[2025:RJ-JP:34044] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S. B. Civil Writ Petition No. 12820/2025 Dr. Avtar Singh Dua S/o (Late) Dr. Sujan Singh Dua, Aged About 59 Years, Resident of 15, Paschim Vihar, Sirsi Road, Vaishali Nagar, Jaipur 302021. ----Petitioner Versus 1. State of Rajasthan, through the Secretary, Medical Education Department, Government of Rajasthan, Jaipur. 2. State of Rajasthan, through the Chief Secretary, Government of Rajasthan, Jaipur. 3. State of Rajasthan, through the Secretary, Department of Personnel, Government of Rajasthan, Jaipur. 4. The Commissioner, Directorate of Medical Education, Government of Rajasthan, Chikitsa Shiksha Bhawan, J.L.N. Marg, Jaipur- 302004. 5. The Registrar, Rajasthan University of Health Sciences, Sector-18, Kumbha Marg, Pratap Nagar, Jaipur- 302033. 6. The Secretary, National Medical Commission, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi- 110077. 7. Dr. Deepak Maheshwari, Presently Designated as Principal and Controller, SMS Medical College, Jaipur-302004. ----Respondents For Petitioner : Mr. Tushar Sharma Advocate, Ms. Surbhi Vyas Advocate and Mr. Nikhil Yadav Advocate. HON'BLE MR. JUSTICE ANAND SHARMA Judgment 27/08/2025 1. Petitioner has filed instant writ petition with following prayer: “In light of the facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to: [2025:RJ-JP:34044] (2 of 4) [CW-12820/2025] a) Issue an appropriate writ, order or direction in the nature of Certiorari or Mandamus, quashing and setting aside the appointment of Respondent. No. 7. Dr. Deepak Maheshwari, as Principal & Controller, SMS Medical College, Jaipur, made vide Order dated 14.10.2024, being illegal, arbitrary, void ab initio, and in blatant contravention of the Rajasthan Service Rules, 1951, the Rajasthan Medical Service (Collegiate Branch) Rules, 1962, and Articles 14 and 16 of the Constitution of India. b) Direct the Respondent authorities to issue appointment order of the next applicant/candidate recommended by the Selection Committee to the post of Principal & Controller, SMS Medical College, Jaipur and attached hospitals. c) Issue directions to the State of Rajasthan to frame and implement clear, binding guidelines governing withdrawal of resignation and reinstatement of government servants, so as to prevent arbitrary, mala fide or irregular re- appointments in violation of statutory rules. d) Direct the initiation of a high-level inquiry by an independent authority into the circumstances leading to the reinstatement and subsequent appointment of Respondent No. 7, fixing accountability on the officers/authorities responsible for any illegal, arbitrary, or mala fide actions. e) Direct the State Government to take consequential action, including initiation of departmental proceedings, against any official found complicit in such irregular appointments, in order to uphold the sanctity of public service and deter future violations. f) Direct publication of the final inquiry report in the public domain to ensure transparency and maintain public confidence in the integrity of government appointments. g) Pass such other and further order(s) or direction(s) as this Hon'ble Court may deem fit, just, and proper in the facts and circumstances of the case, in the interest of justice, equity, good governance, and rule of law.” 2. It is stated that the petitioner is holding the post of Senior Professor and was Head of Department of Preventive and Social Medicine, SMS Medical College, Jaipur. Pursuant to advertisement dated 14.06.2024, whereby, applications were invited for appointment on the post of Principal and Controller of Sawai Man Singh Medical College, Jaipur, the petitioner submitted his application form and also participated in the process of selection. [2025:RJ-JP:34044] (3 of 4) [CW-12820/2025] 3. Learned counsel for the petitioner submits that the petitioenr was not selected and appointed on the post of Principal Principal and Controller of SMS Medical College whereas such appointment has been given to Respondent No. 7. It is undisputed case of the petitioner that Respondent No. 7 was more meritorious than the petitioner and the petitioner is not challenging appointment of Respondent No. 7 questioning his better merit than the petitioner. 4. Only point raised by the petitioner, in order to challenge the appointment and selection of Respondent No. 7 is that on 21.10.2016, Respondent No. 7, who was holding the post of Professor, had tendered his resignation from the post. However, thereafter he filed an application for withdrawal of his resignation and application for withdrawal of resignation was allowed and Respondent No. 7 was reinstated in service by maintaining continuity in service. Learned counsel for the petitioner submits tht services of Respondent No. 7 ought to have been terminated in the year 2016 itself on account of his resignation and it is only due to his illegal continuation subsequently, the petitioner has suffered. Under such eventuality, Respondent No. 7 could not have participated in the selection process for the post of Principal Principal and Controller of SMS Medical College. 5. I have heard learned counsel for the petitioner and perused the record. 6. The petitioner has placed copy of letter dated 15.03.2018 in order to show that Respondent No. 7, although submitted resignation, was allowed to continue and his intervening service period was also regularised. It is not the case of the [2025:RJ-JP:34044] (4 of 4) [CW-12820/2025] petitioner that he was not aware of the facts with regard to earlier resignation and subsequent withdrawal thereof by Respondent No. 7. It is reflected from the contents of the writ petition that the petitioner has participated in the selection process for the post of Principal Principal and Controller of SMS Medical College after having knowledge of all such facts, yet only when he remained unsuccessful in the selection and appointment process of the post of Principal Principal and Controller of SMS Medical College, he is raising such objections with regard to resignation and withdrawal thereof by Respondent No. 7, which took place seven years back. 8. 8. In the light of aforesaid facts, where the petitioner has not disputed that Respondent No. 7 was more meritorious than him for the purpose of selection and appointment on the post of Principal Principal and Controller of SMS Medical College, he has got no locus to challenge the same on the grounds which are not at all related with the selection in question. Further, the petitioner has also got no locus, after expiry of seven years, to challenge the withdrawal of resignation by Respondent No. 7. 9. In view of above, writ petition filed by the petitioner is devoid of any substance and merit and the same is, hereby, dismissed. 10. Stay application also stands dismissed. (ANAND SHARMA),J MANOJ NARWANI /48