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2025 DAILYLAW 47697 (RAJ)

MOHAMMAD FARUK SHEKH SON OF MOHAMMAD YAKUB SHEKH v. STATE OF RAJASTHAN

CW/16862/2025 · 2025-11-13

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:46054] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16862/2025 Mohammad Faruk Shekh Son Of Mohammad Yakub Shekh, Aged About 43 Years, Resident Of Ward Number 27, Shekh Coloni, Chirana, Jhunjhunu-333303 (Raj.). ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Services (Group-Iii), Government Of Rajasthan. Secretariat, Jaipur-302005 (Raj.). 2. The Mission Director (Nhm), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur-302005 (Raj.). 3. The Additional Mission Director (Nhm), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur-302005 (Raj.). 4. The Project Director (Nhm), Directorate Of Medical Health And Family Welfare Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur-302005 (Raj.). 5. The Additional Director (Administration), Medical And Health Services (Rajasthan), Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur-302005 (Raj.). ----Respondents For Petitioner(s) : Mr. Tanveer Ahmad Mr. Iyliyas Khan For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/11/2025 1. Instant writ petition is preferred by petitioner with following prayer: “i) The respondents may kindly be directed to consider the candidature of the petitioner for appointment on the post of Nurse Grade-II [2025:RJ-JP:46054] (2 of 3) [CW-16862/2025] (GNM) against total 6172/6665 posts and if he stands in merit than appointment may kindly be given to him with all consequential benefits. (ii) Order/letter dated 08.10.2025 may kindly be quashed and set aside with all consequential benefits. (iii) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (iv) Cost of the writ petition may also be awarded in favour of the petitioner.” 2. Learned counsel for petitioner 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 and affirmed on 15.09.2025. 3. Mr. Archit Bohra, AGC accepts notice. Office is directed to reflect his name as counsel for respondents. 4. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition may be disposed of in light of judgment dated [2025:RJ-JP:46054] (3 of 3) [CW-16862/2025] 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 petitioner is given a liberty to submit a representation to the respondents-Authority within 30 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 decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E- mail in his representation. If the petitioner is still aggrieved, he has liberty to approach this Court with fresh petition. 6. Needless to say that, if petitioner is entitled, he be extended benefit as per ratio mentioned herein. 7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J MR/105