[2025:RJ-JP:6089] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5047/2023 1. Gajendra Kumar Samaria S/o Shri Ghasilal, Aged About 38 Years, R/o 484, Vardhman Ki Gali, Verma Clinic Ke Pass, Rangbari Kota, (Raj.) Presently Posted At New Hospital Medical College, Kota(Raj.). 2. Kashiram Jatav S/o Shri Buddhiram Jatav, Aged About 38 Years, R/o 65-A, Sanjay Nagar, Near Jaya Public School, Bharatpur (Raj.) Presently Posted At Principal Medical Collage Kota(Raj.). 3. Sumitra Mehar D/o Shri Jagdish Chandra Mehar W/o Shri Pramod Kosarwal, Aged About 37 Years, R/o 6-A-25 Mahaveer Nagar-Iii, Kota, (Raj.) Presently Posted At New Hospital Medical College Kota(Raj.). 4. Baini Prasad Meena S/o Shri Badri Lal Meena, Aged About 37 Years, R/o Plot No. 132-B, Taj Colony, Tonk (Raj.) Presently Posted At New Hospital Medical College Kota(Raj.). 5. Pawan Bagdi S/o Shri Radheyshyam Bagdi, Aged About 40 Years, R/o 2F-11, Rangbari Yojna, Kota, (Raj.) Presently Posted At J.k.loan Hospital Kota(Raj.). 6. Neeraj Kumar S/o Shri Devi Lal Bairwa, Aged About 38 Years, R/o H.n. 934, Lakhwa Yojana, Vivekanand Nagar, Kota, (Raj.) Presently Posted At New Hospital Medical College Kota(Raj.). 7. Gajendra Mohan Batra S/o Shri Devi Lal Batra, Aged About 46 Years, R/o Ward-14, 4A2 Mahaveer Nagar Vistar Yojna, Kota, (Raj.) Presently Posted At J.k.loan Hospital Kota(Raj.). 8. Sanju Meena D/o Shri Bhanwar Lal Meena W/o Rajendar Meena, Aged About 40 Years, R/o Baran Road, 63, Saraswati Colony, Gali No. 5, Police Line, Kota, (Raj.) Presently Posted At J.k.loan Hospital Kota(Raj.). 9. Hemlata Meena D/o Shri Ramkaran Meena W/o Shri Satya Narayan Meena, Aged About 40 Years, R/o H.n. 91, Shagun Villa, Deoli, Arab Infront Of Mittal International School, Kota, (Raj.) Presently Posted At J.k.loan Hospital Kota(Raj.). 10. Anita Kumari Meena D/o Manohari Lal Meena W/o Shri Bhupendra Singh Meena, Aged About 39 Years, R/o H.n. 69, Ashwani Vihar, Deoli Arab Road, Kota, (Raj.) Presently Posted At J.k.loan Hospital Kota(Raj.). 11. Manorama Meenad/o Shri Surajmal Meena W/o Shri Budhi Prakash Meena, Aged About 37 Years, R/o Block No. 64/411, Heavy Water Colony, Rawatbhata, Chittorgarh, (Raj.) Presently Posted At Sub District Hospital Rawatbhata, Chittorgarh (Raj.). 12. Bhagat Singh S/o Shri Chittar Lal Meena, Aged About 42 [2025:RJ-JP:6089] (2 of 5) [CW-5047/2023] Years, R/o Polyara, Deoli, Tonk, (Raj.),presently Posted At Chc Dooni, Deoli Block, Dirtrict Tonk (Raj.). 13. Dinesh Kumar Meena S/o Shri Ratiram Meena, Aged About 38 Years, R/o Village Devpura, Post Deoli, Tonk, (Rajasthan) Presently Posted At Phc Deowrawas Tonk (Rajasthan). 14. Madhubala Meghwal D/o Shri Bholulal Megwal W/o Shri Dinesh Kumar Meghwal, Aged About 37 Years, R/o K.r. 209/8 Mbs Parisar, Nayapura, Kota, (Raj.) Presently Posted At J.k. Loan Hospital Kota(Raj.). 15. Rekha Kumari D/o Shri Chhotu Lal W/o Shri Ravikant Meghwal, Aged About 38 Years, R/o 25, Pratap Nagar, Borkheda, Kota, (Raj.) Presently Posted At J.k. Loan Hospital Kota(Raj.). 16. Manoj Kumar Meena S/o Shri Rang Lal Meena, Aged About 38 Years, R/o 36, Netaji Ki Gali, Bardawada, Turkadiya, Jhalawar, (Raj.) Presently Posted At Gort. Sattelite Hospital Jhalrapatan Jhalawar, (Raj.). 17. Meenu Meena D/o Shri Khillu Ram Meena W/o Shri Inder Raj Meena, Aged About 38 Years, R/o 15, Chandan Vihar Haldhi Ghati Marg, Pratap Nagar, Sanganer, Jaipur, (Raj.) Presently Posted At Gangori Hospital, Jaipur,(Raj.). 18. Nirmal Kumar Mahawar S/o Shri Kajod Mal Mahawar, Aged About 42 Years, R/o 24, Prem Kunj, Ambedkar Colony, Tonk, (Raj.) Presently Posted At Dist. Saadat Hospital, Tonk(Raj.). 19. Ramcharan Mahawar S/o Shri Bhajan Lal Koli, Aged About 42 Years, R/o D-69 Swaraj Enclave, Borkheda, Kota, (Raj.) Presently Posted At J.k. Loan Hospital Kota(Raj.). 20. Heena Kosarwal D/o Shri Mohan Lal Kosarwal W/o Shri Rakesh Kumar Mehra, Aged About 36 Years, R/o Shrinathpuram, Kr30, Gad Colony, Engineering College, Kota, (Raj.) Presently Posted At New Hospital Medical College Kota(Raj.). 21. Santosh Meena D/o Shri Modilal Meena W/o Shri Dr. Omprakash Meena, Aged About 41 Years, R/o 155, Ganesh Nagar, Rawatbhata, (Raj.) Presently Posted At Sub District Hospital Rawatbhata, Chittorgarh (Raj.). ----Petitioners Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Secretariat, Jaipur. 2. The Director, Department Of Medical And Health, Directorate C-Scheme, Jaipur. 3. The Additional Director, (Administrative), Department Of Medical And Health. Directorate, C-Scheme, Jaipur. 4. Dwarka Prasad Agrawal S/o Shri Babulal Agrawal, Aged [2025:RJ-JP:6089] (3 of 5) [CW-5047/2023] About 43 Years, R/o 172/276, Sector 17, Pratap Nagar, Sanganer, Jaipur (Raj.). 5. Pushkar Raj Sabal S/o Ramdev Sabal, Aged About 41 Years, R/o 249, Shri Shiva Nagar- 4, Sikar Road, Jaipur (Raj.). 6. Vipin Singh Yadav S/o Shri Amar Singh Yadav, Aged About 37 Years, R/o A-195, Shivshakti Nagar, Model Town, Jaipur (Raj.). 7. Karam Chand Sharma S/o Shri Shambhu Dayal Sharma, Aged About 43 Years, R/o F-458, Gandhi Nagar, Jaipur (Raj.). 8. Mahaveer Singh S/o Shri Bhagwan Singh, Aged About 42 Years, R/o F-439, Gandhi Nagar, Jaipur (Raj.). 9. Hanuman Singh Kuri S/o Shri Bhagirath Mal, Aged About 42 Years, R/o F-104, Gandhinagar, Jaipur (Raj.). ----Respondents For Petitioner(s) : Mr. Sukhdev Singh Solanki For Respondent(s) : Mr. Archit Bohra, Addl. GC Mr. Akshit Gupta for Mr. Vigyan Shah, AAG Mr. Sukhraj Singh Rathore JUSTICE ANOOP KUMAR DHAND Order 11/02/2025 1. With the consent of counsel for the parties, the matter is taken up for final hearing. 2. Learned counsel for the petitioners submit that the petitioners were granted promotion to the post of Senior Nursing Officer way back in the year 2019, on the basis of their seniority. Counsels submit that after a lapse of more than five years, the impugned order has been passed by the respondents for conducting Review DPC. Counsels submit that the aforesaid order has been passed by the respondents without issuing any notice and without providing any opportunity of hearing to them. [2025:RJ-JP:6089] (4 of 5) [CW-5047/2023] Counsels submit that the aforesaid order has also been passed without determining the roster points and no reason was assigned for conducting any Review DPC, hence, under these circumstances, interference of this Court is warranted. 3. Per contra, counsel for the respondents opposed the arguments raised by counsel for the petitioners and submitted that the post of Nursing Superintendent I and II has been re- designated as per amendment in Rajasthan Medical and Health Subordinate Services Rules, 1965 and hence a decision was taken to conduct Review DPC. Counsels submit that the State has submitted its reply with the undertaking that no recovery would be effected from the petitioners or any aggrieved persons, in case their promotion order is challenged. Counsels submit that the petitioners would not be prejudiced and would not be deputed to any subordinate post. Counsels submit that in promotion matters, the roster points related to original recruitment are not applicable and the roster points are adjusted on the basis of the arisen vacancies. Counsels submit that under these circumstances, interference of this Court is warranted. 4. Considering the arguments raised by counsel for the rival sides and looking to the fact that prior to taking a decision, to conduct Review DPC neither any notice nor any opportunity was granted to the petitioners which has been resulted in violation of the principles of natural justice. Therefore, in the fitness of the facts and circumstances of the case, this Court deems it just and proper to dispose of this writ petition, granting liberty to the petitioners to submit a detailed comprehensive representation for redressal of their grievances before the State Authority. In case, [2025:RJ-JP:6089] (5 of 5) [CW-5047/2023] the petitioners submit a detailed comprehensive representation in the office of the respondents within a period of two weeks from today, it is expected from the State Authority to decide the same by passing a reasoned and speaking order expeditiously, preferably within a period of three weeks strictly in accordance with law, after affording due opportunity of hearing to the petitioners. 5. Stay application and other application (pending, if any) also stand disposed of. 6. Till disposal of the representation, the respondents are directed to maintain status quo with regard to the promotion exercise qua the petitioners. (ANOOP KUMAR DHAND),J Karan/260