Citation : 2026 Latest Caselaw 4460 Raj
Judgement Date : 24 March, 2026
[2026:RJ-JD:13784]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6336/2026
1. Dr. Anamika Lata D/o Shri Anand Kumar Lata, Aged About
33 Years, R/o Sector 12, House No. 59, Near Govt. High
School, Behind Mamta Hospital, Hanumangarh,
Rajasthan, At Present Working At Government College,
Lalgarh Jatan, Sriganganagar (Assistant Professor English
Literature).
2. Manoj Kumar Bhakar S/o Shri Mahaveer Singh Bhakar,
Aged About 27 Years, R/o Village Mehaliya, P.o. Malsisar,
Bhojala, Hanumangarh, Rajasthan At Present Working At
Government College, Rawatsar, Hanumangarh (Assistant
Professor Physics).
----Petitioners
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Department Of Higher And Technical Education,
Secretariat, Jaipur.
2. The Principal Secretary, Department Of Finance, Govt. Of
Rajasthan, Secretariat, Jaipur.
3. The Commissioner, College Education, Block-4, Shiksha
Sankul, Jln Marg, Jaipur.
4. Nodal Cum Principal, Dr. Bhimrao Ambedkar Government
College, Sriganganagar.
5. Nodal Officer Cum Principal, Government Girls College,
Sadulshahar.
6. Nodal Cum Principal, S.n.d.b. Government College, Nohar.
7. Principal, Government College, Rawatsar, Hanumangarh.
8. Principal, Government College, Lalgarh Jatan,
Sriganganagar.
----Respondents
For Petitioner(s) : Mr. Sumer Singh
For Respondent(s) : Mr. Ravindra Jala, AAAG for
Mr. SS Ladrecha, AAG
HON'BLE MR. JUSTICE FARJAND ALI
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[2026:RJ-JD:13784] (2 of 4) [CW-6336/2026]
Order
24/03/2026
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 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).
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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 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 course(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 &
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[2026:RJ-JD:13784] (4 of 4) [CW-6336/2026]
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.
(FARJAND ALI),J 41-chhavi/-
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