Citation : 2026 Latest Caselaw 998 Raj
Judgement Date : 22 January, 2026
[2026:RJ-JD:4238]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1407/2026
1. Dr. Deepak Sharma S/o Virendra Pal Sharma, Aged About
37 Years, R/o 74, Tagor Nagar, Near Circuit House,
District Pali, Working At Government Girls College Sojat
Road, District Pali. (Assistant Professor Geography).
2. Anjali Singh D/o Shri Kalater Singh, Aged About 31 Years,
R/o Subhash Marg, Sojat Road, District Pali, Working At
Government Girls College Sojat Road, District Pali.
(Assistant Professor - Home Science).
3. Dr. Jyoti Rajvi D/o Shri Rishiraj Singh, Aged About 33
Years, R/o Sector 3, Plot No. 61, Hanumangarh Town,
District Hanumangarh. Working At Government Girls
College, Bada Guda, District Pali. (Assistant Professor -
Home Science).
4. Sonu Sharma (Miss) D/o Shri Ratan Lal Sharma, Aged
About 28 Years, R/o Vpo Kankaria, Tehsil Khetri, District
Jhunjhunun. Working At Government College, Losal,
District Sikar. (Assistant Professor - Economics).
5. Dr. Narendra Swami S/o Shri Sajjan Pal, Aged About 30
Years, R/o Village Sirsala, Tehsil Chirawa, District
Jhunjhunu, 333502. Working At Subhash Chandra Bose
Government College, Kapasan, District Chittorgarh.
(Assistant Professor - Mathematics).
6. Jagdish Chandra Tailor S/o Shri Radhe Shyam Tailor, Aged
About 34 Years, R/o Ward No. 6, Po Bolo Ka Sanwata,
District Chittorgarh. Working At Subhash Chandra Bose
Government College, Kapasan, District Chittorgarh.
(Assistant Professor - Sanskrit).
7. Dr. Kanhaiya Lal Sharma S/o Shri Bheru Lal Sharma,
Aged About 27 Years, R/o 6-I-16, R.c. Vyas Colony
Bhilwara, Po Bhilwara, District Bhilwara. Working At
Subhash Chandra Bose Government College, Kapasan,
District Chittorgarh. (Assistant Professor - Botany).
8. Omesh Malav S/o Shri Radhey Shyam Malav, Aged About
25 Years, R/o 3-P-15, Mahaveer Nagar Vistar Yojna, Teshil
Ladpura, District Kota. Working At Subhash Chandra Bose
Government College, Kapasan, District Chittorgarh.
(Assistant Professor - Chemistry).
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9. Dr. Sohan Lal Aheer S/o Shri Ganga Ram Aheer, Aged
About 37 Years, R/o Aheer Mohalla, Village Ramakhera,
Po Kashmor, Tehsil And District Chittorgarh, 312201.
Working At Government Girls College, Kapasan. (Assistant
Professor - Geography).
10. Kaushal Singh Bhati S/o Shri Nagendra Kumar, Aged
About 35 Years, R/o 124, Sah Godam, Village Andpost
Ayani Tehsil Pipalda District Kota Rajasthan 325214.
Working At Government Girls College Kapasan, District
Chittorgarh. (Assistant Professor-History).
11. Shubham Jaiswal S/o Shri Ashok Jaiswal, Aged About 29
Years, R/o Village- Taswariya Post- Bhatto Ka Bamaniya,
Tehsil Kapasan, Chittorgarh, 312202. Working At Subhash
Chandra Bose Government College, Kapasan, District
Chittorgarh. (Assistant Professor - Physics).
12. Tarun Gavariya S/o Shri Jagdish Chandra Gavariya, Aged
About 29 Years, R/o Chandan Chowk, Kanghi Mohalla,
Tehsil Nimbahera, District Chittorgarh. Working At
Government Girls College, Kapasan. (Assistant Professor -
Drawing).
13. Pankaj Kumar Shukla S/o Shri Krishan Kumar Shukla,
Aged About 47 Years, R/o 4- C- 22, Jawahar Nagar,
Matunda Road, District Bundi Pin Code- 323001. Working
At Government College, Rashmi, (Chittorgarh). (Assistant
Professor - History).
14. Dr. Sarita Vaishnav W/o Shree Jaideep Vaishnav, Aged
About 37 Years, R/o Tb 17/03 Vedanta Vihar Colony, Near
Saras Parlor, Dariba, District Rajsamand. Working At
Government College, Rashmi. (Assistant Professor - Hindi
Literature).
15. Sangeeta Choudhary D/o Maharam Singh Kuri, Aged
About 29 Years, R/o Jassi Ka Bas, Tehsil Neem Ka Thana,
District Sikar. Working At Government Girls College,
Galiyakot. (Assistant Professor - Political Science).
16. Dr. Asha Meena W/o Narendra Kumar Meena, Aged About
40 Years, R/o Talai Mahuda, Sarupal, Saroo, District
Udaipur. Working At Government College, Rashmi, District
Chittorgarh. (Assistant Professor - Political Science).
17. Dr. Pooja Jangir D/o Jogaram Jangir, Aged About 34
Years, R/o Laxmi Devi, Anm, Phc, Hajiya Khedi, Block
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Bhadesar, District Chittorgarh. Working At Government
College, Bhadesar, District Chittorgarh. (Assistant
Professor - Geography).
18. Narendra Kumar Khatik S/o Bheru Lal Khatik, Aged About
31 Years, R/o Village Post Singhpur, Tehsil Kapasan,
District Chittorgarh. Working At Government College,
Bhadesar, District Chittorgarh. (Assistant Professor -
Political Science).
19. Mohammad Nusrat Ali Khan S/o Shaukat Ali, Aged About
27 Years, R/o Kumharo Ka Mohalla, Bhadesar, District
Chittorgarh. Working At Government College, Bhadesar,
District Chittorgarh. (Assistant Professor - History).
20. Prem Chand Sukhwal S/o Gopi Lal Sukhwal, Aged About
39 Years, R/o Village Dhobi Kheda, Post, Dhamana, Tehsil
Kapasan, District Chittorgarh. Working At Government
College, Bhadesar, District Chittorgarh. (Assistant
Professor - Hindi Literature).
----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 Girls College Sojat Road, District
Pali (Raj-Ces).
5. Principal, Government Girls College, Bada Guda, District
Pali (Raj-Ces).
6. Principal, Government College, Sojat City, District Pali
(Nodal College).
7. Principal, Shri Kalyan Government Girls College, Sikar
(Nodal College).
8. Principal, Government College, Losal, District Sikar (Raj-
Ces).
9. Principal, Subhash Chandra Bose Government College,
Kapasan, District Chittorgarh. (Nodal College).
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10. Principal, Government College, Kapasan, District
Chittorgarh (Raj-Ces).
11. Principal, Government College, Rashmi, District
Chittorgarh (Raj-Ces).
12. Principal, Late Shri Bhikha Bhai Bheel Government
College, Galiyakot, District Sagwara. (Nodal College).
13. Principal, Government Girls College, Galiyakot, District
Sagwara (Raj-Ces).
14. Principal, Shri Sanwaliya Ji Government College,
Mandaphia, District Chittorgarh (Nodal College).
15. Principal, Government College, Bhadesar, District
Chittorgarh. (Raj-Ces)
----Respondents
For Petitioner(s) : Mr. Nihar Jain
For Respondent(s) : Mr. Deepak Chandak for
Mr. B.L. Bhati, AAG
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
22/01/2026
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
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
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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 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
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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 266-PKS/-
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