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2025 DAILYLAW 39373 (RAJ)

TARACHAND GOUTAM SON OF SHRI HUKAM CHAND GOUTAM v. STATE OF RAJASTHAN

CW/16168/2025 · 2025-10-16

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:42514] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16168/2025 1. Tarachand Goutam Son Of Shri Hukam Chand Goutam, Aged About 40 Years, R/o Of Tambe Ki Tori, Maralpur Gate Road, District Karoli (Raj.). 2. Abhilasha Yadav Wife Of Shri Vinod Kumar Yadav, Aged About 40 Years, R/o Village-Post Khatan Khera, District, Kotputali Behror, (Raj.). 3. Karun Singh Yadav Son Of Shri Hoshiyar Singh Yadav, Aged About 45 Years, R/o Village Garhi, Tehsil Mundawar, District Alwar, At Present District Kherthal Tijara, (Raj.). 4. Dinesh Kumar Sharma Son Of Shri Shiv Charan Sharma, Aged About 45 Years, R/o Old Nakoda Colony Oil Factory, Baran (Raj.). 5. Gagan Yadav Son Of Shri Harishankar Yadvendra, Aged About 43 Years, R/o Behind Shiv Oil, Deep Kunj, Ward No. 4, Gadiya Colony, Baran (Raj.). 6. Yogesh Kumar Gautam Son Of Shri Harimohan Gautam, Aged About 42 Years, R/o New Nakoda Colony, Baran (Raj.). ----Petitioners Versus 1. State Of Rajasthan, Through Its Principal Secretary, De- partment Of Medical And Health And Family Welfare De- partment, 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.) 6. The Project Director (Nhm), Directorate Of Medical, Health And Family Welfare Services, Swasthya Bhawan, [2025:RJ-JP:42514] (2 of 4) [CW-16168/2025] Tilak Marg, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/10/2025 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 and by issuing an appropriate writ, order or direction Quash and set aside the action of the respon- dents in reducing the number of posts of Nurse Grade-II (GNM) from 6172 to 3704, being arbitrary, 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 (GNM) as advertised vide advertisement dated 04.05.2007 and 08.08.2007, including the remaining 2500 posts which were arbitrarily re- duced, and Direct the respondents to consider the candidature of the petition- ers, who are duly qualified and had par- ticipated in counselling, for appointment against the posts of Nurse Grade-II (GNM), strictly in accordance with Plaw or may kindly be pleased to decide the writ petition in the light of case of D.B. [2025:RJ-JP:42514] (3 of 4) [CW-16168/2025] Special Appeal (Writ) No. 414/2019, ti- tled an State of Raj, and Ors. Versus Suresh Kumar and Ors. decided 15.09.2025 by Hon'ble Rajasthan High Court Jaodhpur in the larger Interest of justice. 11. Any other order direction which this Hon'ble Court deems fit and proper look- ing to the facts and circumstances may also kindly be passed in favour of the pe- titioners. iii. Cost of writ petition also may kindly be awarded in favour of petitioners.” 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 and Ors. Vs. State of Ra- jasthan 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 and Ors. Vs. Suresh Kumar and 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. Prakhar Jain on behalf of Mr. Archit Bohra, AGC accepts notice. He submits that the petition be disposed of on basis of aforementioned judgments. 4 In view of submission of the counsels, the writ petition may be disposed of in light of judgment dated 19.12.2018 in S.B. [2025:RJ-JP:42514] (4 of 4) [CW-16168/2025] 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 respon- dents-Authority within a period of 15 days and the respon- dents-Authority is directed to consider the representation in light of judgment referred hereinabove if sane is applicable in case of petitioner. In case of deviation, decided with a rea- soned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the or- der to the petitioners either by way of speed post or through E-mail, if petitioners have provided E-mail in their represen- tation. 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 MR/261 supp