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2025 DAILYLAW 12805 (RAJ)

DR AMIT SHARMA S/O MAHESH CHAND SHARMA v. STATE OF RAJASTHAN

CW/4231/2025 · 2025-04-01

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. 4231/2025 1. Dr Amit Sharma S/o Mahesh Chand Sharma, Aged About 26 Years, R/o Boharan Ki Dhani, Kaluvas, Tehsil-Ramgarh, Pachwara, Distti. Dausa, Rajasthan- 303505 2. Dr. Ajay Kumar Saini S/o Braj Mohan Saini, Aged About 27 Years, R/o Digo Road Lalsot, Dausa, Rajasthan- 303503 3. Dr. Lokesh Kumar Sharma S/o Madan Lal Sharma, Aged About 26 Years, R/o Basra @ Bidarkha, Gangliawas, Dausa, Rajasthan 303510 4. Dr. Akshat Saxena S/o Shelendra Saxena, Aged About 26 Years, R/o Girraj Colony Near Rajakhera Bypass Dholpur 328001 5. Dr. Sachin Sharma S/o Santosh Kumar Sharma, Aged About 25 Years, R/o Nayavas, Rajakhera, Dholpur, Rajasthan, 328025 6. Dr. Himanshu Vaishnav So Sharwan Ram Swami, Aged About 27 Years, R/o Itawa Road Gachhipura Itawa Bamniya, Nagaur, Rajasthan 341504 7. Dr. Nisha Sharma D/o Radheyshyam Sharma, Aged About 29 Years, R/o Lichana Nagaur, Rajasthan 341533 8. Dr. Mohinish Kumar Dhaka S/o Suresh Kumar Dhaka, Aged About 29 Years, Resident Of Ward No. 40, Nawalgarh Road, Azad Nagar, Sikar 332001 ----Petitioners Versus 1. State Of Rajasthan, Through Principal Of Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat Jaipur. 2. The Director (Public Health), Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Jaipur. 3. The Director (Non-Gazetted), Medical, Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, Jaipur. (2 of 4) [CW-4231/2025] 4. The Chief Medical And Health Officer, Dausa. 5. The Chief Medical And Health Officer, Dholpur. 6. The Chief Medical And Health Officer, Nagaur. 7. The Chief Medical And Health Officer, Sikar. ----Respondents For Petitioner(s) : Mr. Sandeep Saxena with Mr. Bhuvnesh Tiwari For Respondent(s) : Mr. Archit Bohra, AGC JUSTICE ANOOP KUMAR DHAND Order 01/04/2025 1. By way of filing this writ petition, the following prayer has been made: “(i) this Hon’ble Court may kindly be pleased to call for the entire records related to the case and after examining the same be pleased to quash and set aside the inaction of the respondent and respondent may restrain to replace the petitioners from another set of urgent temporary basis persons and not discontinue the services of petitioners till availability vacancies of Medical Officer in the Respondent-Department and the respondents may further directed to extend the benefit of Rajasthan Contractual Hiring of Civil Posts Rules-2022 to the petitioners. (ii) Any other prejudicial order, if passed during the pendency of the appeal, the same may kindly be taken on record and after examining the same be quashed and set aside. (iii) Any other beneficial order or direction, which the Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favor of the petitioner.” 2. Counsel for the petitioners submits that by issuing the recruitment process, the respondents are going to terminate (3 of 4) [CW-4231/2025] the services of the petitioners. Counsel submits that several posts are lying vacant with the respondents, so a direction be granted in favour of the petitioners. Counsel submits that an identical petition bearing SB Civil Writ Petition No.12243/2024 was filed before this Court and the same has been disposed of by the Co-ordinate Bench of this Court giving liberty to the respondents to consider the case of the similarly situated persons against the available posts, in case, services of such persons are required till getting the regularly selected candidates. Counsel submits that in the instant petition also, same order be passed. 3. Per contra, learned counsel for the respondents-State opposed the arguments raised by the counsel for the petitioners and submitted that till date, services of the petitioners have not been discontinued and the petitioners have no right to continue on the contractual engagement. Counsel submits that till date, no adverse order has been passed against the petitioners, which gives them any cause of action to approach this Court at a premature stage, yet this petition has been preferred, hence, the same is liable to be rejected. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Considering the limited prayer made by the counsel for the petitioners, the instant writ petition stands disposed of granting liberty to the respondents to consider the case of the petitioners against the vacant posts (if any) in case, the (4 of 4) [CW-4231/2025] respondents desire to take the services of the petitioner, till regularly selected candidates are available to them. 6. The stay application and all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J KuD/350