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2025 DAILYLAW 46160 (RAJ)

MANISH KUMAR DARJEE SON OF SANWAR MAL v. THE STATE OF RAJASTHAN

CW/17405/2025 · 2025-11-14

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:46038] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17405/2025 1. Manish Kumar Darjee Son Of Sanwar Mal, Aged About 42 Years, Resident Of Near Old Shyam Temple, P.o. Ratangarh, District Churu (Raj.). 2. Roshan Lal Son Of Dharam Pal, Aged About 42 Years, Resident Of 00, Chhani Bari, Hanumangarh (Raj.). 3. Vrijendra Kumar Sharma Son Of Badri Lal Sharma, Aged About 51 Years, Resident Of Vpo Nadoti, District Karauli (Raj.). 4. Madan Mohan Sharma Son Of Vishambhar Dayal, Aged About 47 Years, Resident Of Ward No. 4, Upal Patti, Chandpura, Dhaulpur (Raj.). 5. Yogesh Kumar Goyal Son Of Shiv Charan Gupta, Aged About 45 Years, Resident Of 00, Seva Singh Ki Gali Karauli, Sabji Mandi,322241 (Raj.). 6. Manoj Kumar Son Of Bhim Singh, Aged About 46 Years, Resident Of Darji Pada, Bayana, Bharatpur (Raj.). 7. Balveer Singh Son Of Bhanwar Singh, Aged About 48 Years, Resident Of Rajput Mohalla, Nadoti, Karauli (Raj.). 8. Mahesh Nagar Son Of Pushp Dayal, Aged About 40 Years, Resident Of Kuradiya, Khurd, Kota (Raj.) 9. Raj Kumar Jangid Son Of Kailash Chand, Aged About 44 Years, Resident Of Gangapura Road, Nadoti, Karauli (Raj.). 10. Lokesh Kumar Sharma Son Of Rameshwar Prasad Sharma, Aged About 45 Years, Resident Of Meena Colony,behind Sub-Jail, Sawai Madhopur(Raj.). 11. Gireesh Sharma Son Of Jagdish Prasad Sharma, Aged About 51 Years, Resident Of Plot No. 21, Jawahar Nagar Gulab Bagh, Factory Road, Arya Samaj Mandir Ke Paas, Sawai Madhopur (Raj.). 12. Bal Krishan Sharma Son Of Bjarang Lal Sharma, Aged About 50 Years, Resident Of Ward 33, Ganesh Mile, Udea Mode,gangapur City,s.madhopur (Raj.). ----Petitioners Versus [2025:RJ-JP:46038] (2 of 4) [CW-17405/2025] 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.) ----Respondents For Petitioner(s) : Mr. Abhinav Gupta For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/11/2025 1. Instant writ petition is preferred by petitioners with following prayer: “It is, therefore, requested that Your Lordship would be pleased to accept and allow this writ petition and by issuing an 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 [2025:RJ-JP:46038] (3 of 4) [CW-17405/2025] Constitution of India and Direct the respondents to consider and fill up all 6172 posts of Nurse Grade-II (GNM) as advertised vide advertisement dated 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 Plaw 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 an State of Raj, and Ors. Versus Suresh Kumar and Ors. decided 15.09.2025 by Hon'ble Rajasthan High Court Jaodhpur in the larger Interest of justice. 2. Learned counsel for petitioners while referring and relying upon judgment dated 19.12.2018 in S.B. Civil Writ Petition No.14497/2017 titled as Suresh Kumar & 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. [2025:RJ-JP:46038] (4 of 4) [CW-17405/2025] 3. Mr. Archit Bohra, AGC accepts notice. He submits that the petition be disposed of on basis of aforementioned judgments. 4. In view of submission of the counsels, 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 30 days and the respondents- Authority is directed to consider the representation in light of judgment referred hereinabove, if same is applicable in case of petitioners. In case of deviation, decide the representation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After 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. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /107