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Dr. Deepak Sharma vs State Of Rajasthan (2026:Rj-Jd:4238)
2026 Latest Caselaw 998 Raj

Citation : 2026 Latest Caselaw 998 Raj
Judgement Date : 22 January, 2026

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

Dr. Deepak Sharma vs State Of Rajasthan (2026:Rj-Jd:4238) on 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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