DR. ABDUL HAFIZ KHAN S/O SHRI ABDUL HAKIM KHAN v. STATE OF RAJASTHAN
WMAP/304/2025 · 2025-08-21
Sanjeet Purohit, Sanjeev Prakash Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21595 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21595 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:33121-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Writ Miscellaneous Application No. 304/2025 In D.B. Civil Writ Petition No.15131/2013 Dr. Abdul Hafiz Khan S/o Shri Abdul Hakim Khan, Aged About 39 Years, Habibiya Unani Devakhana Gehlot Road Mohalla Bahir Tonk (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Secretary To The Government Of Rajasthan Department Of Ayurved And Indian Medicines, Secretariat, Jaipur
2. Principal Secretary Department Of Personnel, Government Of Rajasthan Secretariat, Jaipur
3. Rajasthan Public Service Commissioner, Through Its Secretary, Ajmer
4. Dr. Arshad Ahmed Qureshi S/o Shri Asrar Qureshi, Aged About 34 Years, Qureshi Kutir, Near Old A.C.J.M Court, Newai District Tonk (Rajasthan)
5. Dr. Mohd. Imran Khan S/o Munshi Khan, Aged About 34 Years, Plot No. 10 Bismillah Colony, Jhotwara Jaipur (Rajasthan)
6. Dr. Rameez Ahmed Khan S/o Abdul Rashid Khan, Aged About 36 Years, Noor Colony Near Bapu Basti Nimbahera Dist. Chittorgarh (Rajasthan) ----Respondents Connected With D.B. Civil Writ Petition No. 10333/2013
1. Dr Abdul Hafiz Khan Son Of Shri Abdul Hakim Khan, Aged 27 Years, Resident Of Habibiya Unani Devakhana, Gehlot Road, Mohalla Bahir, Tonk, (Rajasthan)
2. Dr. Arshad Ahmed Qureshi Son Of Shri Asrar Ahmed Qureshi, Aged 25 years, Resident Of Qureshi Kutir, Near Old A.C.J.M. Court, Newai, District Tonk, (Rajasthan). 3. Dr. Mohd. Imran Khan Son Of Shri Mushi Khan, Aged 25 years, Resident Of Plot No.10, Bismillah Colony, Jhotwara, Jaipur (Rajasthan). 4. Dr. Rameez Ahmed Khan Son Of Shri Abdul Rashid Khan, Aged About 27 Years, Resident Of Noor Colony, Near Bapu Basti, Nimbahera District Chittorgarh (Rajasthan)
5. Dr. Heena Aftab Daughter of Shri Nisar Ahmed, aged about 26 years, Resident of House Near FCI Godown, Subhashpura, Bikaner (Rajasthan) ----Petitioner Versus
1. State Of Rajasthan Through Secretary To The Government Of Rajasthan, Department Of Ayurved And Indian Medicines,
[2025:RJ-JP:33121-DB] (2 of 3) [WMAP-304/2025] Secretariat, Jaipur (Rajasthan). 2. Principal Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur (Rajasthan)
3. Rajasthan Public Service Commission, Ajmer Through Its Secretary. ----Respondents For Petitioner(s) : Ms. Aradhana Swami For Respondent(s) : Mr. Jeetndra Kumar Sharma HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 21/08/2025
1. This is an application moved seeking recalling of the order dated 03.11.2017. Learned counsel for the applicant points out that while deciding the application, D.B. Civil Writ Petition No.10333/2013 was revived instead of the D.B. Civil Writ Petition No.15131/2013. 2.
Although, the review petition was filed in D.B. Civil Writ Petition No.15131/2013 in terms of the order passed by the Hon'ble Supreme Court dated 29.08.2016 in SLP No.14418/2016 which arose out of the final judgment and order dated 04.04.2016 passed in D.B. Civil Writ Petition No.15131/2013. 3. We have considered the submissions of the Hon'ble Supreme Court while deciding the S.L.P. (supra) made following observations:
"After some arguments, learned counsel for the petitioner prays to withdraw these special leave petitions for filing a review before the High Court to challenge the finding of facts that Petitioner did not have requisite
[2025:RJ-JP:33121-DB] (3 of 3) [WMAP-304/2025] qualification till the last date of application. The prayer is allowed. The Petitioner may approach the High Court. The special leave petitions are dismissed as withdrawn with the aforesaid liberty."
4. On the basis of the aforesaid order, the review application has been filed, therefore, it was the D.B. Civil Writ Petition No.15131/2013, which was required to be revived and the order dated 04.04.2016 should have been recalled, but it appears that while initially in the order dated 03.11.2017, but the order dated 04.04.2016 passed in D.B. Civil Writ Petition No.10333/2013 was recalled. It appears that on account of confusion of the date being same of both the disposal of D.B. Civil Writ Petition No.15131/2013 and D.B. Civil Writ Petition No.10333/2013, the anomaly has occurred, we accordingly make the appropriate corrections and recall the D.B. Civil Writ Petition No.15131/2013 instead of the order passed in the D.B. Civil Writ Petition No.10333/2013. 5. In view of the above, the D.B. Civil Writ Petition No.10333/2013 shall stand dismissed and any interim order passed therein would also stand vacated and the D.B. Civil Writ Petition 15131/2013 shall be revived and list the D.B. Civil Writ Petition 15131/2013 for adjudication and decision. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J GAURAV/AVINASH/473-474