MAMTA KUMARI SAINI D/O SH. PRABHATI RAM SAINI v. THE STATE OF RAJASTHAN
CW/16951/2025 · 2025-11-06
Sameer Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37137 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37137 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:44621] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16951/2025
1. Mamta Kumari Saini D/o Sh. Prabhati Ram Saini, R/o 49 Laxmi Nagar, Neta Ji Ki Chaki, Niwaru Road, Jhotwara, Jaipur, (Raj.).
2. Vijendar Kumar S/o Sh. Satynarayan Saini, R/o Gugoji Ki Dhani, Ward No. 02 Chirawa, Jhunjhunu, Currently Residing At P.no 28, Narayan Nagar Vistar, Benard Road, Dadi Ka Phatak, Jaipur, (Raj.).
3. Sandesh Kumar Yadav S/o Sh. Dalip Singh, R/o Gaon Lakhu, Tehsil Chirawa, Adooka, Jhunjhunu, (Raj.)
4. Anita Kumari D/o Sh. Birbal Singh, R/o Charanwas Shyampura Teshil, District Jhunjhunu, (Raj.)
5. Koushailya Kumari D/o Sh. Sheshram, R/o B 209, Shri Govind Nagar Ii, Niwaru Road, Jhotwara, Jaipur, (Raj.).
6. Dinesh Gurjar S/o Sh. Radheshyam, R/o 55, Pani Ki Tanki Ke Pass, Lakheri (Rural), Bundi, (Raj.)
7. Sumitra Kumari D/o Sh. Ram Singh, , R/o 16, Nandpuri, Jagatpura, Jaipur,(Raj.)
8. Sulochana Chaneja D/o Sh. Ramchandra, R/o Ward No. 53, Kailash Nagar Near Railway Hospital, Sikar, (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 Bhawan, Tilak Marg, Jaipur (Raj.)
[2025:RJ-JP:44621] (2 of 4) [CW-16951/2025]
6. The Project Director (Nhm), Directorate Of Medical, Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Nikhil Saini 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 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.
[2025:RJ-JP:44621] (3 of 4) [CW-16951/2025] 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 respondents-Authority within a period of 15 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
[2025:RJ-JP:44621] (4 of 4) [CW-16951/2025] period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order 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. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J GAURAV /297-S