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2025 DAILYLAW 30841 (RAJ)

MAINKA KUMARI D/O BABU LAL v. THE STATE OF RAJASTHAN

CW/15295/2024 · 2025-02-21

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:8081] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15005/2024 Priyanka Daughter Of Shri Rajbir Wife Of Shri Mukesh Kumar, Aged About 29 Years, Resident Of Village Godaniya Tehsil Chirawa, District Jhunjhunu (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health And Family Welfare Department, Secretariat, Jaipur (Raj.) 2. Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.) 3. Additional Director, Non Gazzeted, Medical And Health Department, Swasthya Bahwan, Tilak Marg, Jaipur (Raj.) ----Respondents Connected With S.B. Civil Writ Petition No. 15091/2024 Rekha Kumari Dangi D/o Shri Shiv Narayan, Aged About 29 Years, R/o V/p- Umariya, Tehsil Aklera, District Jhalawar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Service, Government Of Rajasthan Secretariat, Jaipur, Rajasthan. 2. The Additional Director (Administration), Medical And Health Service, Rajasthan, Swasthya Bhawan, C-Scheme, Jaipur, Rajasthan. 3. The Director, State Institute Of Health And Family Welfis (Sihfw), Jhalana Institutional Area, Jhalana, Jaipur, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 15295/2024 Mainka Kumari D/o Babu Lal, Aged About 25 Years, R/o Jalberi, Post Dungari, Tehsil Chiltalwana, District Jalore, Rajasthan. ----Petitioner [2025:RJ-JP:8081] (2 of 3) [CW-15005/2024] Versus 1. The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur. 2. The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.) 3. The Director (Non-Gazette), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur ----Respondents S.B. Civil Writ Petition No. 15324/2024 Prameshwari D/o Babu Lal, Aged About 25 Years, R/o Padradi, Siwara, Chitalwana, District Jalore, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur. 2. The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.) 3. The Director (Non-Gazette), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur ----Respondents For Petitioner(s) : Mr. Sudesh Panwar, Adv. Mr. Akhilesh Pareek, Adv. Mr. Ram Pratap Saini, Adv. For Respondent(s) : Mr. Archit Bohra, AGC with Mr. Prakash Jain, Mr. Rahul Verma, Ms. Anjali Sharma, Adv. HON'BLE MR. JUSTICE SAMEER JAIN Judgment 21/02/2025 1. Learned counsel for the petitioners has relied upon the judgment enunciated in S.B. Civil Writ Petition No.14393/2024 titled as Hakimuddin Vs. State of Rajasthan [2025:RJ-JP:8081] (3 of 3) [CW-15005/2024] and Ors. and S.B. Civil Writ Petition No.1552/2020 titled as Sangeeta Mathews Vs. State of Rajasthan and Ors. 2. It is submitted that the present petitions and the lis herein is no more res-integra as the same is already adjudicated vide judgment passed in the light of Hakimuddin (supra) and Sangeeta Mathews (supra). 3. Counsel for the respondent Mr. Archit Bohra, AGC is unable to refute the aforementioned contentions. Howsoever, has submitted that against the judgment of Hakimuddin (supra), a special appeal is preferred before the Division Bench by the judgment debtors, which as on date is subjudice. 4. Accordingly, the present batch of petitions are allowed, in light of the judgment encapsulated in Hakimuddin (supra) and Sangeeta Mathews (supra). The present judgment be made applicable on mutatis mutandis basis on the petitions connected herein. Pending applications, if any, stand disposed. 5. A copy of this judgment be placed in the connected petitions. (SAMEER JAIN),J CHANDAN /34, 39, 49, 52