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Rajasthan High Court - Jodhpur
Dr. Sunil Khati vs State Of Rajasthan (2026:Rj-Jd:10268) on 25 February, 2026
Author: Nupur Bhati
Bench: Nupur Bhati
[2026:RJ-JD:10268]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4417/2026
1. Dr. Sunil Khati S/o Pukhraj, Aged About 28 Years, R/o
Village Roopathal, Post Arwar, Tehsil Jayal, District
Nagaur. At Present Working At Government College,
Kuchera. (Assistant Professor Zoology)
2. Dr. Devendra Choudhary S/o Fakir Chand Choudhary,
Aged About 35 Years, R/o Gurava Ka Mohalla, Post
Jatawas, District Nagaur. At Present Working At
Government College, Kuchera. (Assistant Professor
Botany).
3. Devendra Chayal S/o Pukhraj, Aged About 25 Years, R/o
Near Akashdeep Ashram, Shiv Colony, Deh Road, Post
Nagaur, District Nagaur. At Present Working At
Government College, Kuchera. (Assistant Professor
English ).
4. Jitendra Sain S/o Madan Lal Sain, Aged About 24 Years,
R/o Rawla Kot, Jhalamand, District Jodhpur.at Present
Working At Government College, Kuchera. (Assistant
Professor Physics).
5. Sunita Bijarniya D/o Jhabar Mal, Aged About 29 Years, R/
o Pujari Ka Bas, Sawaipura, Sikar. At Present Working At
Government College, Jaitaran. (Assistant Professor
Physics)
6. Jyoti Saini D/o Jagdish Prasad Saini, Aged About 31
Years, R/o Ward No. 7, Rajputo Ka Mohalla, Antela, Virat
Nagar, Jaipur. At Present Working At Government
College,jaitaran. (Assistant Professor Chemistry ).
----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, Kuchera, District Nagaur.
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[2026:RJ-JD:10268] (2 of 4) [CW-4417/2026]
5. Principal, Government College, Jaitaran, Beawar.
----Respondents
For Petitioner(s) : Mr. Nikhil Dungawat
For Respondent(s) : Ms. Lata Ladrecha for
Mr. S.S. Ladrecha, AAG
HON'BLE DR. JUSTICE NUPUR BHATI
Order
25/02/2026
1. The issue involved in the present case relates to the
engagement of guest faculties in various subjects under the Vidya
Sambal Yojna and other similar schemes in higher education
institutions. The controversy essentially relates to whether such
teaching posts in colleges should continue to be held by the
existing guest faculties or be opened for fresh appointments in
each academic session.
2. This issue involved in the present case has already been
considered by the Hon'ble Division Bench of this Court at Jaipur in
the case of State of Rajasthan & Ors. Vs. Ram Chaturvedi &
Ors. (D.B. Special Appeal Writ No. 903/2023), decided on
19.09.2025, wherein the Court took note that the State of
Rajasthan, in the year 2021, introduced the Vidya Sambal Yojna to
engage experts and experienced teachers/trainers as guest
faculties in educational institutions wherever more than 60% of
the sanctioned posts were lying vacant, with the objective of
ensuring continuity of teaching and completion of students'
courses.
3. Learned counsel for the respondents submitted that the
Hon'ble Division Bench of this Court vide order dated 09.10.2025
passed in the case of Dr. Shashi Pandit Vs. The State of
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[2026:RJ-JD:10268] (3 of 4) [CW-4417/2026]
Rajasthan & Ors. (D.B. Spl. Appl. Writ No. 1270/2025) and
other connected matters, referred the issue covered in the present
writ petition by referring to another judgment of the Hon'ble
Division Bench of this Court at Jaipur in the case of State of
Rajasthan & Ors. Vs. Ram Chaturvedi & Ors. (supra).
4. Relevant portion of the order dated 09.10.2025 passed in the
case of Ram Chaturvedi & Ors. (supra) is reproduced
hereunder:
"4. The Hon'ble Coordinate Bench of this Court, vide its
order dated 19.09.2025, while according due weightage to
the experience of guest faculties, arrived at the following
conclusion:-
1. "After carefully considering the judgment passed by
the learned Single Judge of this Court in the matter of
Ram Chaturvedi & Ors. (supra) as well as the judgment
of the Hon'ble Supreme Court in the matter of Manish
Gupta & Ors. (supra), we deem it just and proper to
dispose of these appeals and modify the judgment
dated 23.08.2023 passed by the learned Single Judge
as follows:- 2.(1) The respondents/original
petitioners/applicants are entitled to continue on their
respective posts till they are replaced by existing
regular employees or regularly selected candidates
through RPSC. 3. (2) The respondents/original
petitioners/ applicants would be continued on their
posts provided that sufficient number of students are
available for the particular courses(s) for which they
were appointed. 4.(3) The respondents/original
petitioners/applicants would be entitled to honorarium
at the rate of Rs.800/- per hour as is being paid to
them presently or to be modified by the State from
time to time.
5. With the above modification, the present appeals are
disposed of."
5. Though the matter is referred to the Larger Bench, the
enforceability of the decision in the case of Ram Chaturvedi
(supra) is still in operation.
6. In view of the above, the present writ petition is disposed of
in the same terms, as passed in the case of State of Rajasthan
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[2026:RJ-JD:10268] (4 of 4) [CW-4417/2026]
& Ors. Vs. Ram Chaturvedi & Ors. (supra). This direction is
subject to the result of the decision of the Larger Bench.
7. All pending applications, if any, stand disposed of.
(DR.NUPUR BHATI),J
61-/Devesh/-
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