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2025 DAILYLAW 47783 (RAJ)

AJEET SINGH SON OF SHRI DALIP SINGH v. THE STATE OF RAJASTHAN

CW/16307/2025 · 2025-10-27

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:43118] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16307/2025 1. Ajeet Singh Son Of Shri Dalip Singh, Aged About 46 Years, Resident Of Village Anantpura, Tehsil Behror, District Alwar, At Present District Alwar Behror (Raj.). 2. Ankit Kumar Shah Son Of Shri Kanti Lal Shah, Aged About 40 Years, Resident Of Jain Mohlla, Daduka, Banswara, (Raj.). 3. Arvind Singh Son Of Shri Bhanwar Singh, Aged About 44 Years, Resident Of Village Post Bikharniyan Kallan, Tehsil Degana, District Nagaur, (Raj.). 4. Mahendra Prasad Yadav Son Of Shri Madu Ram Yadav, Aged About 49 Years, Resident Of Ward No. 9, Dhani Siradhana Ki, Village Post Kakrana, District Jhunjhunu, (Raj.). ----Petitioners Versus 1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Medical 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 [2025:RJ-JP:43118] (2 of 4) [CW-16307/2025] For Petitioner(s) : Mr. Sunil Kumar Saini For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/10/2025 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 issuing and by 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, (GNM) vide 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 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 and (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. decided on 414/2019, titled as State of Raj. and Ors. Versus Suresh Kumar and Ors. decided on 15.09.2025 by [2025:RJ-JP:43118] (3 of 4) [CW-16307/2025] Hon'ble Rajasthan High Court Jaodhpur in the larger interest of justice. ii. Any other order or 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.” 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 and affirmed on 15.09.2025. 3. Mr. Archit Bohra, AGC accepts notice. 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 [2025:RJ-JP:43118] (4 of 4) [CW-16307/2025] 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. After passing 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 MR/164