Rajasthan High Court - Jodhpur
Ram Prasad Kumhar vs State Of Rajasthan (2025:Rj-Jd:38902) on 1 September, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:38902]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16485/2025
1. Ram Prasad Kumhar S/o Hau Ram, Aged About 37 Years,
R/o Dev Naryan Mandir Ratanada, Jodhpur. Working At
Government College Baori, District Jodhpur (Assistant
Professor - History).
2. Dr. Kavita Daiya D/o Bhagwan Daiya, Aged About 39
Years, R/o Plot No. 35, Behind Dev Narayan Mandir, Gali
No. 2, Bhagat Ki Kothi, Jodhpur. Working At Government
Girls College, Soorsagar, Jodhpur. (Assistant Professor -
Botany).
3. Dr. Bharti Sharma (Mrs.) D/o Shri Durga Dutt, Aged
About 46 Years, R/o Village Bhojasar, Tehsil Ratangarh,
District Churu. Working At Mbm Government Girls College
Sujangarh, District Churu. (Assistant Professor - Home
Science).
4. Dr. Ramesh Chand S/o Shri Heera Lal, Aged About 51
Years, R/o Hanuman Marg, Plot No. A-51, Bjs Colony,
Jodhpur. Working At Government College Vidhyadhar
Nagar, Jaipur. (Assistant Professor - Public
Administration).
5. Dr. Meena D/o Asharfi Lal Singh, Aged About 45 Years, R/
o Village Dabhanw, Post Dandi Bajar, Rewa Road, District
Prayagraj, Uttar Pradesh. Working At Government
College, Mandrayal, Karauli. (Assistant Professor -
Sociology).
6. Narayan Lal S/o Shri Rajaram, Aged About 30 Years, R/o
Meghwal Vas, Village Post Mudarla, Tehsil Abu Road,
District Sirohi. Working At Government College, Kotda,
District Udaipur. (Assistant Professor - Geography).
7. Harish S/o Shri Polaram, Aged About 27 Years, R/o Village
Koduka, Post Richholi, Tehsil Patodi, District Balotra.
Working At Government College, Kotda, District Udaipur.
(Assistant Professor - History).
8. Dr. Snehlata Yadav D/o Sh. Rohitashav, Aged About 38
Years, R/o Village Bhikhawas, Post Chandpur, Tehsil
Mundawar, Alwar. Working At Government Girls College
Bahadurpur, District Alwar. (Assistant Professor - Political
Science).
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[2025:RJ-JD:38902] (2 of 4) [CW-16485/2025]
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Higher And Technical Education,
Secretariat, Jaipur.
2. Commissioner, Commissionerate Of College Education,
Block-4, Shiksha Sankul, Jln Marg, Jaipur.
3. Joint Secretary, Hrd, Commissionerate Of College
Education, Block-4, Shiksha Sankul, Jln Marg, Jaipur.
4. Principal, Government College Baori, District Jodhpur.
5. Principal, Government Girls College, Soorsagar, Jodhpur.
6. Principal, Mbm Government Girls College Sujangarh,
District Churu.
7. Principal, Government College Vidhyadhar Nagar, Jaipur.
8. Principal, Government College, Mandrayal, Karauli.
9. Principal, Government College, Kotda, District Udaipur.
10. Principal, Government Girls College Bahadurpur, District
Alwar.
----Respondents
For Petitioner(s) : Mr. Nikhil Dungawat
For Respondent(s) : Mr. Rajendra Jala and
Ms. Lata Ladrecha for
Mr. S.S. Ladrecha, AAG
HON'BLE DR. JUSTICE NUPUR BHATI
Order
01/09/2025
1. Learned counsel for the petitioners as well as the
respondents jointly submit that the controversy involved in the
present petition is 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:38902] (3 of 4) [CW-16485/2025]
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 No.903/2023; State of Writ
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 Parall 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. 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).
[2025:RJ-JD:38902] (4 of 4) [CW-16485/2025]
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.
(DR. NUPUR BHATI),J
86-/Devesh/-
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