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2025 DAILYLAW 12174 (RAJ)

DR. SHASHI BHUSHAN SHARMA SON OF SHRI DEVENDRA KUMAR SHARMA v. STATE OF RAJASTHAN

CW/3991/2025 · 2025-03-25

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3991/2025 Dr. Shashi bhushan sharma son of shri devendra kumar sharma, aged about 46 years, resident of c-1, gangwal park, doctors quarter, JLN marg, jaipur. Presently Working As Assistant Professor, General Medicine, Sms Hospital, Jaipur. ----Petitioner Versus State Of Rajasthan, Through The Additional Chief Secretary, Medical Education, Government Secretariat, Jaipur. ----Respondent For Petitioner(s) : Mr. Amit Mathur For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 25/03/2025 1. By way of filing instant petition, a prayer has been made for issuing directions to the respondents to promote the petitioner on the post of Associate Professor, General Medicine w.e.f. 01.04.2024, when the persons junior to the petitioner have been promoted. 2. Admittedly, the petitioner has alternative statutory remedy of filing appeal before the Rajasthan Civil Services Appellate Tribunal (for short ‘the Tribunal’), but without filing any appeal before the Tribunal, the petitioner has straightaway approached this Court by way of filing the instant writ petition. (2 of 2) [CW-3991/2025] 3. It is settled proposition of law that whenever alternative remedy is available to a person, he cannot be allowed to bypass the jurisdiction of said Authority. 4. In view of the above, the instant petition stands disposed of granting liberty to the petitioner to file appeal before the Tribunal. 5. In case, any appeal is submitted by the petitioner before the Tribunal within a period of one month from today, it is expected from the Tribunal to decide the same expeditiously as early as possible, strictly in accordance with law, after affording due opportunity of hearing to all the respective parties. 6. Stay application and all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J KuD/18