In a significant order reinforcing the rights of guest faculty under the Vidhya Sambal Scheme, the Rajasthan High Court disposed of a writ petition directing the continuation of petitioners on their posts until replaced by regular employees or RPSC-selected candidates. The Court reiterated the directions from its earlier Division Bench judgment, ensuring payment of honorarium at Rs. 800 per hour, subject to availability of students for the courses.
Background & Facts
The Dispute
Seven petitioners, all serving as Guest Faculty under the Vidhya Sambal Scheme in various government colleges across Rajasthan, approached the High Court seeking continuation of their services and payment of honorarium. The petitioners, engaged in subjects such as Commerce, Botany, Geography, History, Hindi, Music, and Hindi Literature, alleged that their services were being arbitrarily terminated despite the absence of regular faculty replacements. The dispute centered on the interpretation of their entitlements under the scheme and the applicability of the Division Bench judgment in State of Rajasthan & Ors. v. Ram Chaturvedi & Ors.
Key Facts
- The Vidhya Sambal Scheme was introduced by the Rajasthan Government to engage guest faculty in government colleges to address faculty shortages.
- The petitioners were appointed as guest faculty under the scheme in various colleges:
- Dr. Vidhi Jain (Commerce) and Dr. Vinay Sharma (Botany) at Shri Pratap Singh Barath Govt College, Shahpura, Bhilwara.
- Dr. Shankar Lal Salvi (Geography) and Rana Ram Dewasi (History) at Govt. College, Sayara, Udaipur.
- Urmila Kumari Yadav (Hindi) and Dr. Kanchan Gupta (Music) at Govt. Girls College, Gangauri Bazar, Jaipur.
- Dr. Bhanwar Lal Meena (Hindi Literature) at Govt. Girls College, Salumbar.
- The petitioners were engaged on a contractual basis, receiving an honorarium of Rs. 800 per hour.
- The respondents, including the State of Rajasthan, Commissioner of College Education, and respective Principals of the colleges, were alleged to have threatened discontinuation of their services without following due process.
Procedural History
- 13.07.2026: The present S.B. Civil Writ Petition No. 11296/2026 was filed before the Rajasthan High Court, Jaipur Bench.
- The petitioners relied on the Division Bench judgment in D.B. Special Appeal Writ No. 903/2023 (State of Rajasthan & Ors. v. Ram Chaturvedi & Ors.), decided on 19.09.2025, which had laid down directions for the continuation of guest faculty under similar circumstances.
- The respondents did not contest the applicability of the Ram Chaturvedi judgment and agreed to dispose of the petition in light of its directions.
Relief Sought
The petitioners sought the following reliefs:
- Continuation of their services as guest faculty under the Vidhya Sambal Scheme until replaced by regular employees or RPSC-selected candidates.
- Payment of honorarium at the rate of Rs. 800 per hour, as prescribed under the scheme.
- Protection against arbitrary termination without following the directions laid down in Ram Chaturvedi.
The Legal Issue
The primary legal question was whether the petitioners, as guest faculty under the Vidhya Sambal Scheme, were entitled to continuation of their services and payment of honorarium in accordance with the directions issued in the Ram Chaturvedi judgment, particularly in the absence of regular faculty replacements.
Arguments Presented
For the Petitioners
- The petitioners relied on the Division Bench judgment in Ram Chaturvedi, which had categorically held that guest faculty under the Vidhya Sambal Scheme were entitled to continue on their posts until replaced by regular employees or RPSC-selected candidates.
- They argued that the directions in Ram Chaturvedi were binding on the respondents and that any deviation would amount to contempt of court.
- The petitioners contended that the honorarium of Rs. 800 per hour was a settled entitlement under the scheme and could not be unilaterally altered or withheld.
For the Respondents
- The respondents, represented by Mr. S.S. Naruka, Additional Advocate General, did not refute the applicability of the Ram Chaturvedi judgment.
- They submitted that the petition be disposed of in light of the same directions as issued in the aforementioned case, indicating no opposition to the petitioners' claims.
The Court's Analysis
The Court, presided over by Justice Rekha Borana, noted that the dispute was squarely covered by the Division Bench judgment in Ram Chaturvedi. The Court observed that the respondents had not raised any substantive arguments to distinguish the present case from the earlier judgment, thereby accepting its applicability.
The Court reproduced the key directions from Ram Chaturvedi, which formed the basis of its order:
".......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:- (1) The respondent/original petitioner/applicants are entitled to continue on their respective posts till they are replaced by existing regular employees or regularly selected candidates through RPSC. (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. (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. With the above modification, the present appeals are disposed of."
The Court held that the directions in Ram Chaturvedi were binding and applicable to the present case, leaving no room for ambiguity. The Court emphasized that the continuation of guest faculty was contingent upon the availability of students for the respective courses and that the honorarium rate was to be maintained as prescribed.
The Verdict
The Court disposed of the writ petition on the same terms and conditions as laid down in the Ram Chaturvedi judgment. Specifically, the Court directed:
- The petitioners are entitled to continue on their respective posts as guest faculty under the Vidhya Sambal Scheme until replaced by regular employees or RPSC-selected candidates.
- The continuation of their services is subject to the availability of sufficient students for the courses they were appointed to teach.
- The petitioners are entitled to honorarium at the rate of Rs. 800 per hour, as currently paid or as may be modified by the State from time to time.
- The stay application and any pending applications were also disposed of.
What This Means For Similar Cases
Binding Precedent for Guest Faculty Rights
- The judgment reinforces that guest faculty under the Vidhya Sambal Scheme have a right to continuation of their services until regular replacements are made. This sets a binding precedent for similar cases across Rajasthan, ensuring that guest faculty cannot be arbitrarily terminated.
- Practitioners representing guest faculty can rely on this judgment to argue for continuation of services and payment of honorarium in accordance with the scheme's provisions.
Conditions for Continuation
- The entitlement to continuation is not absolute and is subject to the availability of students for the respective courses. This implies that guest faculty may face termination if the courses they teach are discontinued or if student enrollment drops significantly.
- Colleges and the State must ensure that due process is followed before discontinuing services, including providing reasonable notice and opportunity for representation.
Honorarium as a Protected Entitlement
- The judgment clarifies that the honorarium rate of Rs. 800 per hour is a protected entitlement under the scheme, which cannot be unilaterally altered or withheld by the State or college authorities.
- Any modification to the honorarium rate must be in accordance with the scheme's provisions and cannot be arbitrary. Guest faculty can challenge reductions in honorarium if not justified by the scheme's terms.
Implications for State Policy
- The judgment underscores the need for the State of Rajasthan to regularize guest faculty positions through the RPSC selection process to avoid prolonged reliance on contractual appointments.
- It also highlights the judicial scrutiny over the implementation of government schemes, ensuring that beneficiaries' rights are not violated due to administrative lapses.
