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2025 DAILYLAW 45578 (RAJ)

DR. AMIT SHARMA S/O MAHESH CHAND SHARMA v. STATE OF RAJASTHAN

CW/17991/2025 · 2025-11-25

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:47803] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17991/2025 1. Dr. Amit Sharma S/o Mahesh Chand Sharma, Aged About 27 Years, R/o Kaluwas, Tehsil Rahuwas, District Dausa, Rajasthan- 303505. 2. Dr. Ajay Kumar Saini S/o Brajmohan Saini, Aged About 28 Years, R/o Digo Road, Lalsot, District Dausa, Rajasthan- 303503. 3. Dr. Mohan Bairwa S/o Ramesh Chand Bairwa, Aged About 34 Years, R/o Khohra Mulla, Bada Bujurg, District Dausa, Rajasthan- 322240. 4. Dr. Rajendra Prasad Gurjar S/o Ramsingh Gurjar, Aged About 33 Years, R/o Bad Bagichi Khatolai Ki Dhani, Bandikui Jageer (Rural), District Dausa, Rajasthan- 303313. 5. Dr. Lokesh Kumar Bairwa S/o Harshi Ram Bairwa, Aged About 29 Years, R/o Bhalpur, Post Office Manpur, District Dausa, Rajasthan- 303509. 6. Dr. Udav Soni S/o Yogesh Soni, Aged About 29 Years, R/o Plot No.7, Vyas Colony, Lalsot Road, District Dausa, Rajasthan- 303303. 7. Shahrukh Ahamd S/o Raies Ahamed, Aged About 32 Years, Ward No.13, High School Ke Peeche, Bandikui Jageer (Rural), District Dausa, Rajasthan- 303313. ----Petitioners Versus 1. State Of Rajasthan, Through Its Principal Secretary, Department Of Medical, Health And Family Welfare, Secretariat, Jaipur. 2. Director (Public And Health), Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, District Jaipur, Rajasthan. 3. Chief Medical And Health Officer, District Dausa, Rajasthan. ----Respondents For Petitioner(s) : Mr. Harendra Neel For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/11/2025 1. Instant writ petition is preferred by petitioners with following prayer: [2025:RJ-JP:47803] (2 of 3) [CW-17991/2025] “In these circumstances, it is, therefore, prayed that this Hon'ble Court may be pleased to accept this writ petition and: - (I) the impugned actions of respondent authorities of not adjusting the services of the petitioner on the post of Medical Officers (UBT) in the nearby Community Health Centers (CHCs), Primary Health Centers (PHCs) and other government hospitals in District Dausa may kindly be declared illegal and arbitrary and same may kindly be quashed and set aside; (II) The respondents may kindly be directed by issuing appropriate, writ, order or direction in the nature thereof: (a) to adjust the services of humble petitioners on the post of Medical Officers (UBT) in nearby other Community Health Centers (CHCs), Primary Health Centers (PHCs) and government hospitals in District Dausa with all consequential benefits; (b) not to treat any break in the services of humble petitioners on the post of Medical Officers (UBT) when they are posted in nearby Community Health Centers (CHCs), Primary Health Centers (PHCs) and other government hospitals in District Dausa; and Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the Petitioner.” 2. Learned counsel for petitioners while referring and relying upon judgment dated 15.10.2025 in S.B. Civil Writ Petition No. 20410/2025 “Dr. Shreeram Jhajhara & Ors. Vs. The [2025:RJ-JP:47803] (3 of 3) [CW-17991/2025] State of Rajasthan & Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Mr. Mr. Archit Bohra, AGC accepts notice for respondent(s). He accepts contention of learned counsel for petitioners. 4. Having considered the submissions of learned counsel for parties and also material placed on record, the writ petition is disposed of on same terms as directed in case of Dr. Shreeram Jhajhara (supra). The respondents are directed to consider the directions of said judgment qua present petitioners and exercise within a period of 30 days from the date of receipt of copy of the order. 5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /114