bhilwara.
2. Dr. Sunita Baser W/o Dr. Sonu Kothari, Aged About 40
Years, R/o Rawala Chowk, Sanganer, Bhilwara. Presently
Working As Guest Faculty (Zoology) In Vidhya Sabal
Scheme In Govt. College.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Secretary, Higher
Education, Secretariat, Government Of Rajasthan, Jaipur.
2. The Commissioner, 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, Govt. College, Shahpura District Bhilwara.
----Respondents
For Petitioner(s) : Mr. Naresh Kumar Kumhar for
Mr. Rakesh Kumar Saini
For Respondent(s) : Mr. Devesh Mehra for
Mr. Praveen Khandelwal, AAG
HON'BLE MS. JUSTICE REKHA BORANA
Order
11/08/2025
1. The present petition has been filed laying a challenge to
advertisement dated 02.07.2025 (Annexure-3) for the recruitment
of Guest Faculties.
2. At the very inception, counsel for the petitioners submits
that the issue rests covered by the judgment passed by a Co-
[2025:RJ-JD:35600] (2 of 3) [CW-15114/2025]
ordinate Bench of this Court at Jaipur in Ram Chaturvedi & Ors.
Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition
No.1474/2023 (decided on 28.08.2023).
3. The judgment of Ram Chaturvedi (supra) was further
assailed by the respondents before the Division Bench of this
Court at Jaipur by way of a special appeal being D.B. Special
Appeal Writ No.903/2023; State of Rajasthan Vs. Ram
Chaturvedi and other connected matters wherein vide order
dated 17.10.2024, following interim order was passed:
"After hearing learned counsel for the parties, we are inclined to stay the effect and operation of the direction contained in Para11 of the impugned order only to the extent that the benefit of re-engagement by preferential treatment will not be available to those who were earlier discontinued as Guest Faculty and were not working as Guest Faculty when the occasion arise for re-engagement and that this preferential treatment would be available only in the matter of engagement of Guest Faculty in the Institution wherein they have been engaged and actually working and not in any other Institution. Rest of directions will remain operative."
4. Learned counsel appearing for the respondents is not in a
position to refute the above submissions.
5. In view of the above ratio, the present writ petition is
disposed of with a permission to the petitioners to file
applications to participate in the fresh recruitment process sought
to be initiated vide advertisement dated 02.07.2025
(Annexure-3).
6. On the said applications being filed, the respondents shall be
under an obligation to consider the candidature of the petitioners,
[2025:RJ-JD:35600] (3 of 3) [CW-15114/2025]
keeping into consideration their appointment as Guest Faculties in
the previous session and further, the guidelines as issued in Ram
Chaturvedi (supra).
7. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J 10-Devanshi/-
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