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2025 DAILYLAW 48465 (RAJ)

RAM DAYAL KUMHAR S/O ANNA RAM KUMHAR v. THE STATE OF RAJASTHAN

CW/18227/2025 · 2025-11-25

Ashok Kumar Jain

body2025

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[2025:RJ-JP:47782] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18227/2025 1. Ram Dayal Kumhar S/o Anna Ram Kumhar, Aged About 34 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 2. Om Prakash S/o Ram Narayan, Aged About 28 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 3. Vijay Shree Chimpa W/o Tulsi Ram Chhimpa, Aged About 36 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 4. Yogesh Badgujar S/o Shiv Kumar, Aged About 30 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 5. Sher Singh Bhati S/o Roop Singh Bhati, Aged About 31 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 6. Sanjay Giri S/o Jaypal Giri, Aged About 30 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 7. Slamudeen S/o Haji Chand Mohd, Aged About 32 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 8. Mansoor Hussain Usta S/o Mumtaj Hussain Usta, Aged About 29 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 9. Vasim Akram S/o Mohd Naseem Sulemani, Aged About 31 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 10. Raisudeen Rathore S/o Akbar Ali, Aged About 26 Years, Present Working As Nursing Officer At Sardar Patel [2025:RJ-JP:47782] (2 of 6) [CW-18227/2025] Medical College And Associated Group Of Hospital Bikaner (Raj.). 11. Riyaz Hussain S/o Irshad Hussain, Aged About 29 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 12. Mohammed Abrar S/o Umardeen, Aged About 39 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 13. Sanjeev Jangir S/o Rajendra Prasad, Aged About 32 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 14. Sartaj Bano D/o Gulam Zilani, Aged About 39 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 15. Teena Ghalot D/o Indra Jeet Tanvwar, Aged About 36 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 16. Kavita D/o Lal Chand, Aged About 29 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 17. Soket Ali S/o Mohd Iqbal, Aged About 35 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 18. Khalida Parveen D/o Mohd. Nasir, Aged About 40 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 19. Bhagwana Ram Bhargaw S/o Dhura Ram Bhargaw, Aged About 26 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 20. Suresh Kumar S/o Rameshwar Lal, Aged About 26 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner [2025:RJ-JP:47782] (3 of 6) [CW-18227/2025] (Raj.). 21. Gopala Ram Suthar S/o Rupram Suthar, Aged About 31 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 22. Laxmi Bhadu D/o Om Prakash Bhadu, Aged About 29 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 23. Aruna Thanthera D/o Kanhaiya Lal Thanthera, Aged About 33 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 24. Bharat Kumar S/o Ramrakh Maru, Aged About 28 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 25. Altaf Hussain S/o Jakir Hussain, Aged About 29 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 26. Mahima Prajapat D/o Toalram Kumawat, Aged About 26 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 27. Alka Chouhan D/o Yusuf Ali Chohan, Aged About 27 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 28. Abhishek Acharya S/o Mukesh Acharya, Aged About 28 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 29. Hemlata Mehra D/o Mool Chand Mehra, Aged About 34 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 30. Prithvi Raj Swami S/o Kamal Kishor Rankawat, Aged About 28 Years, Present Working As Nursing Officer At [2025:RJ-JP:47782] (4 of 6) [CW-18227/2025] Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 31. Shahabaz Hussain Bhati S/o Altaf Husain, Aged About 36 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 32. Devendra Kumar Khator S/o Bulaki Ram, Aged About 32 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 33. Manoj Kumar Bishnoi S/o Hari Ram Bishnoi, Aged About 32 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 34. Om Prakash Kumawat S/o Birbal Ram Kumawat, Aged About 41 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 35. Farzana Bano D/o Hasan Ali, Aged About 26 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 36. Meghraj Prajapat S/o Ganga Ram Prajapat, Aged About 28 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 37. Sahi Ram S/o Ram Kishan, Aged About 30 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 38. Rabnawaz S/o Hasseen Ali, Aged About 33 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). 39. Santosh S/o Udaram Godara, Aged About 31 Years, Present Working As Nursing Officer At Sardar Patel Medical College And Associated Group Of Hospital Bikaner (Raj.). ----Petitioners Versus 1. The State Of Rajasthan, Through The Secretary Medical [2025:RJ-JP:47782] (5 of 6) [CW-18227/2025] And Health Department, Government Of Rajasthan, Jaipur. 2. The Director (Non-Gazetted), Directorate Of Medical Health And Services, Govt. Of Rajasthan, Jaipur. 3. The Director, Finance (Budget), Medical Health And Services, Govt. Of Rajasthan, Jaipur. 4. The District Collector, Bikaner. 5. The Chief Medical And Health Officer, Bikaner. 6. The Joint Director, Directorate Of Medical Health And Services, Zone Bikaner 7. The Principal And Superitendent, Sardar Patel Medical College, Bikaner. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/11/2025 1. This writ petition has been filed by the petitioners with the following prayer:- “1. Issue an appropriate writ order or direction in the nature thereof, the respondents may kindly be directed to adjust the petitioners at the vacant posts on the post of Nursing Officer on UTB Mode. 2. Issue an appropriate writ order or direction in the nature thereof, the respondents may kindly be directed to continue the services of petitioners on the post of Nursing Officer at their respective place and further not to replace the petitioners by another set up of contractual employees. 3. Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper on the facts and in the [2025:RJ-JP:47782] (6 of 6) [CW-18227/2025] circumstances of the case may also be passed in favour of the petitioners with cost of the petition.” 2. During course of arguments, learned counsel for petitioners submits that the petitioners may be granted permission to file an appropriate representation before the respondents-Authority to consider and resolve his grievances. 3. 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 consider and decide the representation after enquiry about grievances, raised by the petitioners but 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 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 are at liberty to approach this Court with fresh petition. 4. In case of availability of vacant posts, the respondents shall consider the case of petitioners against vacant posts (if any), in case the respondents desire to take services till availability of regularly selected candidates. 5. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J Chandan/127