State Of Rajasthan vs Anil Vishnoi
2021 Latest Caselaw 18550 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 363/2021

State Of Rajasthan, Through Secretary, Department Of Medical Health And Science, Govt. Secretariat, Jaipur.

----Appellant Versus

1. Anil Vishnoi S/o Hapuram, Aged About 21 Years, By Caste Vishnoi, R/o Godara Ki Dhani, Kankani, Luni Jodhpur.

2. Arvind Mehla S/o Pukhraj Mehla, Aged About 20 Years, By Caste Bishnoi, R/o Uncharda Khurd, District Nagaur.

3. Vikas S/o Shri Gopeelal, Aged About 21 Years, By Caste Vishnoi, R/o Sabalasar, Vishnu Nagar, Lohawat, District Jodhpur.

4. Praveen Kumar S/o Kanwararam, Aged About 21 Years, By Caste Vishnoi, R/o Village Sarwana, Tehsil Sanchore, District Jalore.

5. Gomati D/o Shri Meha Ram, Aged About 19 Years, By Caste Jat, R/o Guneshaniyon Ki Dhani, Dhorimana, District Barmer.

6. Anita Vishnoi D/o Shri Harchand Ram, Aged About 24 Years, By Caste Vishnoi, R/o 33 Gayatri Nagar, Bhadwasiya, District Jodhpur.

7. Manish Kumar Meena S/o Shri Batilal Meena, Aged About 21 Years, By Caste Meena, R/o Meena Mohalla, Village Kawad, District Sawai Madhopur, Presently At C/o Harshvardhan Meena, Hindustan Zinc Limited, H.r. Building, Project Office Zawar Mines, Udaipur.

8. Khushi Ram Meena S/o Hri Kamlesh Meena, Aged About 21 Years, By Caste Meena, R/o Seloo, Sawai Madhopur, Presently At Banwari Meena, Junior Assistant, Water Resources Department, Sanchore, Jalore.

9. Amar Singh Meena S/o Shri Suwa Lal Meena, Aged About 24 Years, Bohariya Gaon, District Bundi, Presently Residing At C/o B.l. Meena, Village Development Officer, Gram Panchayat Koja, Tehsil Dhorimana, District Barmer.

10. Rajasthan Karamchari Chayan Board, Krishi Prabandh Sansthan Parisar, Durgapura, Jaipur.

11.    Rajasthan        Paramedical           Council,        Through          Registrar,



                                          (2 of 4)                  [SAW-363/2021]

Rajasthan Paramedical Council, G-1, Kisan Bhawan, Lal Kothi, Jaipur.

                                                                ----Respondents


For Appellant(s)         :     Mr. Karan Singh Rajpurohit, AAG
For Respondent(s)        :     Mr. Bhavit Sharma
                               Ms. Shalini Audichya on behalf of
                               Mr Vinit Sanadhya.



           HON'BLE MR. JUSTICE SANDEEP MEHTA
             HON'BLE MR. JUSTICE SAMEER JAIN

                                    Order

07/12/2021

Shri K.S. Rajpurohit, learned AAG states that identical

controversy which is involved in the case at hand has already been

decided by a coordinate Division Bench of this Court in a bunch of

Special Appeals lead by D.B. Special Appeal (Writ) No.286/2021.

He has placed a copy of the order dated 02.12.2021 on record for

the Court's perusal. The above mentioned bunch of appeals was

dismissed by this Court in the following terms:

"Despite these observations, as discussed earlier, we would not allow the State Government to travel beyond the initial advertisement. However, when certain consequential directions issued by the learned Single Judge we would like to comment. The document verification stage was reopened and extended beyond originally envisaged. More significantly, directions were issued to the Para-medical Council of the State to accept the applications even those which may not have been made by 30th July, 2020. We are conscious and can take judicial notice of the fact that the learned Single Judge without so many words, was actuated by rampant spread of corona virus in order to issue such general directions. We would however have preferred if after the petition was appropriately amended to enable the learned

(3 of 4) [SAW-363/2021]

Single Judge to give suitable directions and some factual examination was carried out. Significantly, there were no prayers in the petition to this effect. We may recall, the petition of Anil Bisnoi survived only for one petitioner. These directions were thus for the benefit for the candidates who were not before the court. However, we are informed that on this basis, several petitions have been filed and allowed and the State Government has not carried them in appeal. This would be an additional ground for not taking away from the original petitioner what the learned Single Judge has granted in his judgment. However, we have made our position in law clear which would hold the field for future considerations. In the present recruitment process the pattern cannot be reversed. Before closing we record the contention of the learned Advocate General that the candidates who were provisionally registered by the Council under the interim orders of the Court, in any case, cannot be held to be eligible. Shri Vigyan Shah, for some of the candidates submitted that even the provisional registration has different factual background. In some cases, registration once granted is cancelled which was protected provisionally by the Court's order. In some cases, no registration was granted and directions were issued for provisional registration. None of these issues arise out of the impugned judgment of the learned Single Judge in these appeals. These issues will have to be gone into in appropriate proceedings at an appropriate stage and possibly on the basis of individual facts. We would therefore not make any observations and comments but leave it to the parties to raise their contentions in proceedings where such issues arise.

With these conclusions, the appeal filed by Irfan Ali Chhipa must fail. The petition was in the nature of counter petition to that of Anil Vishnoi (supra). Without recording separate reasons, this appeal also must fail.

In the result both these appeals are dismissed subject to above observations and clarifications."

(4 of 4) [SAW-363/2021]

In view of the fact that the controversy involved in the case at hand is ad-idem, the instant special appeal (writ) also fails and is dismissed for the same reasons. The stay application also stands dismissed.

No order as to the cost.

                                   (SAMEER JAIN),J                                        (SANDEEP MEHTA),J

                                   21-/Devesh/-









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