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Rajasthan High Court - Jodhpur
Jai Narain Vyas University, Jodhpur vs Surya Prakash Sharma ... on 19 January, 2026
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2026:RJ-JD:3055-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 179/2024
1. Jai Narain Vyas University, Jodhpur, Through Its Registrar.
2. The Registrar, Jai Narayan Vyas University, Jodhpur.
----Appellants
Versus
Surya Prakash Sharma S/o Virendra Sharma, Aged About 28
Years, R/o House No. 11-A, Karmchari Colony, 8 Residency Road,
Jodhpur, Rajasthan.
----Respondent
For Appellant(s) : Mr. Yashpal Khileree for
Mr. Deepesh Singh Beniwal
For Respondent(s) : Mr. Mohit Singh Choudhary
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
19/01/2026
1. Learned counsel for the parties have shown the order passed
by a learned Division Bench of this Court in D.B. Spl. Appl. Writ
No.153/2024, (Jai Narain Vyas University Jodhpur vs.
Ramesh Pandit), on 18.11.2024, which reads as follows:-
"Heard on prayer for stay.
Learned counsel for the appellants would submit
that relief has been granted to the respondent-writ
petitioners relying upon the order passed by this Court
in the case of Lalit Gehlot & Ors. Vs. Jai Narain
Vyas University, Jodhpur (S.B. Civil Writ Petition
No.5666/2022). The judgment of this Court in the
case of Lalit Gehlot (supra) has been challenged in the
Hon'ble Supreme Court and vide common order dated
22.01.2024, the order passed in the case of Lalit
Gehlot (supra) has been stayed.
Learned counsel appearing for the respondents-
writ petitioners in all these appeals except S.A.W.
No.255/2024 would submit that though the Hon'ble
Supreme Court has stayed the order passed in the case
of Lalit Gehlot (supra), there were earlier round of
litigation and favourable orders have been passed in
favour of the employees seeking regularization
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[2026:RJ-JD:3055-DB] (2 of 3) [SAW-179/2024]
similarly situated as the respondents in the case of Jai
Narain Vyas University, Jodhpur & Anr. Vs.
Bhanwar Singh and Jai Narain Vyas University,
Jodhpur & Anr. Vs. Mukesh Sharma.
Therefore, it is submitted that even though the
writ petitions were disposed of on the basis of order
passed in the case of Lalit Gehlot (supra), stay granted
by the Hon'ble Supreme Court would not affect the
merits of the present case.
At this stage, what we find is that the sole basis
for the learned Single Judge to allow the writ petition in
the case of Lalit Gehlot (supra), which order has been
stayed by the Hon'ble Supreme Court on 22.01.2024.
Therefore, in these circumstances, the impugned
orders cannot be allowed to be executed and is
therefore, kept in abeyance awaiting further order as
may be passed by the Hon'ble Supreme Court in the
case of Lalit Gehlot (supra).
List all these appeals for further orders after six
weeks."
2. Mr. Mohit Singh Choudhary, learned counsel appearing for
the respondent submits that the controversy involved in the
present appeal is already settled in the case of Jai Narain Vyas
University, Jodhpur & Anr. Vs. Mukesh Sharma (D.B.
Special Appeal Writ No.347/2019), decided on 13.08.2021.
3. Learned counsel for the appellants, however submits that
while considering the case of Mukesh Sharma (supra), the case of
Lalit Gehlot (supra) is being adjudicated by Hon'ble Supreme
Court and is currently pending.
4. This Court is of the considered opinion that these issues have
already attained finality from this Court in large number of cases
and now the Hon'ble Apex Court is seized of the controversy
therefore, no further application of mind is called for, as the
mandate of the Hon'ble Apex Court shall govern the present
respondents as well, be it in the case of Lalit Gehlot (supra).
5. Thus, the special appeal (writ) is disposed of with a direction
that the position of law in these cases shall be governed by the
judgment passed by the Hon'ble Apex Court in Lalit Gehlot
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[2026:RJ-JD:3055-DB] (3 of 3) [SAW-179/2024]
(supra). All benefits arising out of the order of the Hon'ble Apex
Court in Lalit Gehlot shall apply to the present respondent as well.
It is made clear that the appellants shall maintain all kinds of
parity for respondent regarding continuance in service with Lalit
Gehlot until the Lalit Gehlot (supra) is finally decided by the
Hon'ble Apex Court.
(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J
23-mohit/-
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