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2025 DAILYLAW 46469 (RAJ)

SANTOSH KUMAR GUPTA SON OF SHRI HAJARI LAL GUPTA v. THE STATE OF RAJASTHAN

CW/16433/2025 · 2025-10-29

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:43338] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16433/2025 1. Santosh Kumar Gupta Son Of Shri Hajari Lal Gupta, Aged About 47 Years, Resident Of Village Dholeta, Tehsil Nadoti, District Karauli, (Raj.). 2. Kapil Kumar Mehta Son Of Shri Dinesh Kumar Mehta, Aged About 39 Years, Resident Of House No. 282, Shyampura, Shiv Colony, Banswara Rural, District Banswara, (Raj.). 3. Imran Khan Son Of Shri Sharif Khan, Aged About 46 Years, Resident Of Near Nala, Mandar Colony, Banswara Rural, District Banswara, (Raj.). 4. Irfan Ahmed Khan Pathan Son Of Shri Hafijulla Khan, Aged About 43 Years, Resident Of Village Nithauwa, Tehsil Sabla, District Dungarpur, (Raj.). 5. Ravi Sharma Son Of Shri Mohan Lal Sharma, Aged About 42 Years, Resident Of House No. 53, Near Vishvkarma E- Mitra, Banswara Road, Village Siyapur, Po Saliya, District Banswara, (Raj.). 6. Mohammada Tareek Khan Pathan Son Of Shri Abbas Khan Pathan, Aged About 41 Years, Resident Of N.x. 113 Road, Savniya, Padal Badi, Banswara, District Banswara, (Raj.). 7. Ravindra Pal Singh Chouhan Son Of Shri Shankar Singh Chouhan, Aged About 46 Years, Resident Of Village Odvadiya, Padoli Rathore, Ghatol, District Banswara (Raj.). 8. Manoj Kumar Sharma Son Of Shri Keshri Lal Sharma, Aged About 40 Years, Resident Of Village And Post Baman Baroda, Tehsil Gangapur City, District Swai Madhopur (Raj.). 9. Vinod Kumar Sharma Son Of Shri Madan Mohan Sharma, Aged About 49 Years, Resident Of Village Udai Khurd, Udai Kalan, Tehsil Gangapur City, District Swai Madhopur (Raj.). 10. Hemraj Gupta, Son Of Shri Vishnu Kumar Gupta, Aged About 45 Years, Resident Of T.d.k, Dr. Rangey Raghav Colony, Near Panchayat Samiti, Weir, District Bharatpur, (Raj.). [2025:RJ-JP:43338] (2 of 5) [CW-16433/2025] 11. Chatanya Prakash Sharma Son Of Shri Kedar Nath Sharma, Aged About 47 Years, Resident Of Near Nagaich Temple, Weir, District Bharatpur (Raj.). 12. Ummed Singh Son Of Shri Atar Singh, Aged About 43 Years, Resident Of House No. 230, Dandavala Mohalla, Village Harsoli, Tehsil Kot Kasim, District Alwar (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.) ----Respondents For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Mr. Archit Bohra, AGC with Ms. Sweekriti Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/10/2025 1. Instant writ petition is preferred by petitioners with following prayer: [2025:RJ-JP:43338] (3 of 5) [CW-16433/2025] “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 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 and Ors. decided on 15.09.2025 by Hon'ble Rajasthan High Court Jaodhpur in the larger interest of justice. ii. Any other order direction which this Hon'ble Court deems fit and proper looking to the facts and circumstances may also kindly be passed in favour of the petitioners. iii. Cost of writ petition also may kindly be awarded in favour of petitioners.” [2025:RJ-JP:43338] (4 of 5) [CW-16433/2025] 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, affirmed on 15.09.2025. 3. Mr. Archit Bohra, AGC accepts notice on behalf of the respondents-State. 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. [2025:RJ-JP:43338] (5 of 5) [CW-16433/2025] After passing the order, the respondents are under an obligation to communicate the decision 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 MR/127 supp