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2025 DAILYLAW 44340 (RAJ)

SANTOSH KUMAR SHARMA SON OF SHRI RAM AVTAR SHARMA SHARMA v. THE STATE OF RAJASTHAN

CW/18853/2025 · 2025-12-03

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:49239] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18853/2025 1. Santosh Kumar Sharma Son Of Shri Ram Avtar Sharma Sharma, Aged About 47 Years, Resident Of Village Gopalgarh, Tehsil Pahari, District Bharatpur, (Raj.) 2. Lalit Kumar Patidar Son Of Shri Prabhu Lal Patidar, Aged About 39 Years, Resident Of 115, Dibra Bara, Diwda, Bada, Sagwara, Dungarpur, (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.) 6. The Project Director (Nhm), Directorate Of Medical, Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.) 7. Chief Medical And Health Officer, Bharatpur (Raj.) 8. Chief Medical And Health Officer, Dungarpur (Raj.) ----Respondents For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order [2025:RJ-JP:49239] (2 of 4) [CW-18853/2025] 03/12/2025 1. Instant writ petition is preferred by petitioners with following prayer: “i. It is, therefore, requested that Your Lordship would be pleased to accept and allow petition and by issuing an this 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, 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 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 (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. 414/2019, titled as State of Raj. and Ors. Versus Suresh Kumar decided on and Ors. 15.09.2025 by Hon'ble Rajasthan High Court Jaodhpur in the larger interest of justice. ii. other Any order or direction which this Hon'ble Court deems fit and proper looking to the facts and circumstances [2025:RJ-JP:49239] (3 of 4) [CW-18853/2025] may also kindly be passed in favour of the 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 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. Archit Bohra, AGC accepts notice. Office is directed to reflect his name. 4. Having considered the submissions of learned counsel for parties and also material placed on record, the writ petition may be disposed 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 the 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 30 days raising all grounds and the respondents-Authority are directed to consider and decide the representation in light of judgment [2025:RJ-JP:49239] (4 of 4) [CW-18853/2025] 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 but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, 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 PREETI VALECHA /27