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2025 DAILYLAW 45495 (RAJ)

SURESH KUMAR S/O SHRI GOPICHAND DAILA v. THE STATE OF RAJASTHAN

CW/16176/2025 · 2025-10-16

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:42527] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16176/2025 1. Suresh Kumar S/o Shri Gopichand Daila, Aged About 45 Years, R/o Indira Colony Chirawa By Pass Road, Ward No. 13 Village Singhana Tehsil Buhana, Distt. Jhunjhunu (Rajasthan). 2. Surendra Singh S/o Shri Hoshiyar Singh, Aged About 44 Years, R/o Choudhary Colony Ward No. 2, Banwas, Post Singhana, Tehsil Buhana, Distt. Jhunjhunu (Raj.) 3. Prem Saini S/o Shri Moolchand Saini, Aged About 44 Years, R/o Ward No. 2, Village Dhaana, Post Khetri, Distt. Jhunjhunu (Raj.). ----Petitioners Versus 1. The State Of Rajasthan, Through The Secretary To The Government, Medical And Health Department, Secretariat, Jaipur (Rajasthan). 2. The Director, Medical And Health Services, Directorate, Jaipur (Rajasthan). 3. The Additional Director (Admn), Medical And Health Services Department, Rajasthan, Jaipur(Raj.). 4. The Mission Director(Nhm), Directorate Of Medical, Health And Family Welfare Services, Swasthay Bhawan, C- Scheme, Tilak Marg, Jaipur (Rajasthan) 5. The Additional Mission Director(Nhm), Directorate Of Medical, Health And Family Welfare Services, Swasthay Bhawan, C-Scheme, Tilak Marg, Jaipur (Rajasthan) 6. The Project Director(Nhm), Directorate Of Medical, Health And Family Welfare Services, Swasthay Bhawan, C- Scheme, Tilak Marg, Jaipur (Rajasthan) 7. The Chief Medical And Health Officer, Jhunjhunu District Jhunjhunu (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Mr. Archit Bohra, AGC [2025:RJ-JP:42527] (2 of 4) [CW-16176/2025] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/10/2025 1. Instant writ petition is preferred by petitioners with following prayer: “i) The impugned order dated 08.10.2025 & 09.10.2025 so far as relates to not allowing the Petitioners to participate in the selection process including document verification may kindly be quashed & set- aside and inaction of the respondents whereby the candidature of the Petitioners have not been considered against the posts lying vacant as determined by the respondents may kindly be held as illegal and arbitrary and further the respondents be directed to allow the Petitioners the participate in the selection process including document verification and give appointment to the Petitioners on the post of GNM in NRHM scheme in accordance with the directions issued by the Hon'ble Court. ii) Any other order which this Hon'ble Court deems fit in the facts and circumstances of the case may also 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 [2025:RJ-JP:42527] (3 of 4) [CW-16176/2025] 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. 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 provided E-mail in their representation. If the petitioners are still aggrieved, they have liberty to approach this Court with fresh petition. [2025:RJ-JP:42527] (4 of 4) [CW-16176/2025] 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/264 supp