Rajasthan High Court - Jodhpur
Monika Prajapat vs The State Of Rajasthan ... on 16 October, 2025
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20262/2025
Monika Prajapat D/o Rambahadur Prajapat, Aged About 24
Years, R/o Ward No.7, Loha, District Churu, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Department
Of Higher Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Commissioner, Department Of College Education, Dr.
S. Radhakrishnan Shiksha Sankul, JLN Marg, Jaipur,
Block-IV.
3. Principal, Government College Ratangarh, District Churu,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pradhuman Singh
Mr. Hem Singh
For Respondent(s) : Ms. Lata Ladrecha for
Mr. S.S. Ladrecha, AAG
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
16/10/2025
1. Learned counsel appearing on behalf of the parties jointly
submits that the subject matter in the present writ petition is
squarely covered by the order passed by the Co-ordinate Bench of
this Court at Jaipur on 28.08.2023 in S.B. Civil Writ Petition
No.1474/2023 titled as 'Ram Chaturvedi & Ors. Vs. State of
Rajasthan & Ors.'.
2. The aforesaid order dated 28.08.2023 reads as follows:
"1. With consent of counsel for both parties, writ
petitions have been heard finally on merits and since the
issue involved in all writ petitioners is common, as agreed
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by counsel for both parties, all writ petitions would stand
decide by this common order.
2. The issue is in respect of engagement/re-
engagement of petitioners as School Lecturer/ Assistant
Professor/Associate Professor, in the educational
institutions of higher education in the State of Rajasthan,
governed under management of Rajasthan College
Education Society (Raj-CES) under Vidya Sambal Scheme
of the State Government as Guest Faculty.
3. The facts, to deal with the issue in question are taken
from SBCWP No.1474/2023 (Ram Chaturvedi Vs. State of
Rajasthan).
3.1 The Government of Rajasthan in the year 2021,
started ascheme known as "Vidya Sambal Scheme" to
engage experts and experienced teachers/trainers in the
educational institutions as Guest Faculty wherever more
than 60% sanctioned post are laying vacant, in order to
complete the studies of students and to prevent the
disruption of the regular teaching work in the educational
institutions for the current session.
3.2 The scheme has duly been approved by the Finance
Department vide circular dated 30.03.2023 (Ann-1) and
fixed honorarium, as approved by the Finance Department
is payable to the Guest Faculty. To implement the scheme,
the Department of College Education issued letter dated
11.06.2021 (Ann-2) to all colleges, for inviting applications
to engage Guest Faculty and to prepare a panel under the
said scheme and send the panel to the Commissionerate
for finalizing the panel.
3.3 The aspirant for appointment as Guest Faculty in the
scheme is required to possess the requisite qualification as
prescribed under the Rajasthan College Education Service
Rules, 1986 (hereinafter for short "Rules of 1986"). The
purpose of engaging the Guest Faculty is only to impart the
education and to prevent the disruption of the teaching
work in the institutions but not to fill the vacant sanctioned
post, therefore, appointment of the Guest Faculty is only
for the current session or until the regular selected
Teachers on the vacant post is made available in that
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session. As per scheme, the engagement of Guest Faculty
shall come to an end, with the end of session and no
separate order of dispensing with his services is required to
pass. One of the agreed condition of the appointment of
Guest Faculty between the aspirant and college
management, under the said scheme is as under:-
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dks mudh cuk;h x;h ojh;rk lwph esa lcls uhps LFkku okys f'k{kd dks lcls
igys eqDr fd;k tk,xkA
;g gS fd eSaus ;g vPNs ls le> fy;k gS fd ;g O;oLFkk iw.kZ :i ls vLFkk;h
rFkk ,d lsesLVj ;k ,d ls'ku ds fy, gS rFkk Hkfo"; esa blds vk/kkj ij
fu;fer fu;qfDr dk nok ugha d:¡xk@d:¡xhA"
It is not in dispute that as per the order dated
11.07.2022 of the Higher Education Department,
Government of Rajasthan, a Rajasthan College Education
Society (Raj-CES) has been established with a view for
better management, development and smooth operation of
the higher education in the State of Rajasthan.
4. It has been submitted that petitioners being eligible
and having the requisite qualification were engaged as
Guest Faculty in the Vidya Sambal Scheme for the session
2021-22 in the different colleges but their engagement
came to an end with the end of session as per the terms of
scheme. In the next session of 2022-23, when petitioners
were not engaged, despite of requirement to appoint the
Guest Faculty for that session as well, writ petitions came
to be filed before the High Court, wherein interim orders
were passed against respondents not to engage anyone
else in place of petitioners in Vidya Sambal Scheme. Under
the interim orders, respondents engaged petitioners for
session 2022-23 as well but after end of that session, their
services have been dispensed with automatically.
5. It has been submitted that in the present session
2023-24,respondents have again initiated the process to
engage the Guest Faculty in the Vidya Sambal Scheme
pursuant to circular dated 12.08.2023 issued by the
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Commissionerate, College Education and circular dated
07.08.2023, issued by the Finance Department in the
different colleges under the Raj-CES in the State of
Rajasthan and respondents are inclined to replace
petitioners by engagement of new/fresh Guest Faculties.
The services of petitioners in the previous sessions
remained satisfactorily and without any complaint,
therefore, petitioners being eligible, experts and having
more experienced, be allowed to continue as Guest Faculty
in the current session of 2023-24 as well as also in the
upcoming sessions, until the regular selections on the
vacant posts are not made.
During course of arguments, counsel for petitioners
have confined the prayer in the manner that petitioners are
agreeable to render teaching work as Guest Faculty, as per
terms and conditions of the Vidya Sambal Scheme, but
may not be allowed to replace with appointment of fresh
Guest Faculty in their place.
6. Counsel for petitioners has placed reliance on the
judgment of the Hon'ble Supreme Court in case of Manish
Gupta Vs. President, Jan Bhagidari Samiti [2022 SCC
OnLine SC 485] and it has been prayed that petitioners
who are interested and willing to work as Guest faculty in
upcoming session 2023-24 on the terms and conditions
and remuneration as applicable to the Vidya Sambal
Scheme, therefore, petitioners may not be dislodged and
replaced by engaging the new Guest faculty and be allowed
to continue in the present session as well.
7. Learned Additional Advocate General appearing on
behalf of respondents do not dispute, engagement of
petitioners as Guest faculty in the Vidya Sambal Scheme in
the previous session of 2021-22 as per the criteria of
selection in the scheme and also do not dispute that
petitioners were re-engaged in the next session of 2022-23
under orders of the High Court. Learned AAG do admits
that for the current session of 2023-24, advertisement
have been issued at the District level, to appoint/engage
the Guest faculty afresh for various subjects, in different
educational institutions of the Higher Education in the State
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of Rajasthan but he submits that fresh applications have
been invited and out of total number of aspirants
whosoever would apply and would be found more
meritorious, expert and experienced, coupled with having
the requisite qualification, would be engaged on the basis
of merit. It has been urged that since the engagement of
Guest faculty in the Vidya Sambal Scheme is not akin to an
appointment against the vacant post, petitioners are not
entitled to claim their engagement to continue in the
present session as well, more particularly where
engagement of petitioners in the previous session was
under the agreed terms of the scheme that petitioners
would not claim any right of regularization and the
engagement as Guest faculty in only a temporarily
arrangement for that particular semester/session or till the
regular selected candidates is made available on the post,
and engagement shall come to an end automatically with
the end of that session. Learned AAG states that it is true
that since new colleges/universities have also been
established, in the intervening period after 2021-22 and
2022-23,therefore, the number of required Guest faculty
have been increased but their engagement is always
subject need in the respective college for particular
session, according to the strength of students and strength
of available regular selected Teachers and vacancies.
8. Having considered the rival contentions of counsel for
both the parties and from perusal of material placed on
record, this Court finds that petitioners who are willing for
appointment/engagement as Guest faculty in the Vidya
Sambal Scheme of the State Government, have not
challenged the terms and conditions of the scheme and are
agreeable for their appointment/engagement as per the
terms of scheme, therefore, they are abided by terms and
conditions of the scheme. Petitioners are not claiming any
additional advantage/benefits or payment except as
payable under the scheme. The engagement of petitioners
as Guest faculty in the scheme in the previous session of
2021-22, 2022-23, though, do not vest any right to claim
continuation/regularization as per terms of the scheme,
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nevertheless, it cannot be derived that at lease petitioners
have gained experience of teaching in the previous
sessions under the scheme. A perusal of terms and
conditions of engagement of Guest faculty under Vidya
Sambal scheme, as also engagement of petitioners in the
previous sessions, go to show that the engagement is
purely contractual, as per terms of the scheme and cannot
be treated as akin to the regular appointment against the
vacant post. The sanctioned post is treated as vacant for
regular selection despite of engagement of Guest Faculty
against that vacant sanctioned post. It may also be noticed
that even petitioners too are not claiming to regularize
their appointment rather are agreeable to continue, their
engagement as Guest Faculty in the scheme for the current
session and upcoming sessions but may not be replaced by
fresh Guest Faculty. The need of engagement of Guest
Faculty in the various institutions of higher education in the
current session as well is not a disputed fact. In order to
adjudicate the preferential right of petitioners for
appointment/engagement as Guest Faculty in the current
session, counsel for petitioners has placed reliance on the
judgment of the Hon'ble Supreme Court in case of Manish
Gupta (supra).
9. In case of Manish Gupta (supra) the issue came up
before the Supreme Court in respect of appointment of
Guest Faculty in the Jan Bhagidari Scheme, launched by
the State Government of Madhya Pradesh. Petitioners in
that case were appointed as Teachers but as Guest Faculty
for the academic year 2014-15 by the duly constituted
committee but after the end of academic year, services of
petitioners were discontinued and fresh advertisements
were issued for the next academic year 2015-16. Writ
petitioners claimed to continue their appointment, till the
regular selections were made. Learned Single Judge
allowed writ petitions but on filing the appeal by the State
Government and Precedents of Jan Bhagidari Scheme
before the Division Bench, the judgment was set aside. The
Hon'ble Supreme Court, allowed the appeal filed by writ
petitioners, partly and while holding that writ petitioners
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would be entitled to continue on their respective posts till
they are replaced by regular selected candidates, declined
the entitlement to get the salary in accordance with the
UGC circular, however, upheld their entitlement of
honorarium as payable in the Jan Bhagidari Scheme. The
Supreme Court in para No.12 and 13made following
observations:
"12. A perusal of the advertisement dated 24th
June,2016 issued by the Principal, Government
Kamla Raja Girls Post Graduate Autonomous
College, Gwalior, which is at Annexure P-2 of the
Appeal Paper Bookand the advertisement dated 2nd
July, 2016 issued by the Principal, SMS Government
Model Science College, Gwalior, M.P., which is at
Annexure P-3 of the Appeal Paper Book, would show
that the appointments were to be made after the
candidates had gone through due selection
procedure. Though Shri Nataraj, learned ASG has
strenuously urged that the appointments of the
appellants were as guest lecturers and not as ad hoc
employees, from the nature of the advertisements,
it could clearly be seen that the appellants were
appointed on ad hoc basis. It is a settled principle of
law that an ad hoc employee cannot be replaced by
another ad hoc employee and he can be replaced
only by another candidate who is regularly
appointed by following a regular procedure
prescribed. Reliance in this respect can be placed on
the judgment of this Court in the case of Rattan Lal
and others vs. State of Haryana (1985) 4 SCC
43 and others 1 and on the order of this Court in
the case of Hargurpratap Singh vs. State of
Punjab (2007) 13 SCC 292 and others.
13. In that view of the matter, we do not find that
an error was committed by the learned single judge
of the High Court by directing the writ petitioners to
continue to work on their respective posts till regular
selections are made. We, however, find that the
direction issued by the learned single judge of the
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High Court that the writ petitioners would be entitled
to get the salary in accordance with the UGC circular
is not sustainable. The advertisements themselves
clearly provided that the selected candidates would
be paid the honorarium to be determined by the said
Committee."
10. This Court, keeping in mind the object and starting
the Vidya Sambal Scheme by the State Government which
is obviously not to provide the employment to the
petitioners, but the purpose is to facilitate the educational
institutions to complete the study courses of the students
for the current session and to prevent the disruption of the
teaching work, due to the non-availability/non-selection of
regular selected teachers, thinks it just and proper that
petitioners who have gained experience of teaching as
Guest Faculty in the previous sessions of 2021-22, 2022-
23 have at least a preferential right of engagement in the
current session of 2023-24 qua the fresh aspirants willing
for appointment as Guest Faculty in the scheme itself. The
fresh aspirants obviously may be considered at par with
previously engaged Guest Faculty, against new vacancies,
accrued in the current session but as far as vacancies
which have been continued from the previous sessions of
2021-22, 2022-23, a balance is required to be maintained
between previous selected aspirants and fresh aspirants.
As per the scheme, the respondents are required to engage
experts and experienced persons, obviously subject to
fulfilling the requisite qualification as prescribed under the
Rules of 1986. Petitioners who have been engaged as
Guest Faculty in the previous sessions, certainly possess
the requisite educational qualification and simultaneously
have also gained the more experience as well. If any of
petitioner/Guest Faculty appointed for the previous
sessions is found guilty of misconduct or dis-satisfactory
services, his case is entirely different than petitioners who
have rendered their services as Guest Faculty in the
previous sessions to the full satisfaction of the
management as well as to students and without any
complaint. Thus, petitioners deserves a protection in law
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not to be replaced by the fresh/new Guest Faculty, against
vacancies continuing from previous sessions. This Court
finds support in its opinion and guided by the ratio
decidendi expounded by the Hon'ble Supreme Court in case
of Manish Gupta (supra).
11. Therefore, as a final result, writ petitions are
disposed of with following directions:-
(i) Respondents while engaging the Guest Faculty in
the session 2023-24 in various colleges/universities
under the Raj-CES under Vidya Sambal Scheme,
shall give preference to engage the petitioners who
have already rendered services as Guest Faculty in
this scheme in the previous sessions/years, at
previous place of posting or nearby place obviously
subject to availability of vacancies in the previous
college/university or nearby place as well as after
considering the satisfactory services of petitioners.
(ii) Petitioners who have been engaged as Guest
Faculty in the previous sessions shall not be
dislodged/replaced from its previous place with fresh
appointment of Guest Faculty, subject to availability
of vacant post and need of engagement.
(iii) After re-engagement/adjustment of the
petitioners i.e. previous Guest Faculty in the Vidya
Sambal Scheme, against vacancies for the year
2023-24, the remaining vacant posts of previous
years, and on the new vacancies accrued in session
2023-24 may be filled by the fresh aspirants in
accordance with the criteria of selection prescribed
in the scheme.
(iv) It is made clear that petitioners who were
already engaged in the previous sessions and are
willing for appointment/engagement in the present
session 2023-24 in the Vidya Sambal Scheme, are
required to apply afresh pursuant to advertisement
issued by respondents and his/her re-engagement in
the Vidya Sambal Scheme for session 2023-24
would be governed by terms and conditions of the
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scheme and shall not create any additional
equity/claim which is not available in the scheme.
12. Stay applications and other pending applications, if
any, also stand disposed of.
13. Copy of order be placed in each file."
3. Accordingly, the present writ petition is disposed of in same
terms as in Ram Chaturvedi & Ors. (supra).
4. All the pending applications, if any, shall stand disposed of.
(MUNNURI LAXMAN),J
239s-PoonamS/-
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