HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10990/2023 1. Bhagwan Sahay Meena S/o Sh. Ram Phool Meena, aged about 40 Years, R/o Village and Post-Nahar Khoharra, Tehsil- Sikrai, District- Dausa (Raj.) 2. Om Prakash Bairwa S/o Sh. Devi Lal, aged about 44 Years, R/o Quarter No. 2, YN Hospital Campus, Kishangarh, Ajmer (Raj.) 3. Manohar Lal S/o Sh. Hukmichand, aged about 37 Years, R/o Ward No. 16, Raigar Mohalla, Surajgarh, Jhunjhunu (Raj. 4. Rajesh Kumar Meena S/o Sh. Ram Dayal Meena, aged about 37 Years, R/o Village And Post-Langra, District- Karauli (Raj. 5. Mahendra Kumar Parmar S/o Sh. Poma Ram Parmar, aged about 38 Years, R/o Ashapura Mohalla, Mundara, Tehsil- Bali, District- Pali (Raj.) 6. Shankar Lal Meena S/o Sh. Ram Sahay Meena, aged about 41 Years, R/o Village- Badiyawala, Post- Indragarh, Jamwaramgarh, Jaipur (Raj.) 7. Banwari Lal Meena S/o Sh. Panchu Ram, aged about 38 Years, R/o 16, Meena Colony, Gangapol, Jaipur (Raj.) 8. Shashikant Rai S/o Sh. Chhitar Mal Bunkar, aged about 38 Years, R/o Bunkar Mohalla, Divrala, Sikar (Raj.) 9. Jugraj Meena S/o Sh. Prabhu Lal Meena, aged about 39 Years, R/o Khatiyon Ki Gali, Parpati, Jhalawar (Raj.) 10. Pramod Kumar S/o Sh. Malkit Singh, aged about 39 Years, R/o Shakti Vihar Colony, Ward No. 33, Behror, District- Alwar (Raj.) 11. Manoj Kumar Mehar S/o Sh. Ghanshyam Mehar, aged about 37 Years, R/o G-12, New Nakoda Colony, Baran (Raj.) 12. Vidhiya Kumari D/o Sh. Bahadur Bairwa, aged about 38 Years, R/o H-37-A, Kirti Sagar N-Block, Bharat Mata Circle, Mansarovar, Jaipur (Raj.) 13. Kalu Ram Bheel S/o Sh. Chhitar Mal, aged about 47 Years, R/o A-29, Jaipur Road, Behind New Rpsc Office, Ajmer (Raj.) (2 of 8) [CW-10990/2023] 14. Chetan Prakash Meena S/o Sh. Jagannath Singh, aged about 42 Years, R/o Village And Post- Dhunwala, Tehsil- Jahazpur, District- Bhilwara (Raj.) 15. Sultana Ram S/o Sh. Kera Ram, aged about 42 Years, R/o Village And Post- Dhanari Kala, Tehsil- Baori, District- Dholpur (Raj.) 16. Rajendra Kumar Meena S/o Sh. Surendra Kumar, aged about 49 Years, R/o Juwarawa Paliya, Post- Patiyan, Tehsil- Kherwara, District- Udaipur (Raj.) 17. Ghanshyam Meena S/o Sh. Parsadi Lal, aged about 50 Years, R/o Village- Gurjar Gavda, Post- Gavda Meena, Tehsil- Hindaun City, Karauli (Raj.) 18. Ramkesh Meena S/o Sh. Ram Chandra, aged about 51 Years, R/o Village And Teshil- Todabhim, District- Karauli (Raj.) 19. Durgesh Mobarsa S/o Sh. Mangi Lal, aged about 37 Years, R/o Village And Post- Dhanla, Tehsil- Marwar Junction, District- Pali (Raj.) 20. Rajendra Meena S/o Sh. Ram Karan Meena, aged about 44 Years, R/o 65, Arjun Nagar South, Gopalpura, Jaipur (Raj.) 21. Rajesh Kumar Meena S/o Sh. Manori Lal Meena, aged about 40 Years, R/o Village And Post Town Shahar, Tehsil- Nadoti, District- Karauli (Raj.) 22. Meena Kumari Meena W/o Hari Mohan Meena, aged about 42 Years, R/o Hanumanji Ke Samne Wali Gali, Indira Colony, Nainwa Road, Bundi (Raj.) 23. Mamta Meena W/o Dinesh Kumar, Aged About 38 Years, R/o 18. Adarsh Nagar, Bundi Road, Kota (Raj.) 24. Jeevan Panwar S/o Sh. Kasu Ram, Aged About 43 Years, R/o Plot No. 47, Ram Bag Scheme, Opposite Railway Station, Mahamandir, Jodhpur. 25. Rekha Kumari D/o Chhitar Lal, Aged About 42 Years, R/o 4/2, Medical College, Campus, Kota (Raj.) 26. Leena Kharadi D/o Sh. Roop Singh, Aged About 40 Years, R/o Ward No. 15, Lendiya Fala Kalkhanda, Tehsil- Dowda, District- Dungarpur (Raj.) 27. Rajesh Kumar Meena S/o Sh. Amar Singh Meena, Aged (3 of 8) [CW-10990/2023] About 40 Years, R/o E-272, Ambedkar Nagar, Alwar (Raj.) 28. Indira Meena W/o Sh. Banshi Lal, Aged About 40 Years, R/o Ward No. 9, Limda Falan, Rohanwada, Dungarpur (Raj.) 29. Rajesh Kumar Meena S/o Sh. Ram Lal Meena, Aged About 38 Years, R/o Mandir Wali Gali, Net, Bundi (Raj.) 30. Dharmveer Chouhan S/o Sh. Mangi Lal, Aged About 41 Years, R/o Mandir Wala Mohalla, Bhadwasihya, Jodhpur (Raj.) 31. Mukeshi Bai Meena W/o Sh. Vishram Meena, Aged About 42 Years, R/o Village- Hazipur Khudiyana, Tehsil- Laxmangarh, District- Alwar (Raj.) 32. Rajesh Kumar Meena S/o Sh. Prbhu Lal Meena, Aged About 39 Years, R/o Village- Jalampura, Tehsil- Jahazpur, District- Bhilwara (Raj.) 33. Hemraj Meena S/o Sh. Raghunath Meena, Aged About 40 Years, R/o Meena Basti, Kheda Ki Jhupadi, Tehsil- Sapotra, District- Karauli (Raj.) 34. Bhagwati Dendor W/o Sh. Yogesh Ahari, Aged About 40 Years, R/o C-80, Shastri Colony, Dungarpur (Raj.) 35. Fool Singh Meena S/o Sh. Jeevan Lal Meena, Aged About 40 Years, R/o Village- Surari Kalan, Tehsil- Sarmathura, District- Dholpur (Raj.) 36. Manphool Meena S/o Sh. Gyarsi Lal Meena, Aged About 40 Years, R/o Quarter No. 10, Shahdat Hospital Staff Colony, Tonk (Raj.) 37. Shanti Lal Khatik S/o Sh. Gulab Chand Khatik, Aged About 40 Years, R/o Bihari Pol Ke Pass, Naya Shahar, Kishangarh, Ajmer (Raj.) 38. Lachhu Kumari Meena D/o Sh. Madhu Lal, Aged About 39 Years, R/o Ward No. 28, Sindhi Basti, Dungarpur (Raj.) 39. Premlata D/o Late Sh. Ram Swaroop, Aged About 38 Years, R/o Quarter No. 2, Jk Lon Hospital, Jaipur (Raj.) 40. Piyush Kumar Katara S/o Sh. Bhagwan Lal, Aged About 39 Years, R/o Mukam Post- Mathugamda (Khas), Nalfla Relda, Tehsil- And, District- Dungarpur (Raj.) 41. Krishna Chandra Chhaliya S/o Sh. Mohan Lal, Aged About 52 Years, R/o 53, Nirmal Nagar Extension, Boyatawala, (4 of 8) [CW-10990/2023] Benar Road, Jaipur (Raj.) 42. Om Prakash Kurdia S/o Sh. Bhanwar Lal, Aged About 37 Years, R/o 55, Thakkar Bapa Colony, Outside Surajpol, Udaipur (Raj.) 43. Banshi Lal Roat S/o Sh. Kalyan Roat, Aged About 38 Years, R/o Nava Tapra, Post- Selaj, Antri, Dungarpur (Raj.) 44. Jagdish Chandra S/o Sh. Dheera Ram, Aged About 39 Years, R/o Anandpur Kalu, Jaitaran, Pali (Raj.) 45. Raju Meena S/o Sh. Phool Chand, Aged About 39 Years, R/o 2A Prem Colony, Avinash Bhawan, Devpura, Bundi (Raj.) 46. Sarita Meena W/o Sh. Krishna Kumar Roat, Aged About 40 Years, R/o Village- Gokulpura, Post- Bildi, Dungarpur (Raj.) 47. Devendra Kumar Bairwa S/o Sh. Hardayal Bairwa, Aged About 38 Years, R/o Police Line Ke Pass, Jaipur Road, Khoja Bawadi, Tonk (Raj.) 48. Yad Ram Meena S/o Sh. Keshar Lal Meena, Aged About 40 Years, R/o Village- Ratanpura, Post- Gangithala, Tehsil- Jahazpur, District- Bhilwara (Raj.) 49. Jaswant Salvi D/o Sh. Madhav Salvi, Aged About 38 Years, R/o 1/1970, Nimuch Road, Devali, Udaipur (Raj.) 50. Vijay Singh Meena S/o Sh. Ghisa Ram Meena, Aged About 36 Years, R/o Village And Post- Bhaiseena, Tehsil- Bhusawar, District- Bharatpur (Raj.) 51. Bheem Chand Nanoma S/o Sh. Somji Nanoma, Aged About 51 Years, R/o Ward No. 3, Khajuriya, Post- Raghunathpura, District- Dungarpur (Raj.) 52. Birendra Kumar S/o Late Sh. Chote Lal Meena, Aged About 41 Years, R/o Johda Upper Meena Padi, Alwar (Raj.) 53. Hemlata D/o Sh. Shiv Singh Rawal, Aged About 37 Years, R/o L Block 373, Indira Gandhi Nagar, Sec. 14, Udaipur (Raj.) 54. Saroj Kurdiya D/o Sh. Hari Prasad, Aged About 38 Years, R/o 36, Govind Puri-B, Sodala, Jaipur (Raj.) 55. Narpat Chouhan S/o Sh. Rameshwar Lal, Aged About 38 (5 of 8) [CW-10990/2023] Years, R/o Panghat Road, Tehsil- Pachpadra, Balotra, Barmer (Raj.) 56. Ramesh Chandra Roat S/o Sh. Jawahar Lal, Aged About 38 Years, R/o Plot No. 180, Vasundhara Vihar, Dungarpur (Raj.) 57. Bhura Lal Ninama S/o Sh. Khatu Ninama, Aged About 43 Years, R/o Village- Mangliya Daira, Post- Karji, Tehsil- Bagidora, District- Banswara (Raj.) 58. Kalpana Verma W/o Sh. Pawan Kumar, Aged About 37 Years, R/o 1291-B, Shrinathpuram, Kota (Raj.) 59. Ajay Singh Meena S/o Sh. Prahlad Meena, Aged About 40 Years, R/o 72, Shri Nath Enclave, Kota (Raj.) 60. Aruna Verma D/o Sh. Gori Shankar Verma, Aged About 44 Years, R/o 321, Keshavpura, Sector-4, Kota (Raj.) 61. Jitendra Meghwal S/o Sh. Manna Lal, Aged About 40 Years, R/o 59, Adarsh Nagar, Bundi Road, Kota (Raj.) 62. Rajendra Chouhan S/o Sh. Hanuman Chouhan, Aged About 43 Years, R/o 6/165, Mukta Prasad Nagar, Bikaner (Raj.) 63. Radheshyam Solanki S/o Sh. Vakta Ram, Aged About 37 Years, R/o Mahilawas, Sivana, District- Barmer (Raj.) 64. Vijay Kumar Meena S/o Sh. Prabhu Dayal Meena, Aged About 39 Years, R/o Village And Post- Bugala, Tehsil- Nawalgarh, District- Jhunjhunu (Raj.) 65. Satish Meena S/o Sh. Laxmi Chand Meena, Aged About 37 Years, R/o 495, Ganesh Nagar, Dausa (Raj.) 66. Santosh Kumar S/o Sh. Mangi Lal, Aged About 37 Years, R/o Nayakon Ka Bass, Hamirvas, Manda, Pali (Raj.) 67. Yashoda Geenger D/o Sh. Tulsi Ram, Aged About 38 Years, R/o B-19, Uit Quarter, Panchsheel Nagar, Ajmer (Raj.) 68. Kailash Kumar S/o Sh. Mohan Lal, Aged About 38 Years, R/o Hemawas, Pali (Raj.) 69. Vijay Kumar Meena S/o Sh. Puran Mal Meena, Aged About 38 Years, R/o Village And Post- Khatehpura, Tehsil And District- Jhunjhunu (Raj.) 70. Jitendra Kumar Meena S/o Sh. Mahendra Singh Meena, Aged About 40 Years, R/o Village And Post- Mandawar, (6 of 8) [CW-10990/2023] Tehsil- Mandawar, District- Dausa (Raj.) ----Petitioners Versus 1. State of Rajasthan, through The Additional Chief Secretary, Department of Medical Health and Family Welfare, Govt. Secretariat, Jaipur. 2. Director, Medical Health Department, Govt. of Rajasthan, Swasthya Bhawan, C-Scheme, Jaipur. 3. Director (Non-Gazetted), Department of Medical and Health Services, Govt. of Rajasthan, Swasthya Bhawan, C-Scheme, Jaipur. ----Respondents For Petitioner(s) : Mr. Akhil Simlote, Mr. Diskhant Jain and Mr. Ashvini Raj Tanwar For Respondent(s) : Mr. Archit Bohra-AGC, Mr. Akshit Gupta, Ms. Pragya Seth, Mr. Nakul Bansal and Mr. Shreyansh Dhariwal 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 2018, 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 (7 of 8) [CW-10990/2023] and without providing any opportunity of hearing to them. 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 oppose the arguments raised by counsel for the petitioners and submit 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 (8 of 8) [CW-10990/2023] redressal of their grievances before the State Authority. In case, 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 Ashu/261