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2025 DAILYLAW 49335 (RAJ)

UDAY SINGH RAJPOOT S/O SHRI RAM KUMAR SINGH RAJPOOT v. STATE OF RAJASTHAN

WMAP/323/2025 · 2025-11-04

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:44313] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 323/2025 In S.B. Civil Writ Petition No.1993/2025 Uday Singh Rajpoot S/o Shri Ram Kumar Singh Rajpoot, Aged About 45 Years, Resident Of Ward No. 17, Village Bagar, Post Budana, District Jhunjhunu-333023(Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur 2. The Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur 3. State Institute Of Health And Family Welfare, Through Its Director, Jhalana Doongri, Jaipur ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Ms. Sweekriti Sharma for Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SUDESH BANSAL Order 04/11/2025 1. Instant Misc. Application has been filed by and on behalf of writ petitioner, seeking to modify/ review the final order dated 09.05.2025, whereby and whereunder S.B. Civil Writ Petition No.1993/2025, filed by writ petitioner, was dismissed as withdrawn. 2. Counsel appearing for applicant-writ petitioner agrees that in the order dated 09.05.2025, the case of writ petitioner was considered on merits and certificate of OBC-NCL of writ petitioner, [2025:RJ-JP:44313] (2 of 2) [WMAP-323/2025] was not found appropriate as per requirement of the advertisement, and the action of respondents to not consider his candidature under OBC-NCL category, was held justified and thereafter, the writ petition was dismissed as withdrawn. 3. Counsel for applicant-writ petitioner submits that the order dated 09.05.2025 may be reviewed in the manner that instead of dismissing the writ petition as withdrawn, same may be dismissed on merits. 4. From a bare perusal of the order dated 09.05.2025, it is apparent that same was passed after hearing the counsel for petitioner as well as the counsel for respondents and in their presence, in the open Court. The Advocate, who appeared on behalf of petitioner in the writ petition, namely, Mr. Tanveer Ahamad, is the same advocate, who has filed present misc. application on behalf of the writ petitioner, to recall the order dated 09.05.2025. No affidavit of the Advocate in support of averments made in the application, has been filed. Mere filing the affidavit of writ petitioner is not suffice, since he does not state to be present in person before the Court, when the writ petition after considering on merits, was dismissed as withdrawn. 5. In view of above, the present Misc. Application is hereby dismissed. (SUDESH BANSAL),J Sachin/15