Dr. Sunil Bishnoi vs The State Of Rajasthan ... on 10 March, 2026

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      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Civil Writ Petition No. 18147/2025

1.       Dr. Sunil Bishnoi S/o Shri Babu Lal Bishnoi, Aged About
         33 Years, R/o 1-Ga-14 Madhuban Housing Board, Basni
         First Phase, Jodhpur, Rajasthan At Present Working At
         Government          Girls     College,        Magra          Punjla,    Jodhpur,
         Rajasthan (Assistant Professor - History).
2.       Asif Sisodiya S/o Shri Mustak Sisodiya, Aged About 31
         Years, R/o Near Gandhi Chowk, Sabzi Mandi, Ward No.
         27, Ladnu, Nagaur, At Present Working At Seth R. N. Ruia
         Government           College,        Ramgarh,          Shekhawati,         Sikar
         (Assistant Professor Physics)
3.       Vasi Haidar S/o Shri Moharram Ali, Aged About 32 Years,
         R/o Gram Rasulpur, Dhauldi, Nanu, Fatehpur, Po Dhaulri,
         Meerut, Uttar Pradesh, At Present Working At Seth R. N.
         Ruia Government College, Ramgarh, Shekhawati, Sikar
         (Assistant Professor Urdu)
4.       Rajat Kumar Khinchi S/o Shri Nand Lal, Aged About 28
         Years, R/o Bissau Road, Gandhi Colony, Churu, Rajasthan,
         At Present Working At Seth R. N. Ruia Government
         College, Ramgarh, Shekhawati, Sikar (Assistant Professor
         Mathematics)
5.       Dr. Kishan Gopal Jhanwar S/o Shri Ram Prasad Jhanwar,
         Aged About 41 Years, R/o 13/209, Modiyana Gali, Dangra
         Ka Chowk, Naya Bazaar, Ajmer, Rajasthan, At Present
         Working At Government Girls College, Sarwar, Ajmer,
         Rajasthan (Assistant Professor-Chemistry)
6.       Dr. Garima Lohiya D/o Shri Bansi Lal Lohiya, Aged About
         40 Years, R/o 1486, Prakash Road, Ajmer, At Present
         Working At Government Girls College, Sarwar, Ajmer,
         Rajasthan (Assistant Professor-Zoology)
7.       Dr. Avtar Singh Jadoun S/o Shri Kaushal Kishore Singh
         Jadoun, Aged About 38 Years, R/o 6, Jagdamba Nagar,
         Ward No. 3, Bajrang Dwar, Kalwar Road, Jhotwara,
         Harnathpura, Niwaru, Jaipur, At Present Working At
         Government College, Karauli (Assistant Professor-E.a.f.m.
         (Commerce))
8.       Dr. Mukesh Singh Chandel S/o Shri Brij Mohan, Aged
         About 32 Years, R/o Ronsi, District Karauli, At Present
         Working        At   Government            College,          Karauli    (Assistant

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         Professor-A.b.s.t.)
9.       Dr. Chander Prakas Mali S/o Shri Narsingh Mali, Aged
         About 50 Years, R/o Maliyo Ka Mohalla, Ratakhera,
         Derathoo, Ajmer, At Present Working At Government Girls
         College, Gulabpura, Bhilwara (Assistant Professor-Political
         Science)
10.      Dr. Jitendra Kumar Yogi S/o Shri Babu Lal Yogi, Aged
         About 37 Years, R/o Gaon Rasidpur, Tehsil Mahua, Dausa,
         At Present Working At Government College, Keru, Jodhpur
         (Assistant Professor-Geography)
11.      Dr. Bhagwat Priya Arora W/o Shri Nitesh Arora, Aged
         About 43 Years, R/o 42, Shri Krishn Nagar, Near 23
         Sector, Chopasani Housing Board, Jodhpur, At Present
         Working At Government College, Keru, Jodhpur (Assistant
         Professor-Sanskrit)
12.      Dr. Tripathi W/o Shri Ashwini Dubey, Aged About 37
         Years, R/o E-283, Naivedya, Rameshwar Nagar, Basni
         Phase-1, Jodhpur, At Present Working At Government
         College, Keru, Jodhpur (Assistant Professor-English)
13.      Dr. Kavita D/o Shri Bhura Ram, Aged About 38 Years, R/o
         C-136, Dharam Narayan Ji Ka Hatha, Paota, Jodhpur, At
         Present Working At Government College, Keru, Jodhpur
         (Assistant Professor-Hindi)
14.      Dr. Sukhram S/o Shri Gordhan Ram, Aged About 37
         Years, R/o Paharganj, Opposite Shiv Mandir, Mandore
         Road,    Jodhpur,       At    Present       Working        At    Government
         College, Keru, Jodhpur (Assistant Professor-History)
15.      Kamal Kishore S/o Shri Shankarlal, Aged About 39 Years,
         R//o Street No. 4, Kila Road, Kalal Colony, Nagori Gate,
         Jodhpur, Rajasthan, At Present Working At Government
         College, Gotan, Nagaur (Assistant Professor History)
16.      Som Vir S/o Shri Mansa Ram, Aged About 41 Years, R/o
         Village Sardarpura, Post Chapra, Jhunjhunu, Rajasthan,
         At   Present      Working        At       Master     Hajari      Lal     Sharma
         Government         College,       Chidava,         Jhunjhunu           (Assistant
         Professor English).
                                                                         ----Petitioners
                                       Versus
1.       The State Of Rajasthan, Through Principal Secretary,

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         Department         Of      Higher         And      Technical        Education,
         Secretariat, Jaipur.
2.       The Principal Secretary, Department Of Personnel, Govt.
         Of Rajasthan, Secretariat, Jaipur.
3.       The     Commissioner,             Commissionerate              Of      College
         Education, Block-4, Shiksha Sankul, Jln Marg, Jaipur.
4.       Finance Department, Through The Principal Secretary, 1St
         Floor, Main Building, Government Secretariat, Jaipur,
         Rajasthan.
                                                                    ----Respondents


For Petitioner(s)            :     Dr. Ashok Choudhary
For Respondent(s)            :     Ms. Jaya Ladrecha for Mr. SS
                                   Ladrecha, AAG



               HON'BLE MR. JUSTICE ARUN MONGA

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

10/03/2026

1. The petitioners are before this Court seeking following relief(s):-

"(a) By an appropriate writ, order or directions, the respondents be directed that the notification dated 11.01.2022 promulgating the Rajasthan Contractual Hiring Civil Posts Rules, 2022, so far as it excludes aspirants like the petitioners, discharging similar duties on the ground of working through placement agencies, from being hired on contractual basis under the Rules of 2022, may kindly be declared ultra-

vires to the Constitution of India and thus the same may kindly be amended/struck down, and the persons working under Vidya Sambal Yojana may kindly be included to be hired on contractual basis.

(b) In alternative, Rule 3 of the Rajasthan Contractual Hiring Civil Posts Rules, 2022 may be read down harmoniously so as to protect the rights of the persons working under Vidya Sambal Yojana at par with that of the contractual employees who are discharging similar duties.

(c) By an appropriate writ, order or directions, the respondents be directed that the service experience of the petitioners while working under Vidya Sambal Yojana and performing the same duties for the respondents may kindly be considered as equivalent to services discharged while rendering direct services on contractual basis for the purpose of being hired on contractual basis under the Rules of 2022 and deserves to be paid as per the Finance Rules for contractual employees.

(d) By an appropriate writ, order or directions, the respondents be directed that all consequential orders/notice/instructions issued by the respondent authorities in pursuance of the notification dated 11.01.2022 (Annex-6) may kindly be quashed and set aside.

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(e) By an appropriate writ, order or directions, any order adverse to the petitioners, if passed in the intervening period, may also be declared bad in law and the same be also quashed and set aside."

2. At the outset, it transpires that the petition has been placed

before the Division Bench in view of alternative prayer for

quashing of Rule 3 of the Rajasthan Contractual Hiring Civil Posts

Rules, 2022 (hereinafter referred to as 'the Rules of 2022')

declaring it as ultravires the Constitution of India.

3. However, on a query put to the learned counsel for the

petitioners as to whether any steps have been taken by the

petitioners by approaching the Competent Authority for redressal

of their grievance with regard to the principal relief sought in the

petition, he would submit that the petitioners would like to prefer

a representation by making out their grievances in detail therein,

which may be duly considered and decided by the Competent

Authority in accordance with law in light of the Rules of 2022.

4. Learned counsel appearing for the respondents also submits

that she is agreeable to the aforesaid submission made by the

counsel for the petitioners and in the event such a representation

is filed by the petitioners, the same shall be considered in

accordance with law by the Competent Authority.

5. In view of the aforesaid joint consensus, the instant petition

is disposed of with a liberty to the petitioners to file an appropriate

representation.

6. In case needful is done within a period of two weeks from

today, the same shall be considered by the Competent Authority of

the respondents by passing a speaking order.

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7. Needless to say that if petitioners are still aggrieved by the

proposed decision to be taken on their representation (to be filed),

they may challenge the same, if so advised.

8. All pending application(s) including stay petition stand

disposed of.

                                   (SUNIL BENIWAL),J                                               (ARUN MONGA),J
                                    5-raksha/-




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