Rajasthan High Court - Jodhpur

Dr. Arun Meghwal vs The State Of Rajasthan ... on 6 June, 2025

[2025:RJ-JD:26859]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 11232/2025

1.       Dr. Arun Meghwal S/o Narayan Lal Meghwal, Aged About
         40 Years, R/o Rayanpura-Bhudhas, Tehsil-Rishabdeo,
         District. Udaipur, Raj.
2.       Dr. Sovani Maida D/o Narayan Dhirji Maida, Aged About
         39 Years, R/o 2-C- 33, Housing Board, Bansawara, Raj.
3.       Anmol Singh Shekhawat S/o Sardar Singh Shekhawat,
         Aged About 34 Years, R/o Ghatwa , Ghatwa, Dist -
         Nagaur
4.       Dr. Girdhari Parihar S/o Ramgopal Parihar, Aged About 42
         Years, R/o Kaga Scheme, Nagori Gate , Jodhpur, Raj.
5.       Dr. Dinesh Kumar S/o Gishulal, Aged About 44 Years, R/o
         Gali No. 3, Ram Mohla, Nagauri Gate, Jodhpur, Raj.
6.       Mahendra Kumar Bairwa S/o Babu Lal Bairwa, Aged About
         34 Years, R/o V.p.o- Khatoli (Indra Colony), Tehsil-
         Pipalda, Dist - Kota
7.       Rajesh Kumar Vaishnav S/o Hanuman Prasad Vaishnav,
         Aged About 35 Years, R/o Village Gudla Chandan, Post-
         Rathod, Tehsil - Bondi , Dist - Sawai Madhopur
8.       Ganesh Lal Patel S/o Pujaji Patel, Aged About 38 Years,
         R/o Village - Dhakorda , Post - Sagtada, Tehsil- Sarada
         District. Salumbar, Raj.
9.       Teena Meena D/o Maruti Lal Meena, Aged About 40 Years,
         R/o Village Post - Kelawada Jageer, Saroli, Tehsil-
         Kherwada District-Udaipur, Raj.
10.      Dr. Prateek Kalasua S/o Balchand Kalasua, Aged About 31
         Years, R/o M.p. Masaron Kioori Sarali Tehsil- Rishabdeva
         District. Udaipur, Raj.
11.      Dr. Alka Srivastava D/o Shri. Hari Shankar Srisvastava,
         Aged About 44 Years, R/o House No. Sanmati Nagar
         (Tirupati Nagar), Udaipur Road, Banswara, Raj.
12.      Nitesh Pal Singh Meena S/o Madanlal, Aged About 37
         Years, R/o A-115, Mahesh Nagar , District. Jaipur, Raj.
13.      Satish Kumar Nirmal S/o Neki Ram Nirmal, Aged About
         49 Years, R/o Village-Bhojwas, Post-Sarund, Tehsil-
         Kotputli, District- Kotputli - Behror , Raj.
14.      Kunj Bihari Mehar S/o Dhanpal Mehar, Aged About 29
         Years, R/o Village - Balchera, Post - Baldera , Tehsil -
         Anta, District-Baran, Raj.
15.      Jyoti Paliwal D/o Jagdish Paliwal, Aged About 35 Years, R/
         o Near Railway Gate No.100, Subhash Nagar, Merta Road

                     (Downloaded on 06/06/2025 at 10:45:13 PM)
 [2025:RJ-JD:26859]                  (2 of 10)                    [CW-11232/2025]


         (Nagaur), Raj.
16.      Mohammed Aarif S/o Jamil Ahmed, Aged About 41 Years,
         R/o Behind Pal Balaji , Ward No.3, Uniara District. Tonk,
         Raj.
17.      Nathu Ram S/o Mool Das, Aged About 43 Years, R/o
         Village - Bhildasari , Post - Sardi, Tehsil - Ladnun ,
         District- Didwana , Kuchaman Raj.
18.      Hari Ram S/o Budhram, Aged About 44 Years, R/o V.p.o-
         Ridmalsar, Tehsil - Padampur, District. Sriganganagar, Raj.
19.      Dr. Narayan Singh Solanki S/o Shri Ram, Aged About 52
         Years, R/o House No. 54, Street No.4, Shakti Colony,
         District. Jodhpur , Raj.
20.      Krishn Lal Nai S/o Laduram Nai, Aged About 41 Years, R/
         o Vpo - Punsisar, Ward No.5, Tarangar, District- Churu,
         Raj.
21.      Dr. Vibhor Roy Jha S/o Himanshu Roy Jha, Aged About 46
         Years, R/o 3A Ganesh Puri, Near Toshniwal's Banglow,
         Kundan Nagar, District. Ajmer , Raj
22.      Dr. Bheem Raj Vadera S/o Naval Ram Vadera, Aged About
         48 Years, R/o Mukhya Marg, Khakhar, Tehsil-Jhadol,
         District-Udaipur , Raj
23.      Dr. Shiv Shankar Sain S/o Bajrang Lal Sain, Aged About
         35 Years, R/o Vpo - Chariya ,tehsil-Sujangarh, District-
         Churu, Raj.
24.      Rajendra Verma S/o Nand Lal Verma, Aged About 52
         Years, R/o C-32, Shree Ji Nagar, Extra Path, Durgapura,
         District- Jaipur, Raj.
25.      Dr. Ashok Kumar Yadav S/o Balkishan Yadav, Aged About
         38 Years, R/o Gali Ki Dhani, Post-Manka, Tehsil-Mundawar
         District. Khairthal - Tijara , Raj
26.      Dr. Shailendra Maurya S/o Ram Dhan Maurya, Aged About
         47 Years, R/o 10-A, Saini Colony First, Kartarpurpura
         District. Jaipur , Raj
27.      Yogesh Tak S/o Bhakti Ram, Aged About 36 Years, R/o
         Didwana Road Chenar District. Nagaur , Raj.
28.      Nikhil Solanki S/o Yogendra Singh Solanki, Aged About 30
         Years, R/o 1352/ii, Teja Ji Chowk ,shiv Mandir Ka Samne,
         Kotra District. Ajmer , Raj.
29.      Amit Singh S/o Yashpal Singh, Aged About 46 Years, R/o
         House No. 649, J.p. Nagar Sector- 1St Madar Chowk ,
         District. Ajmer , Raj.
30.      Dr. Liladhar S/o Jagmender, Aged About 40 Years, R/o

                     (Downloaded on 06/06/2025 at 10:45:13 PM)
 [2025:RJ-JD:26859]                  (3 of 10)                    [CW-11232/2025]


         Shri Siddhi Vinayak School Wali Gali Tibbi , Tehsil- Tibbi,
         District - Hanumangarh, Raj.
31.      Dr. Rajendra Singh Gurjar S/o Kashiram Gurjar, Aged
         About 51 Years, R/o V/p - Tiba - Bosai , Tehsil - Khetri
         Jhunthuru
32.      Dr. Kavita Gajrana D/o Late Shri. Chandramukut Gajana,
         Aged About 45 Years, R/o Shakuntala Niwas , Gandhi
         Colony Govt. Hospital Ka Pass, Gangapur City, Raj.
33.      Dr. Gotam Lal Meena D/o Punjiya Meena, Aged About 38
         Years, R/o Village Kheda Mataji And Post- Gamdi
         Nithauwa Tehsil- Sabla, District- Dungarpur, Rajasthan
34.      Ram Kishore Kumawat S/o Ghasi Lal Kumawat, Aged
         About 40 Years, R/o Sewa Ki Dhami Vpo - Raovpura,
         Shahpura District- Jaipur, Rajasthan
35.      Dr. Jigyasa Shah D/o Jagmohan Shah, Aged About 44
         Years, R/o 27 Azad Chowk Near Parvadi , Seemalwara ,
         Dungarpur Raj.
36.      Dr. Archna Kumari D/o Devandra Prasad Singh, Aged
         About 34 Years, R/o 3/158 Sundar Nagar, Gali No. 3,
         Beawar, Ajmer Raj.
37.      Mukesh Harsh S/o Radhakishan Harsh, Aged About 47
         Years, R/o Sarkari School Ke Pass, Harsho Ka Chowk,
         District- Bikaner, Rajasthan
38.      Dr. Taruna D/o Rajendra Singh, Aged About 30 Years, R/o
         V.p.o. Kasimpura Via- Bagar, Jhunjhunu, Rajasthan
39.      Dr. Rajesh Prasad Gairola S/o Indramani Gairola, Aged
         About 31 Years, R/o B/60 Ranjit Nagar ,district-
         Bharatpur, Rajasthan
40.      Dr. Rupesh Kumar Gujar S/o Jai Ram, Aged About 35
         Years, R/o Village- Sevran , Post- Teori, Tehsil- Viratnagar,
         District-Kotputli-Behror, Rajasthan.
41.      Dr. Rajendra Kumar Meghwal S/o Lalu Ram Meghwal,
         Aged About 42 Years, R/o Village Post-Thana, Ward No. 6.
         Meghwal Basti, Tehsil- Nayagaon Kherwara, District-
         Udaipur, Rajasthan
42.      Dr. Abhilasha Bhavsar D/o Rupesh Bhavsar, Aged About
         45 Years, R/o Rnt - 44 Near Patrakar Colony, Ravindra
         Nath Tagore Colony, Dungapur, Raj.
43.      Dr. Anita Godara D/o Giradhari Lal Godara, Aged About 32
         Years, R/o Indri Giri Ashram Ke Pass Ward No.03.
         Sujangarh, Churu, Raj.
44.      Dr. Abhishek Chauhan S/o Ashok Chauhan, Aged About


                     (Downloaded on 06/06/2025 at 10:45:13 PM)
 [2025:RJ-JD:26859]                  (4 of 10)                     [CW-11232/2025]


         37 Years, R/o 592/21 Diggi Bazar Mali Mohalla, Navab Ka
         Bera , Ajmer, Raj.
45.      Dr. Savita Pareek W/o Sudhir Pareek, Aged About 48
         Years, R/o 165 Shastri Nagar , Ajmer, Raj.
46.      Dr. Shikha Chouhan D/o Ashok Kuumar Chouhan, Aged
         About 43 Years, R/o 592/21 Diggi Bazar Mali Mohalla,
         Navab Ka Bera , Ajmer, Raj.
47.      Dr. Aakanksha Yadav W/o Sumit Prakash Yadav, Aged
         About 31 Years, R/o B-182, Malviya Nagar , Alwar, Raj.
48.      Dr. Majnu W/o Sunrendra Choudhary, Aged About 35
         Years, R/o Plot No. 32, Vinayak Nagar, Khoda Ganesh
         Road, Kishangarh, District- Ajmer
49.      Dr. Sonal Tank W/o Pradeep Tank, Aged About 45 Years,
         R/o 4, Hawa Sarak, Opp. Sodala Police Station, Civil
         Lines, Jaipur
50.      Dr. Sneh Kumari Gupta D/o Krishna Gopal Gupta, Aged
         About 39 Years, R/o Street In Front Of Yes Bank, College
         Road, Gangapur City, Dist. Sawai Madhopur.
                                                                 ----Petitioners
                                    Versus
1.       The State Of Rajasthan, Through Secretary, Higher
         Education, Government Of Rajasthan, Government
         Secretariat, Jaipur-302005
2.       The Finance Secretary (Budget), Finance Department, 1St
         Floor, Main Building, Government Secretariat, Jaipur-
         302005, Rajasthan.
3.       The Joint Secretary (J And T), Finance Department, 1St
         Floor, Main Building, Government Secretariat, Jaipur-
         302005, Rajasthan
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. S. 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. S. Radhakrishnan Shiksha Sankul,
         Jln Marg, Jaipur.
7.       The Principal, Government College, Semari, Salumbar,
         Rajasthan.

                     (Downloaded on 06/06/2025 at 10:45:13 PM)
 [2025:RJ-JD:26859]                  (5 of 10)                            [CW-11232/2025]


8.       The Principal, Government College, Sabla, Dungapur,
         Rajasthan.
9.       The Principal, Government College, Rishabdev, Udaipur.
10.      The Principal, Government Girls College, Bhopalgarh
11.      The Principal, Government Girls College, Panchla Siddha,
         Nagaur
12.      The     Principal,           Government                 Girls        College,
         Govindgarh ,jaipur
13.      The Principal, Government Girls College, Sambhar Lake,
         Jaipur
14.      The   Principal,   Government                    Agriculture         College,
         Rawatbhata Chittorgarh
15.      The Principal, Government College, Mangrol, Baran.
16.      The Principal, Government College, Dungar, Bikaner
17.      The Principal, Government Girls College, Padampur, Sri
         Ganganagar
18.      The Principal, Smd Government College, Sahawa, Churu.
19.      The Principal, Brij Mohan Lal Sharma Government Girls
         College, Beawar.
20.      The Principal, Government College, Naya Gaon, Kherwara,
         Udaipur
21.      The Principal, Government College, Paota, Jaipur
22.      The Principal, Government College, Khajwana, Nagaur
23.      The Principal, Government Women's Polytechnic College,
         Ajmer
24.      The Principal, Government College, Chechat, Kota
25.      The Principal, Government College, Tibbi, Hanumangarh
26.      The Principal,     Government            Girls     College,       Mandrella,
         Jhunjhunu
27.      The Principal, Government College, Talera, Bundi.
28.      The Principal,     Government            College,        Chhoti     Sarwan,
         Banswara
29.      The Principal, Overnment College, Chorasi, Dungapur
30.      The Principal, Samrat Prithviraj Chauhan Government
         College, Bheem, Rajsamand
31.      The Principal, Government Girls College, M.d.v. Nagar,
         Bikaner
32.      The Principal, Government Girls College, Mahwa, Dausa.
33.      The Principal, Sh. Bhikha Bhai Bheel Government College,


                     (Downloaded on 06/06/2025 at 10:45:13 PM)
 [2025:RJ-JD:26859]                       (6 of 10)                       [CW-11232/2025]


         Sagwara, Dungarpur
34.      The Principal, Government Girls College, Ladnu, Didwana-
         Kuchaman.
35.      The Principal, Government Girls College, Kishangarh,
         Ajmer
36.      The Principal, Government College, Nand, Pushkar
37.      The Principal, Government College, Paota,kotputli
38.      The Principal, Government College, Bijaynagar, Beawar
39.      The Principal, Government College, Bagdi, Dausa
                                                                     ----Respondents


For Petitioner(s)              :     Ms. Varsha Bissa
For Respondent(s)              :     Mr. Mahaveer Bishnoi, AAG


 HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)

Order 06/06/2025

1. Learned counsel for the petitioners submits that the

controversy involved in the present writ petition is squarely

covered by the judgment dated 21.05.2025 passed in S.B. Civil

Writ Petition No.18889/2024 (Dr. Jwala Prasad & Ors. Vs.

State of Rajasthan & Ors.). She further submits that she does

not want to press the prayer as far as the quashing of the

impugned orders specified in the prayer no.1 is concerned and

confines the petition to the relief as granted in the order referred

above. Prayer no.1 is reads as under:-

"The impugned orders dated 07.08.2023 (An.15) 12.08.2023 (An.16) and 21.06.2024 & 21.01.2025 (An.22 & 26) may kindly be declared as arbitrary and illegal and accordingly be quashed and set aside with immediate effect."

2. Learned counsel for the respondents is not in a position to

refute the fact that as far as the engagement of the petitioners

under the Rajasthan College Education Society (Raj-CES) Hiring of

[2025:RJ-JD:26859] (7 of 10) [CW-11232/2025]

Manpower Rules, 2023 (hereinafter referred as "Rules of 2023") is

concerned, the issue has already been set to rest by this Court in

the writ petition of Dr. Jwala Prasad (Supra). The order passed

by this Court in Dr. Jwala Prasad (Supra) is reproduced below:-

"1. Heard learned counsel for the parties.

2. The present batch of writ petitions involves similar questions of facts and law and, therefore, the writ petitions are being disposed of by this common order.

3. The present writ petitions have been filed with multiple prayers, however, learned counsel for the petitioners confines her prayer to a limited extent that the engagement of the petitioners Rajasthan Higherade in accordance with the Rajasthan College Education pety (Raj- CES) Hiring of Manpower Rules, 2023 (hereinafter ferred the "Rules of 2023"), Instead of "Vidhya Sambal Yojana.

4. For the sake of convenience, the facts of the S.B. Writ Petition No.6979/2025 (Dr. Sandeep Prajapat & Ors. V/s The State of Rajasthan & Ors.) are being taken into consideration for the disposal of the controversy Involved in this batch of writ petitions.

5. Briefly noted facts in the writ petition are that the respondents invited applications for the engagement of teaching faculties on a temporary basis in various colleges by way of different advertisements in "Vidhya Sambal Yojana". In pursuance of the advertisements issued by the respondents, the petitioners filed their applications and thereafter, they were engaged as teaching faculties in different colleges. Such engagement was made on a periodical basis, depending upon the need and availability of the vacancies in respective colleges. Since the petitioners were discharging their duties to the utmost satisfaction of the respondents, their services were continued from time to time. This course was adopted by the respondents in view of the position that regular faculties had not been appointed in the respondent colleges.

The petitioners were engaged under the "Vidhya Sambal Yojana, a scheme introduced by the State Government to engage the faculty members on a temporary and periodic basis to impart education to the students in the institutions lacking regular staff. Rajasthan High studies of the students in those colleges were being Since jeffected &n account of non-fulfilment of the regular faculties, such urse wis adopted by the respondent-State for engaging the petitione ys as 'Guest Faculties' in those colleges under the said scheme. The petitioners were being paid a remuneration as per the fixed norms of the "Vidhya Sambal Yojana". However, the petitioners were not satisfied with the remuneration paid and the terms of the engagement provided under the said scheme, primarily on account of the fact that their service conditions were required to be

[2025:RJ-JD:26859] (8 of 10) [CW-11232/2025]

governed by the Rules of 2023 and, therefore, the petitioners filed a number of representations to the respondents seeking benefits enshrined under the Rules of 2023. Since the same was not granted, therefore, the present writ petition has been filed.

6. Learned counsel for the petitioners vehemently submits that since the colleges in which the petitioners are imparting education falls under the Rajasthan College Education Society (Raj-CES), therefore, their service conditions should be governed by the Rules of 2023 and not by the "Vidhya Sambal Yojana". Learned counsel submits that the State Government, vide order dated 11.07.2022, has constituted a Society titled as "Rajasthan College Education Society (Raj-CES)" and the guidelines for the same have also been framed. She submits that there are a number of colleges, which have been taken under the umbrella of the Rajasthan College Education Society (Raj- CES) formulated by the State Government as per the said order, and the petitioners are presently discharging their duties in these colleges.

Learned counsel for the petitioners further submits that since the colleges where the petitioners are discharging their duties are within the purview of the Rajasthan College Education Society (Raj-CES), therefore, their service conditions should also be regulated by the rules made thereunder i.e. the Rules of 2023. She also submits that as per the Rules of 2023, the post on which the petitioners are discharging their duties is very well reflected in the Rules of 2023, therefore, the petitioners are very much entitled to the service benefits, including the remuneration, as prescribed under the said rules. She, therefore, prays that the present writ petitions may be allowed and the respondents may be directed to extend the benefits of the Rules of 2023 to the petitioners.

7. Per contra, learned counsel for the respondents vehemently opposes the submissions made by the counsel for the petitioners and submits that, as per the order dated 11.07.2022, the service conditions of the employees engaged in such Institutions are required to be governed by the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 (hereinafter referred to as the Rules of 2022). He submits that the said order dated 11.07.2022 clearly provides that the engagement of the petitioners will be governed under the Rules of 2022, therefore, the petitioners, who are working in the different Colleges, cannot claim the benefits of the Rules of 2023. He further submits that the order dated 11.07.2022 is only applicable to the newly established colleges and, therefore, the benefits of the same cannot be extended to the petitioners who are discharging their duties in the Colleges not Coveredunder the said order. He also submits that the benefits of Rules of 2023 can be extended only to those Colleges which have been short-listed by the State Government, and the details of those 371 colleges have been furnished in the Additional Affidavit filed before this Court, which is taken on record.

[2025:RJ-JD:26859] (9 of 10) [CW-11232/2025]

Learned counsel for the respondents further submits that a High Level Committee has been constituted by the State Government to examine the feasability of continuing the colleges mentioned in the list of 371 of Colleges under the Rajasthan College Education Society (Raj-CES). He, therefore, prays that since the colleges in which the petitioners are imparting education are not covered under the list of the 371 Colleges reflected as Rajasthan College Education Society (Raj-CES) colleges, therefore, no benefits of Rules of 2023 may be extended to the petitioners as they are not entitled for the same.

8. I have considered the submissions made at the Bar and have gone through the relevant records of the case.

9. The short point involved in the present case is that, by virtue of the order dated 11.07.2022, the State Government has constituted a Society titled as "Rajasthan College Education Society (Raj-CES)" and also specified the list of Colleges falling within the ambit of this Society, Certain guidelines for functioning of the colleges under the Rajasthan College Education Society (Raj-CES) were also formulated by the State Government in the said order. Furthermore, the State Government has also notified the Rules of 2023 which governs and regulates the hiring of the manpower on a contractual basis and other conditions of services psons hired in connection with the affairs of the Rajasthan Copy that since the Colleges in which they are imparting education are College ged ngaged ucation Society (Raj-CES). The petitioners, herein, are imparting education in different colleges on contract basisider the "Vidhya Sambal Yojana" and their precise case is Not covered under the Rajasthan College Education Society (Raj-CES), therefore, their engagement should also be governed by the Rules of 2023 rather than the "Vidhya Sambal Yojana".

10. As per the order dated 11.07.2022, the State Government has constituted the Rajasthan College Education Society (Raj-CES) in which 371 Colleges have been brought under its ambit and this court is of the view that in respect of such Colleges, any exercise of hiring of manpower is required to be undertaken as per the Rules of 2023. Since, the Rules of 2023 envisage the entire code for the engagement of manpower, therefore, this Court is of the considered view that appointments in colleges falling within the ambit of Rajasthan College Education Society (Raj-CES) are required to be governed strictly by the sald Rules.

11. As the petitioners are concerned only with the post reflected in the rules of 2023 as 'Teaching Associate', this Court finds no hesitation in holding that the petitioners' hiring conditions should be governed by the Rules of 2023. This Court is further of the opinion that all the engagements being done in Colleges which are falling within the ambit of the Rajasthan College Education Society (Raj-CES) shall be governed by the Rules of 2023 and not by the "Vidhya Sambal Yojana"

[2025:RJ-JD:26859] (10 of 10) [CW-11232/2025]

12. In view of the discussions made above, the present writ are disposed of with a direction to the respondent- State Government to extend the benefits of Rules of 2023 to those persons, who are engaged on the posts that are covered under the Rules 2023 and are serving in colleges falling within the ambit of the Rajasthan College Education Society.

13. It is made clear that the petitioners, serving in the Colleges which are coming within the ambit of Rajasthan College Education Society (Raj-CES), shall not be disengaged till the process under the Rules of 2023 is initiated afresh.

14. Stay petition and other pending application(s), if any, also stand disposed of accordingly."

3. Accordingly, the present writ petition is disposed of in terms

of the judgment referred to Dr. Jwala Prasad (Supra) and the

petitioners are also entitled to grant of the same benefit as

granted in the judgment dated 21.05.2025.

4. Stay petition shall stand disposed of.

(SANDEEP SHAH (VACATION JUDGE)),J 109-divya/-