[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Dr. Jogendra Mitra vs State Of Rajasthan (2026:Rj-Jd:2331) on 15 January, 2026
[2026:RJ-JD:2331]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 220/2026
1. Dr. Jogendra Mitra S/o Visheshwar Nath, Aged About 37
Years, R/o Naugarh Road, Robbertsganj, Purana Khurd,
Nai Bazar, District Sonbhadra, Uttar Pradesh, At Present
Working At Government Maharana Acharya Sanskrit
College, Udaipur, Assistant Professor (Guest Faculty)
(Subject Sanskrit Vangmay).
2. Dr. Kala Amera D/o Onkar Singh Amera, Aged About 39
Years, R/o 75, New Shiv Nagar Nokha, Hiran Magri
Sector-4, Manwa Khera, Udaipur. At Present Working At
Government Maharana Achaya Sanskrit College, Udaipur,
Assistant Professor (Guest Faculty) (Subject Hindi
Literature).
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Sanskrit Education, Secretariat, Jaipur.
2. Commissioner, Commissionerate Of Sanskrit Education,
Block-6, Shiksha Sankul, JLN Marg, Jaipur.
3. Director, Directorate Of Sanskrit Education Government
Of Rajasthan, 2nd Floor, Block-6, Shiksha Sankul, JLN
Marg, Jaipur, Rajasthan.
4. Principal, Government Maharana Acharya Sanskrit
College, Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Nikhil Dungawat
For Respondent(s) : Mr. Deepak Chandak &
Ms. Sulochana Bishnoi for
Mr. B.L. Bhati, AAG
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
15/01/2026
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
(Uploaded on 15/01/2026 at 02:29:31 PM)
[2026:RJ-JD:2331] (2 of 3) [CW-220/2026]
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
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
(Uploaded on 15/01/2026 at 02:29:31 PM)
[2026:RJ-JD:2331] (3 of 3) [CW-220/2026]
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
& 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.
(MUNNURI LAXMAN),J
172-BhumikaP/-
(Uploaded on 15/01/2026 at 02:29:31 PM)
Powered by TCPDF (www.tcpdf.org)
