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2025 DAILYLAW 40990 (RAJ)

RAJENDRA SAINI SON OF SHREE RAMGOPAL SAINI v. STATE OF RAJASTHAN

CW/16039/2025 · 2025-10-17

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:42722] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16039/2025 1. Rajendra Saini Son Of Shree Ramgopal Saini, Aged About 44 Years, Resident Of Near Government Hospital, Ward Number 3, Virat Nagar, Jaipur (Raj.) 2. Mohammed Yunus Son Of Abdul Sattar, Aged About 52 Years, Resident Of Dargah Hakim Sahab, Ward Number 39, Sikar (Raj.) 3. Mohammed Rafique Son Of Mohammed Ameen, Aged About 40 Years, Resident Of Mohalla Qureshiyan, Ward Number 39, Chand Kha Ki Dukaan, Sikar (Raj.) 4. Zahid Ali Son Of Abdul Rehman, Aged About 39 Years, Resident Of Ward Number 37, Mohalla Qureshiyan, Jatiya Bazar, Sikar (Raj.) 5. Mukesh Kumar Yadav Son Of Shree Rohitashav Yadav, Aged About 49 Years, Resident Of Kharkhara, Gadoj, Alwar-301701 6. Javed Ahmed Jatu Son Of Shree Anwar Ahmed Jatu, Aged About 41 Years, Resident Of Mohalla Gowio Ki Gali, Ward Number 40, Sikar (Raj.) ----Petitioners Versus 1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Services (Group-Iii), Government Of Rajasthan, Secretariat, Jaipur-302005 (Raj.) 2. The Mission Director (Nhm), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur-302005 (Raj.) 3. The Additional Mission Director (Nhm), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur-302005 (Raj.) 4. The Project Director (Nhm), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur-302005 (Raj.) 5. The Additional Director (Administration), Medical And Health Services (Rajasthan), Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur-302005 (Raj.) ----Respondents [2025:RJ-JP:42722] (2 of 4) [CW-16039/2025] For Petitioner(s) : Mr. Iliyas Khan For Respondent(s) : Mr. Prakhar Jain for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/10/2025 1. Instant writ petition is preferred by petitioners with following prayer: “(i) The respondents may kindly be directed to consider the candidature of the petitioners for appointment on the post of Nurse Grade-Il (GNM) against total 6172/6665 posts and if they stands in merit than appointment may kindly be given to them with all consequential benefits. (ii) That the present writ petition may kindly be disposed in terms of order dated 19.12.2018 passed in sbcw no. 14497/2018 titled as Suresh Kumar & ors vs State of Rajasthan & ors in the interest of justice. (iii) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners (iv) Cost of the writ petition may also 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 [2025:RJ-JP:42722] (3 of 4) [CW-16039/2025] No.14497/2017 Suresh Kumar and 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 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, Advocate on behalf of Mr. Archit Bohra, AGC accepts notice. 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 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 [2025:RJ-JP:42722] (4 of 4) [CW-16039/2025] 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 CHETNA BEHRANI /27