[2025:RJ-JP:49753] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9067/2025 1. Virendra Singh Gaur S/o Shri Laxmi Narayan Gaur, Aged About 45 Years, Resident Of Village Barkheda Post Khairwal, Tehsil Dausa, District Dausa (Rajasthan) (Grn) Id No. 2213502. 2. Kamlesh Kumar Jangid S/o Shri Ramjilal Jangid, Aged About 38 Years, Resident Of Village And Post Deladi, Tehsil Basawa, District Dausa (Rajasthan). (Obc-Ncl) Id No. 2212674. 3. Rajesh Kumar Sharma S/o Shri Prabhudayal Sharma, Aged About 36 Years, Resident Of Village And Post Bilona Kala, Tehsil Lalsot, District Dausa (Rajasthan). (Gen) Id No. 2213382. ----Petitioners Versus 1. The State Of Rajasthan, Through Its Secretary, Medical And Health Department, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Additional Director (Administration), Medical And Health Services, Rajasthan, Jaipur. 3. The Director (Non-Gazetted), Medical And Health Services, Rajasthan, Jaipur. 4. The Chief Medical And Health Officer, Dausa (Raj.) ----Respondents For Petitioner(s) : Mr. Amitesh Rana Mr. Rapesh Kumar Saini For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/12/2025 1. This writ petition has been filed by the petitioners with the following prayer:- [2025:RJ-JP:49753] (2 of 3) [CW-9067/2025] “1. By appropriate writ, order or direction, Respondents may be directed to give appointment to the Petitioners on the post of Lab Assistant (Non TSP). 2. By an appropriate writ order or direction the respondents may kindly be directed to consider the experience certificate issued by the hospital to the petitioners and thereby award bonus marks to petitioners towards their experience certificates as per the guidelines. 3. By appropriate writ, order or direction, the respondents be directed to prepare fresh merit list of Lab Assistant by including the Petitioners without adopting the roster process 4. By appropriate writ, order or direction, the respondents be directed to fill up all advertised posts of Lab Assistant pursuant to the advertisement Annexure-1 and thereby petitioners may kindly be appointed on the post of Lab Assistant. 5. By appropriate writ, order or direction, the respondents be directed to issue waiting/reserve list of Lab Assistant pursuant to the advertisement Annexure-1.” 2. Learned counsel for petitioners while referring and relying upon judgment dated 09.09.2024 in D.B. Special Appeal No.862/2024 titled as State of Rajasthan and Ors. Vs. Bharti submits that the controversy and the issue raised herein is already settled by a Division Bench of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ [2025:RJ-JP:49753] (3 of 3) [CW-9067/2025] petition is disposed of in light of State of Rajasthan and Ors. Vs. Bharti (supra) passed by this Court. 4. 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 decide the representation in light of ratio laid down in case of State of Rajasthan and Ors. Vs. Bharti (supra), 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 a liberty to approach this Court with fresh petition. 5. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioners, then same benefits be extended. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /93