[2026:RJ-JP:10624] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4620/2026 Dr. Sunil Kumar Gupta S/o Shri Suresh Chand Gupta, Aged About 30 Years, Resident Of House No. 287, Near Government Girls Senior Secondary School, Shiwar, Sawai Madhopur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Of Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat Jaipur. 2. The Director (Public Health), Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Jaipur. 3. The Director (Non-Gazetted), Medical, Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, Jaipur. 4. The Chief Medical And Health Officer, Sawai Madhopur. ----Respondents For Petitioner(s) : Mr. Sandeep Saxena Ms. Neha Swami Mr. Bhuwnesh Tiwari For Respondent(s) : M. Archit Bohra Mr. Sweekriti Sharma HON'BLE DR. JUSTICE NUPUR BHATI Order 13/03/2026 1. The instant petition has been filed by the petitioner with the following prayer: "(i) this Hon'ble Court may kindly be pleased to call for the entire records related to the case and after examining the same be pleased to quash and set aside the inaction of the respondent and respondent may restrain to replace the petitioner from another set of urgent temporary basis persons and not discontinue [2026:RJ-JP:10624] (2 of 5) [CW-4620/2026] the services of petitioner till availability vacancies of medical officer in the respondent-Department. (ii) Any other prejudicial order, if passed during the pendency of the appeal, the same may kindly be taken on record and after examining the same be quashed and set aside. (iii) Any other beneficial order or direction, which the Hon'ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favor of the Petitioner" 2. Brief facts of the case are that the Chief Medical and Health Officer, District Sawai Madhopur, issued an advertisement for appointment on various posts including the post of Medical Officer on urgent temporary basis for the financial year 2022-23 or till the availability of regularly selected employees. In pursuance of the said advertisement, the petitioner applied for the post of Medical Officer, participated in the selection process, and after being found suitable by the District Health Committee, he was appointed as Medical Officer on urgent temporary basis vide appointment/posting order dated 19.07.2022 (Annexure-1). As per the appointment order, the appointment of the petitioner was on urgent temporary basis for one financial year or till the availability of regularly selected employees, whichever was earlier. The petitioner joined his duties and has been discharging his responsibilities with sincerity, efficiency and dedication, and his services have remained satisfactory, therefore his services were extended by the respondent department from time to time as per requirement and were earlier extended up to 31.03.2025, even though several posts of Medical Officers were lying vacant in the respondent department. Being apprehensive of being replaced by another set of urgent temporary employees, the petitioner along with other similarly situated persons filed S.B. Civil Writ Petition [2026:RJ-JP:10624] (3 of 5) [CW-4620/2026] No. 4231/2025 (Dr. Amit Sharma & Others Vs. State of Rajasthan & Ors.), which was decided by this Hon'ble Court vide order dated 01.04.2025. However, even thereafter many posts of Medical Officers continue to remain vacant in the respondent Department, and the petitioner submitted representations requesting that he should not be replaced by another set of urgent temporary employees and that his services should not be discontinued till regularly selected candidates become available, but no action has been taken by the respondents. Despite the satisfactory services of the petitioner since July 2022 and the continued availability of vacant posts of Medical Officers, the services of the petitioner and other similarly situated Medical Officers were discontinued pursuant to order dated 11.04.2025 (Annexure-2) issued by the Chief Medical and Health Officer, Sawai Madhopur, which action of the respondents is arbitrary and unjustified. 3. Learned counsel for the petitioner submits that issue involved in the present writ petition is squarely covered by the case of Dr. Shreeram Jhajhara Vs. The State of Rajasthan and Ors.: SB Civil Writ Petition No. 20410/2025 decided on 15.10.2025. The relevant part of the order is reproduced hereunder:- "1.Heard. 2. The present writ petition has been filed challenging the action of the respondents in not permitting the petitioners to perform duties on the post of Medical Officer despite the availability of vacant posts available under District Jaisalmer. 3. The main grievance of the learned counsel appearing on behalf of the petitioners is that the petitioners were engaged on an urgent temporary basis on the post of Medical Officer until regular recruitment is completed for the said post. This [2026:RJ-JP:10624] (4 of 5) [CW-4620/2026] recruitment is conducted by a Committee constituted at the district level and urgent recruitment was carried out to fill the vacancies existing in the said districts. 4.The further grievance of the learned counsel for the petitioners is that, as per the selection made at the district level, the petitioners were posted at the concerned PHC. It is also submitted that until the regular post is filled, the position of Medical Officer at the concerned PHC is to be filed on a temporary basis. 5. Vide order dated 01.10.2025 (Annex.6), general directions Were issued to this disengage Medical Officers appointed on temporary basis wherever such vacancies have been filled with regular employees. 6. The case of the petitioners is that certain vacancies still remain unfilled by regular appointments and the petitioners' candidature should be considered for such vacancies without initiating any fresh urgent temporary recruitment, until regularly appointed Medical Officers are posted in the concerned districts where the petitioners and others were selected. 7. The fact remains that various persons were selected by the District Level Committee, consisting of district-level and other officers, depending on the vacancies then existing and they were engaged on an urgent temporary basis. 8. It appears that certain regular postings have been made, as a result, the impugned common order has been passed disengaging the persons wherever such posts are filled up with regular postings. The engagement of the petitioner along with others was on temporary basis till regular recruitment is done. 9. If there are still any vacant posts unfilled by regular recruitment or by any person on an urgent temporary basis, such vacancies are required to be filled from among the persons who have been disengaged due to regular appointments. 10. Before disengaging the petitioner, the respondents were required to consider all such disengaged persons for any other posts that remain vacant due to the absence/non-joining of regular appointments. Such re-engagement shall be made based on merit and length of service among the persons already disengaged in the same district. 11. The said exercise shall be carried out within a period of one month from the date of receipt of a copy of this order. 12. With the aforesaid directions, the present writ petition is disposed of." [2026:RJ-JP:10624] (5 of 5) [CW-4620/2026] 4. Learned counsel for the respondent is not in a position to refute the fact that the issue involved in the present case has already been decided in the case of Dr. Shreeram Jhajhara (Supra). 5. Accordingly, the present writ petition is disposed of in light the above case and ratio as laid down in the case of Dr. Shreeram Jhajhara (Supra). It is expected from the CMHO-respondent No. 4 that appropriate order be passed within thirty days upon filing of representation alongwith the certified copy of this order. 6. All the pending applications are also disposed of. (DR.NUPUR BHATI),J ashu /28