Rajasthan High Court - Jodhpur
Niraj Samadhiya vs The State Of Rajasthan ... on 21 August, 2025
[2025:RJ-JD:37615]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15746/2025
1. Niraj Samadhiya S/o Ranvir Singh Sharma, Aged About
38 Years, R/o Jagriya Bhawan Ke Samne, Sikshak Coloni,
Bari, Dholpur-328021
2. Dheerendra Ojha S/o Sh. Damodar Lal, Aged About 33
Years, R/o 32/37.3, Near Pech Wale Mandir, Kela Colony,
Dholpur, Raj-328001.
3. Shiv Kumar Rajawat S/o Sh. Chhote Singh, Aged About
38 Years, R/o Nagala Rayjeet, Mau Gulawali, Post Mahu
Gulawali, Distt. Dholpur - 328022.
----Petitioners
Versus
1. The State Of Rajasthan, Through The Secretary, Higher
Education, Secretariat, Government Of Rajasthan, Jaipur.
2. Director, Technical Education, Directorate, Jodhpur.
3. Principal, Govt. Polytecnic College, Bari Road, Dholpur,
Raj.
----Respondents
For Petitioner(s) : Mr. Hans Raj Nimbar.
For Respondent(s) : Ms. Lata Ladrecha &
Mr. Ravindra Jala on behalf of
Mr. S.S. Ladrecha, AAG.
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
21/08/2025
1. The learned counsel appearing for the petitioner as well as
the respondents jointly submit that the facts of the present writ
petition are squarely covered by the decision of the coordinate
Bench of this Court in the case of Naman Pandya & Ors. Vs.
State of Rajasthan & Ors.; S.B. Civil Writ Petition No.
14774/2025, decided on 05.08.2025.
[2025:RJ-JD:37615] (2 of 3) [CW-15746/2025]
2. The said order dated 05.08.2025 reads as follows:-
"1. The present petition has been filed laying a
challenge to communication dated 29.06.2025 and
order dated 27.06.2025 and further the subsequent
advertisements 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-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
[2025:RJ-JD:37615] (3 of 3) [CW-15746/2025]
working and not in any other Institution.
Rest of directions will remain operative."
4. In view of the above ratio, the present writ
petition is disposed of with a permission to the
petitioners to file an application to participate in the
fresh recruitment process sought to be initiated vide
communication dated 29.06.2025 (Annex.21).
5. On the said applications being filed, the
respondents shall be under an obligation to consider
the candidature of the petitioners, keeping into
consideration their appointment as Guest Faculties in
the previous session and further, the guidelines as
issued in Ram Chaturvedi (supra).
6. Stay petition and pending applications, if any,
stand disposed of."
3. In view of the above, the present writ petition is also
disposed of in terms of the order passed in Naman Pandya
(supra).
4. All the pending applications, if any, shall also stand disposed
of.
(MUNNURI LAXMAN),J
4-Mohan/-
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