Bhanwara Ram vs The State Of Rajasthan ...
2025 Latest Caselaw 13225 Raj

Citation : 2025 Latest Caselaw 13225 Raj
Judgement Date : 15 September, 2025

Rajasthan High Court - Jodhpur

Bhanwara Ram vs The State Of Rajasthan ... on 15 September, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:40887]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 17553/2025

1.       Bhanwara Ram S/o Shri Hari Ram, Aged About 45 Years,
         R/o Barsani, Bheekhorai Jooni, Bhikodai, Jaisalmer,
         Rajasthan, At Present Working At Government College,
         Phalsund, Pokharan, Jaisalmer (Assistant Professor
         Political Science)
2.       Dr. Shivani Pathak W/o Shri Yash Pathak, Aged About 30
         Years, R/o Aaditya, Krishna Nagar, Near Boys Hostel,
         Opposite Circuit House, Sagwara, Dungarpur, Rajasthan,
         At Present Working At Lt. Shri Bhikha Bhai Bheel
         Government College, Sagwara, Dungarpur (Assistant
         Professor Mathematics)
3.       Dr. Himanshu Sharma S/o Shri Narendra Krishna Sharma,
         Aged About 47 Years, R/o Gowadi, Sagwara, Dungarpur,
         At Present Working At Government College, Garhi,
         Partapur,   Banswara  (Assistant  Professor   Sanskrit
         Literature)
                                                                   ----Petitioners
                                    Versus
1.       The State Of Rajasthan, Through Principal Secretary,
         Department Of Higher And Technical Education,
         Secretariat, Jaipur.
2.       The Principal Secretary, Department Of Finance, Govt. Of
         Rajasthan, Secretariat, Jaipur.
3.       The Commissioner, College Education, Block-4, Shiksha
         Sankul, Jln Marg, Jaipur.
4.       Nodal Cum Principal, Government College, Sagwara,
         Dungarpur
5.       Nodal Cum        Principal,       S.b.p.       Government       College,
         Dungarpur
6.       Nodal Cum Principal, Shri Govind Guru Government
         College, Banswara
7.       Nodal Cum Principal, Government Girls College, Pokaran,
         Jaisalmer
8.       Principal, Government College, Lt. Shri Bhikha Bhai Bheel
         Government College, Sagwara, Dungarpur
9.       Principal, Government College, Phalsund, Jaisalmer
10.      Principal, Government College, Garhi, Partapur, Banswara
                                                                 ----Respondents


For Petitioner(s)         :     Dr. Ashok Choudhary
For Respondent(s)         :     Mr. Ravindra Jala for
                                Mr. S.S. Ladrecha, AAG




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              HON'BLE MS. JUSTICE REKHA BORANA

Order

15/09/2025

1. The present petition has been filed laying a challenge to

advertisements dated 01.07.2025 and 02.07.2025 (Annexure-2)

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 working and not in any other Institution. Rest of directions will remain operative."

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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 the aforesaid advertisements (Annexure-2)

6. 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