HANUMAN KULARIYA S/O RAM CHANDRA KULARIYA v. THE STATE OF RAJASTHAN
CW/18683/2025 · 2025-12-05
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48783 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48783 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:49648] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18683/2025
1. Hanuman Kulariya S/o Ram Chandra Kulariya, Aged About 26 Years, R/o Baba Ramdev Nagar, Nokha Road, Bhinasar, Bikaner, Rajasthan.
2. Mam Raj Godara S/o Bhanwar Lal Godara, Aged About 31 Years, R/o Vpo Lalmdesar Bara, Tehsil Nokha, District Bikaner, Rajasthan.
3. Sanjaya Chaudhary S/o Surja Ram Chaudhary, Aged About 31 Years, R/o Adarsh Colony, Bikaner, Rajasthan.
4. Sadam Hussain S/o Abdul Habib, Aged About 28 Years, R/o Pabubari, Bikaner, Rajasthan.
5. Shabab Ali Bhati S/o Abdul Habib Bhati, Aged About 34 Years, R/o Pabubari Ke Andar, Bikaner, Rajasthan.
6. Nawaz Ali S/o Nawab Ali, Aged About 26 Years, R/o Choukhunti, Bikaner, Rajasthan.
7. Mohammad Shafiq Khokhar S/o Mohammad Rafiq Khokhar, Aged About 29 Years, R/o Choukhunti, Bikaner, Rajasthan.
8. Rukhsar Smeja D/o Musstak Ali, Aged About 29 Years, R/o Dhobi Talai, Bikaner, Rajasthan.
9. Sushila Siyag D/o Laxman Ram, Aged About 28 Years, R/o Palana, Bikaner, Rajasthan.
10. Anil Prajapat S/o Tejaram, Aged About 33 Years, R/o Shiv Bari, Bikaner, Rajasthan.
11. Manju D/o Kalu Ram Jat, Aged About 31 Years, R/o Sahajarasar, Bikaner, Rajasthan.
12. Mandeep Singh S/o Onkar Singh, Aged About 28 Years, R/o Sarvodya Basti, Bikaner, Rajasthan.
13. Babu Lal Sadh S/o Barju Das Sadh, Aged About 26 Years, R/o Kakra, Bikaner, Rajasthan.
14. Ratan Das S/o Raju Das, Aged About 29 Years, R/o Nathwana, Lunkaransar, Bikaner.
15. Pradeep Rathore S/o Hanuman Singh Rathore, Aged About 27 Years, R/o Hanuman Hattha Chowk, Bikaner, Rajasthan.
16. Shaheen Bagarwa S/o Wali Mohd, Aged About 32 Years,
[2025:RJ-JP:49648] (2 of 4) [CW-18683/2025] R/o Vrindavan Enclave, Bikaner, Rajasthan. ----Petitioners Versus
1. The State Of Rajasthan, Through The Secretary Medical 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 Joint Director, Directorate Of Medical Health And Services, Zone Bikaner.
5. The District Collector, Bikaner.
6. The Chief Medical And Health Officer, Bikaner.
7. The Principal And Superintendent, Sardar Patel Medical College, Bikaner. ----Respondents For Petitioner(s) : Mr. R.P. Saini For Respondent(s) : Mr. Prakhar Jain on behalf of Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 05/12/2025
1. Instant writ petition is preferred by petitioners with 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
[2025:RJ-JP:49648] (3 of 4) [CW-18683/2025] further not to replace the petitioners by another set up of contractual employees.
3. Issue an appropriate writ order or direction in the nature thereof, the Impugned order dated 04.07.2025 may kindly be quashed and set aside.”
2.
Learned counsel for petitioners while referring and relying upon judgment dated 23.09.2025 in S.B. Civil Writ Petition No.14528/2025 titled as Neha Vs. State of Rajasthan and Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court on the basis of ratio laid down in case of Dr. Amit Sharma And Ors. Vs. State of Rajasthan and Ors.: SB CWP No.4231/2025. He further submitted that instant writ petition be disposed of in accordance with aforesaid order.
3. Mr. Prakhar Jain on behalf of Mr. Archit Bohra, AGC accepts notice. Office is directed to reflect name of Mr. Archit Bohra, AGC as counsel for the respondents.
4. Having considered the submissions of learned counsel for parties and also material placed on record, the writ petition may be disposed in light of Neha Vs. State of Rajasthan and Ors. (supra) and Dr. Amit Sharma And Ors. Vs. State of Rajasthan and Ors. (supra) decided by this Court.
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 raising all grounds and the respondents-Authority are directed to consider and decide the representation in light of ratio laid
[2025:RJ-JP:49648] (4 of 4) [CW-18683/2025] down in case of Neha Vs. State of Rajasthan and Ors. (supra) and Dr. Amit Sharma And Ors. Vs. State of Rajasthan and Ors. (supra), but in case of deviation 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
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 petitioner is still aggrieved, they have a liberty to approach this Court with fresh petition.
6. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioners, then same benefits be extended.
7. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA /105