Faculty In Colleges Run By State Education Society Are Covered Under 2023 Hiring Of Manpower Rules: Rajasthan High Court
While granting relief to a bunch of Teaching Associates engaged under the “Vidhya Sambal Yojna” (“Yojna”) in colleges covered under the Rajasthan College Education Society (Raj-CES), Rajasthan High Court said that their engagement shall be governed under the 2023 Raj-CES Hiring of Manpower Rules, 2023 rather than the Yojna.The Yojna was introduced by the State Government to...
While granting relief to a bunch of Teaching Associates engaged under the “Vidhya Sambal Yojna” (“Yojna”) in colleges covered under the Rajasthan College Education Society (Raj-CES), Rajasthan High Court said that their engagement shall be governed under the 2023 Raj-CES Hiring of Manpower Rules, 2023 rather than the Yojna.
The Yojna was introduced by the State Government to engage faculties on a temporary and periodic basis to impart education to students in the institutions lacking regular staff.
Justice Vinit Kumar Mathur in his order held that vide its order dated July 11, 2022, the State Government not only constituted Raj-CES, but also notified that 2023 Rules that governed and regulated the hiring of manpower on a contractual basis, and others service conditions of people engaged in connection with affairs Raj-CES.
“Since, the Rules of 2023 envisage the entire code for the engagement of manpower, therefore, this Court is of the considered view that appointments in colleges falling within the ambit of Rajasthan College Education Society (Raj-CES) are required to be governed strictly by the said Rules.”
The Court was hearing a bunch of petitions filed by Teaching Associates who were engaged under the Yojna on a periodical basis depending on the need and availability of vacancies in various colleges falling under the ambit of Raj-CES.
The remuneration as well as the service conditions were governed as per the norms of the Yojna, and the same were not found to be satisfactory by the petitioners. Hence, representations were filed seeking governance and benefits under the 2023 Rules. However, the same were not granted, and resultantly, the petitions were filed before the Court.
After hearing contentions from both sides, the Court perused the records, and highlighted that along with constitution of Raj-CES vide its order dated July 11, 2022, the State Government also formulated the 2023 Rules to regulate the hiring and service conditions of the manpower hired in colleges falling under the society.
It was held that the 2023 Rules envisaged the entire code for engagement of manpower, and in light of the fact that the petitioners were appointed in colleges falling within the ambit of Raj-CES, they were required to be governed strictly by the 2023 Rules, and not the Yojna.
Accordingly, the State was directed to extend the benefits under the 2023 Rules to the petitioners, and not to disengage the petitioners till the process under 2023 Rules was initiated afresh.
Title: Dr. Jwala Prasad Kaloshia & Ors. v the State of Rajasthan & Ors.
Citation: 2025 LiveLaw (Raj) 187