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2025 DAILYLAW 12526 (RAJ)

MANJU AND ANR v. STATE OF RAJ AND ANR

CW/11243/2014 · 2025-03-17

Sameer Jain

body2025

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[2025:RJ-JP:11845] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11243/2014 1. Manju D/o Shri Mahendra Singh Meel, aged about 25 years, R/o Village Post Jhansal, Tehsil Bhadra, Distt. Hanumangarh (Raj.) 2. Priyanka D/o Shri Mahendra Singh Meel, aged about 23 years, R/o Village Post Jhansal, Tehsil Bhadra, Distt. Hanumangarh (Raj.) ----Petitioner Versus 1. The State of Rajasthan through Principal Secretary, Medical Education Department, Govt. Secretariat, Jaipur. 2. The Principal, Dr. Sampoornanand Ayurvigyan Medical College, Jodhpur. ----Respondents For Petitioner(s) : Mr. Vinod Goyal For Respondent(s) : Mr. Prakhar Jain for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 17/03/2025 1. Learned counsel for the petitioners has submitted that petitioners were appointed on the post of Senior Demonstrator by the State Government vide order dated 02.09.2014 on regular basis through regular mode of recruitment. 2. Subsequently, the petitioners approached respondent No.2 for joining on the said post, however, the respondent No.2 has declined the petitioners to join their duties without assigning any cogent reasons. [2025:RJ-JP:11845] (2 of 2) [CW-11243/2014] 3. Further, it is submitted that petitioners have filed various representation before the competent authority/ respondents, however, same is not considered. 4. Subsequently, it is apprised to the petitioners that their candidature was rejected on the ground that they are possessing two Year degree Course. In this regard, it is submitted that as per the provisions of Rajasthan Medical Service (Collegiate Branch) Rules, 1962, two Year degree is not debarred for being due consideration for appointment on the said post. Moreover, the petitioners have completed two Year degree course of Medical Microbiology from the recognized University, as per the UGC norms. Therefore, inaction of the respondents in debarring the petitioners from joining is arbitrary and dehors the provisions of law. 5. Considering the foregoing facts and circumstances of the case, this Court directs the petitioners to file a fresh representation before the competent authority/ respondent No.2 within a period of 15 days from the date of passing of this order, and same be considered by the respondent No.2 expeditiously, by way of a speaking order, strictly in accordance with law. 6. It is made clear that if the lis in question qua the petitioners still survive, then the petitioners are at liberty to avail appropriate remedy, in accordance with law. 7. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DEEPAK/351