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2025 DAILYLAW 36918 (RAJ)

ANITA KUMARI D/O BIRBAL SINGH W/O ARTMANYU v. THE STATE OF RAJASTHAN

CW/16890/2025 · 2025-11-06

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:44620] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16890/2025 1. Anita Kumari D/o Birbal Singh W/o Artmanyu, Aged About 40 Years, Resident Of Ab-438, Nirman Nagar, Mahaveer Marg, Brijlalpura, Jaipur-302019 (Raj.). 2. Sumitra Kumari D/o Ram Singh, Aged About 47 Years, Resident Of 16, Nandpuri, Jagatpura, Jaipur (Raj.). 3. Mamta Kumari Saini D/o Shri Prabhati Ram Saini, W/o Rajendra Saini, Aged About 41 Years, Resident Of 49, Laxmi Nagar, Netaji Ki Chakki, Niwaru Road, Jhotwara, Jaipur (Raj.). 4. Vijendar Kumar S/o Shri Satnaryan Saini, Aged About 45 Years, Resident Of Gugoji Ki Dhani, Ward No. 2, Chirawa, Jhunjhunu, (Raj.). 5. Sandesh Kumar S/o Shri Dalip Singh, Aged About 39 Years, Esident Of Gaon- Lakhu, Teh. Chirawa, Adooka, Jhunjhunu, (Raj.). 6. Koushailya Kumari D/o Shri Shishram, Aged About 40 Years, Resident Of Plot No. B-209, Shri Govind Nagar, Jhotwara, Jaipur (Raj.). 7. Anil Kumar Sharma S/o Shri Rampal Sharma, Aged About 57 Years, Resident Of Tathero Ka Mohalla, Tehsil-Nagaur, District- Nagaur, (Raj.). ----Petitioners Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Medial And Health And Family Welfare Department, Secretariat, Jaipur (Raj.) 2. The Director, Medical And Health Services, Directorate, Jaipur (Raj.) 3. The Additional Director, (Administration), Medical And Health Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.) 4. The Mission Director (Nhm), Directorate Of Medical, Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.) 5. The Additional Mission Director (Nhm), Directorate Of Medical, Health And Family Welfare Services, Swasthya [2025:RJ-JP:44620] (2 of 4) [CW-16890/2025] Bhawan, Tilak Marg, Jaipur (Raj.) 6. The Project Director (Nhm), Directorate Of Medical, Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.) 7. Chief Medical And Health Officer, Jaipur-I (Raj.) 8. Chief Medical And Health Officer, Jaipur-Ii (Raj.) 9. Chief Medical And Health Officer, Jhunjhunu, (Raj.) 10. Chief Medical And Health Officer, Pali, (Raj.) 11. Chief Medical And Health Officer, Nagaur, (Raj.) ----Respondents For Petitioner(s) : Mr. Praveen Sharma For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/11/2025 1. Instant writ petition is preferred by petitioners with following prayer: “It is, therefore, requested that Your Lordship would be pleased to accept and allow this writ petition issuing and by an appropriate writ, order or direction Quash and set aside the action of the respondents in reducing the number of posts of Nurse Grade-II (GNM) from 6172 to 3704, being arbitrary, (GNM) vide illegal and violative of Articles 14 and 16 of the Constitution of India and Direct the respondents to consider and fill up all 6172 posts of Nurse Grade-II advertisement dated 08.08.2007, including the remaining 2500 posts which were arbitrarily reduced; and Direct the respondents to consider the candidature of the petitioners, who are duly qualified and had participated in [2025:RJ-JP:44620] (3 of 4) [CW-16890/2025] counselling, for appointment against the posts of Nurse Grade-II and (GNM), strictly in accordance with law or may kindly be pleased to decide the writ petition in the light of case of D.B. Special Appeal (Writ) No. decided on 414/2019, titled as State of Raj. and Ors. Versus Suresh Kumar and Ors. decided on 15.09.2025 by Hon'ble Rajasthan High Court Jodhpur in the larger interest of justice. 2. Learned counsel for petitioners while referring and relying upon judgment dated 19.12.2018 in S.B. Civil Writ Petition No.14497/2017 Suresh Kumar & Ors. Vs. State of Rajasthan and Ors. submits that the controversy and the issue raised herein is already settled by a Co- ordinate Bench at Principal Seat, Jodhpur and judgment is approved by Hon’ble Division Bench in D.B. Special Appeal Writ No.414/2019 State of Rajasthan & Ors. Vs. Suresh Kumar & Ors. on 15.09.2025. He further submitted that instant writ petition be disposed of in accordance with judgment dated 19.12.2018 and affirmed on 15.09.2025. 3. Mr. Archit Bohra, AGC accepts notice for respondent(s). 4. Having considered the submissions of learned counsel for petitioners and also material placed on record, the writ petition may be disposed of in light of judgment dated 19.12.2018 in S.B. Civil Writ Petition No.14497/2017 and partly modified on dated 15.09.2025 in D.B. Special Appeal Writ No.414/2019 by Hon’ble Division Bench of this Court at Principal Seat, Jodhpur. 5. Considered the grievance raised herein, the petitioners are given a liberty to submit a representation to the [2025:RJ-JP:44620] (4 of 4) [CW-16890/2025] respondents-Authority within a 30 days raising all grounds and the respondents-Authority are directed to decide the representation in light of judgment referred hereinabove with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioners either by way of speed post or through E-mail, if petitioners have provided E-mail in their representation. If the petitioners are still aggrieved, they have liberty to approach this Court with fresh petition. 6. Needless to say that if petitioners are entitled for benefits in term of ratio as mentioned hereinabove, they be extended benefits at earliest. 7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /41