Bablee Ram Bairwa, S/o. Meenda Rm v. State of Rajasthan, Through Secretary, Higher Education, Government of Rajasthan
2025-05-07
VINIT KUMAR MATHUR
body2025
DigiLaw.ai
ORDER : 1. Heard learned counsel for the parties. 2. Learned counsel for the petitioners submits that the petitioners are being engaged in the “Vidhya Sambal Yojana” in the colleges where vacancies are available on account of regular faculties not being appointed. She further submits that the engagement is being made for a shorter duration ranging from three months to six months. She also submits that the State Government vide their notification dated 08.10.2023 has promulgated rules titled as Rajasthan College Education Society (RajCES) Rules (hereinafter referred to as the ‘RajCES Rules’), which are governing the engagement of all those persons similarly situated to the petitioners. 3. Learned counsel for the petitioners further submits that in order to deprive the petitioners from the benefits of these rules, the petitioners are being engaged in “Vidhya Sambal Yojana” from time to time. She also submits that the rules also envisaged the position of teaching associates and therefore, they are fully applicable in the case of the petitioners. She, therefore, prays that the respondents may be directed to engage the petitioners as per the RajCES Rules instead of engaging them in the “Vidhya Sambal Yojana”. 4. Learned counsel for the respondents submits that in “Vidhya Sambal Yojana”, persons like petitioners are engaged periodically for a particular session in view of the fact that there are no regular faculties available in that institution. He further submits that the Rajasthan College Education Society Rules are not applicable in the present case as the petitioners’ engagement are not being done on contract basis. He also submits that the process for appointing the regular incumbent has been initiated. 5. I have considered the submissions made before this Court. 6. This Court prima facie is of the view that since the petitioners are giving their services for imparting teaching in the institutions in “Vidhya Sambal Yojana” on contract basis, therefore, the benefit of Rajasthan College Education Rules should be extended to them. 7. Learned counsel for the respondents is directed to file an affidavit to the effect as to why the benefits of Rajasthan College Education Society Rules be not extended to the petitioners. The same shall be filed within a period of one week. 8. List on 13.05.2025. 9. Meanwhile and till the next date of hearing, the petitioners shall not be disengaged from their engagement. 10. Connect with S.B. C.W.P. No.18889/2024. 11.
The same shall be filed within a period of one week. 8. List on 13.05.2025. 9. Meanwhile and till the next date of hearing, the petitioners shall not be disengaged from their engagement. 10. Connect with S.B. C.W.P. No.18889/2024. 11. Let a copy of the writ petition be supplied to Mr. Mahaveer Bishnoi, AAG, Dr. Praveen Khandelwal, AAG and Mr. Deepak Bora, AGC and their names be shown in the cause list as learned counsel for the respondents.