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Dr. Deepak Kumar Mittal vs The State Of Rajasthan ...
2025 Latest Caselaw 6080 Raj

Citation : 2025 Latest Caselaw 6080 Raj
Judgement Date : 11 August, 2025

Rajasthan High Court - Jodhpur

Dr. Deepak Kumar Mittal vs The State Of Rajasthan ... on 11 August, 2025

Author: Rekha Borana
Bench: Rekha Borana
[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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