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2025 DAILYLAW 39108 (RAJ)

MANOJ KUMAR SAIN S/O PRAHLAD SAHAY v. STATE OF RAJASTHAN

CW/15749/2025 · 2025-11-01

Ashok Kumar Jain

body2025

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[2025:RJ-JP:43825] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15749/2025 Manoj Kumar Sain S/o Prahlad Sahay, R/o 17 B Moti Nagar, Dhamun Road Kherda, Sawai Madhopur. ----Petitioner Versus 1. State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan). 2. Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan) 3. The Director, Medical, Health And Family Welfare Department, Tilak Marg, C-Scheme, Jaipur (Rajasthan). ----Respondents connected with S.B. Civil Writ Petition No. 16299/2025 Prakash Chand Sharma S/o Shri Shambhu Nath Sharma, R/o Naval Bihari Ji Ke Pichchhe- Karauli, Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan) 2. Secretary, Department Of Medical And Health, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan) 3. The Director, Medical, Health And Family-Welfare Department, Tilak Marg, C-Scheme, Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Mr. Dharmendra Jain with Mr. Arvind Kumar Arora For Respondent(s) : Mr. Archit Bohra, AGC with Mr. Prakhar Jain [2025:RJ-JP:43825] (2 of 3) [CW-15749/2025] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/11/2025 1. Both the writ petitions raises common question, hence they are tagged together. 2. At the request of learned counsel for the parties we are considering these writ petitions for final disposal at this stage only. 3. Learned counsel for petitioner while placing reliance upon judgment in case of Firoj Arif Vs. State of Rajasthan and Others (SB Civil Writ Petition No. 18268/2016) and connected matters decided by a Co-ordinate Bench of this Court on 21.03.2017 submits that the controversy raised herein is no more res integra as same is already decided by this Hon’ble Court. He further referred order dated 12.02.2014 in SB Civil Writ Petition Nos. 9583/2008, 9582/2008 and 9584/2008 decided by a Co-ordinate Bench at Principal Seat, Jodhpur and submits that the order as mentioned hereinabove is also approved by Hon’ble Division Bench of this Court at Principal Seat Jodhpur in State of Rajasthan Vs. Dr. Paritosh Ujjwal on 09.07.2025. 4. Learned counsel appearing on behalf of respondents submits that the writ petition may be disposed of in light of ratio laid down by this Hon’ble Court but a liberty is granted to the Department that in case there is any factual difference about applicability of aforesaid ratio then Department will consider the same. 5. Having considered aforesaid, these writ petitions are disposed of in terms of judgments in case of Firoj Arif Vs. State of Rajasthan (supra), Dr. Prem Singh (supra) and State of Rajasthan Vs. Dr. Paritosh Ujjwal (supra) but in case there is [2025:RJ-JP:43825] (3 of 3) [CW-15749/2025] any factual difference or exists any reason to deviate from the ratio, the respondents are at liberty to decide the same with a well-reasoned and speaking order under intimation to the petitioner. 6. With aforesaid, the S.B. Civil Writ Petition Nos. 15749/2025 and 16299/2025 stands disposed with pending application(s), if any. (ASHOK KUMAR JAIN),J MONU /363& 364-S