ALKA SHARMA D/O AJIT KUMAR SHARMA W/O DINESH KUMAR v. THE STATE OF RAJASTHAN
CW/17156/2025 · 2025-11-18
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39324 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39324 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:46355] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17156/2025 Alka Sharma D/o Ajit Kumar Sharma W/o Dinesh Kumar, Aged About 37 Years, R/o House No. A-7-8B, Navkar Nagar, Foysagar Road, Near Telephone Exchange Chauraha, Ajmer. ----Petitioner Versus
1. The State Of Rajasthan, Through Secretary, Ayurved, Yoga And Natural Medical, Unani, Siddha And Homeopathy (Ayush) Department, Secretariat, Rajasthan, Jaipur.
2. The Director, Ayurved Department, Ajmer.
3. The Deputy Secretary, Ayurved, Yoga And Natural Medical, Unani, Siddha And Homeopathy (Ayush) Department, Secretariat, Rajasthan, Jaipur. ----Respondents For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) : Mr. Vishnu Dutt Sharma for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 18/11/2025
1. Instant writ petition is preferred with following prayer:- i. By an appropriate writ petition, order and direction, the Impugned order dated 22.09.2024 may kindly be quashed and set aside to the extent of appellant. ii. By the respondents may kindly be directed to issue/operate the waiting list for the post of Ayurved Medical Officer under General Category candidate and fill up the remaining vacant posts for the post of Ayurved Medical Officer under General Category pursuant to advertisement No.2/2023 and
[2025:RJ-JP:46355] (2 of 3) [CW-17156/2025] corrigendum dated 24.07.2023 issued by the respondents will all consequent service benefits.
2. On 14.11.2025, learned AAG, Mr. Bhuwnesh Sharma has put in appearance on behalf of respondents.
3. The facts of the case indicate that present petitioner has preferred S.B. CWP No.3758/2024 before this Court and same was
disposed of after considering the judgment in case of Pawan Meena Vs. State of Rajasthan & Ors.: S.B. CWP No.1665/2024 (Order dated 02.02.2024) giving an opportunity to the petitioner to submit a representation with directions to respondents to consider the representation and pass appropriate
order strictly in accordance with law. The representation submitted by the petitioner was rejected by the respondents on 22.09.2024.
4. Present petitioner has also preferred S.B. Contempt Petition No.728/2024 on the ground that the respondents have committed contempt of the order passed by this Hon’ble Court and during pendency of the contempt petition, the petitioner has also filed on record an order dated 07.04.2025 issued by the respondents reflecting that 5 posts were remained vacant as 5 candidates have not joined in pursuant to appointment orders. The contempt petition was disposed by another Coordinate Bench on 10.10.2025
5. The petitioner is constrained to file instant writ petition before this Court and after considering the petition, this Court has
directed on 14.11.2024 to the respondents to place on record the correct fact regarding clear vacancy of 5 posts as selected and appointed candidates on said posts have not joined in pursuant to appointment orders issued by the respondents.
[2025:RJ-JP:46355] (3 of 3) [CW-17156/2025]
6.
Learned counsel appearing on behalf of respondents candidly admits that five candidates have not joined in pursuant to appointment orders issued by the Department and same is sufficient to consider the wait listed candidates out of the recruitment process, but strictly in accordance with merits for the category for which, the post remained vacant.
7. Considering aforesaid, the instant writ petition is disposed of with direction to the respondents to immediately call the list of wait listed candidates to fill-up the 5 vacant posts strictly in accordance with merits of the candidates and also for the category for which the post remained vacant.
8. With aforesaid, the writ petition is disposed of and needless to say that the order is required to be complied within a period of 60 days from date of receipt of copy of this order.
9. Misc. application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J GAURAV /01