State Of Rajasthan vs Puja Mathur Daughter Of Shri ...
2021 Latest Caselaw 6324 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               D.B. Special Appeal Writ No. 357/2021

1.     State   Of   Rajasthan,         Through         Its    Special     Secretary,
       Medical Health And Family Welfare Department And
       Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)
2.     Director, National Health Mission, Swasthya Bhawan, Tilak
       Marg, C-Scheme, Jaipur Rajasthan.
3.     Additional    Director        (Administration),           Department      Of
       Medical      And      Health        Service,          Rajasthan,     Medical
       Directorate, Jaipur Rajasthan.
                                                                   ----Appellants
                                    Versus
Puja Mathur Daughter Of Shri Kailash Narayan Mathur, Wife Of
Shri Ashish Mathur, Aged About 30 Years, Resident Of 18-E-491,
Chopasni Housing Board, Jodhpur Rajasthan.
                                                                  ----Respondent

Connected With D.B. Special Appeal Writ No. 397/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Special Secretary To Government, Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Sandeep Kumar S/o Shri Khyali Ram Chahar, Aged About 24 Years, R/o Charan Ki Dhani, Parasrampura, Tehsil Nawalgarh, District Jhunjhunu, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 399/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Special Secretary To Government, Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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                                                                     ----Appellants
                                      Versus

Sunil Kumar S/o Shri Motiram, Aged About 27 Years, R/o Village Keriya Makra, Padu Khurd, Tehsil Riya Khurd, District Nagaur, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 402/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus Piyush Sharma Son Of Shri Ramavtar Sharma, Aged About 30 Years, Resident Of Village Boreli, Basedi Via Saipau, District Dholpur (Raj.)

----Respondent D.B. Special Appeal Writ No. 409/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Special Secretary To Government, Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Bhagwati W/o Shri Chena Ram, D/o Shri Rameshwar Lal, Aged About 32 Years, R/o Village Post Jhun Ka Bass, Tehsil Danta Ramgarh, District Sikar, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 410/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm Govt. Secretariat, Jaipur (Raj)

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2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate Jaipur (Raj)

----Appellants Versus Ram Lakhan Chandel Son Of Shri Ghasitaram, Aged About 25 Years, Resident Of Village And Post Guhana, Tehsil Deeg, District Bharatpur (Raj)

----Respondent D.B. Special Appeal Writ No. 412/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Special Secretary To Government, Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Aamin S/o Yasin Khan, Aged About 32 Years, R/o Madrse Ki Gali, Railway Kuva No. 3, Kotwalo Ka Vas, Barmer, Barmer, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 413/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm) Secretariat, Jaipur

2. The Director, Medical Health And Family Welfare Department, Nhm Headquarter Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur

----Appellants Versus

1. Nirmala Dhakar W/o Shri Anil Kumar Dhakar, Aged About 31 Years, R/o VPO Undwa, Tehsil Ramganj Mandi, Dist. Kota Rajasthan

2. Shobha D/o Shri Prabhu Ram Chaudhary, Aged about 30 years W/o Ramesh Kumar R/o Ward No. 5, Patumbari Dist. Sirohi, Rajasthan

(4 of 25) [SAW-357/2021]

----Respondents D.B. Special Appeal Writ No. 414/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm) Secretariat, Jaipur

2. The Director, Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur

----Appellants Versus Ravindra Singh S/o Shri Rod Singh, Aged About 28 Years, R/o Village Bartu, Bhim, District Rajsamand, Rajasthan

----Respondent D.B. Special Appeal Writ No. 415/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus

1. Hemant Nagar Son Of Shri Giriraj Prasad Nagar, Aged About 30 Years, Resident Of Mohalla Thakurji Temple, Village Raniheda, Tehsil And District Baran, At Present Resident Of Behind Dhakad Hostel, College Road, Baran (Raj.)

2. Shivangni Anawadiya Daughter Of Shri Devraj Anawadiya, Aged About 23 Years, Resident Of Jain Mandir Ki Gali, Khedli Ganj, Atru, Tehsil Atru, District Baran (Raj.)

----Respondents D.B. Special Appeal Writ No. 438/2021

1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health, Secretariat, Jaipur

2. Special Secretary To The Government, Department Of Medical, Health And Family Welfare, National Health

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Mission, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur - 302 005

----Appellants Versus Amit Bilkhiwal S/o Bhawani Shankar, Aged About 34 Years, R/o Opposite Old Power House, Devipura Road, Sikar (Rajasthan)

----Respondent D.B. Special Appeal Writ No. 439/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Director Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Saroj Gurjar D/o Shri Jagdish Chand, Aged About 31 Years, R/o Plot No.3, Shyam Vatika-II, Niwaru Road, Jhotwara, District Jaipur, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 440/2021

1. State Of Rajasthan, Through Principal Secretary Department Of Medical And Health Services, Government Secretariat, Government Of Rajasthan, Jaipur.

2. National Health Mission, Department Of Medical Health And Family Welfare, Swasthay Bhawa, Tilak Marg, C- Scheme, Jaipur Through Special Secretary To Government, Medical Health, Fw Department And Mission Director, Nhm Rajasthan Jaipur.

3. Project Director, National Health Mission Rajasthan Jaipur

----Appellants Versus Rakesh Saini S/o Shri Shambhu Dayal Saini, Aged About 24 Years, R/o 71, Mahadev Ke Pass, Golkyan Ki Dhani, Baswa District Dausa

----Respondent D.B. Special Appeal Writ No. 441/2021

1. The State Of Rajasthan, Through Principal Secretary,

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Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Director Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Sulochana Kumari Gurjar D/o Shri-Debi Lal Gurjar, Aged About 25 Years, R/o-Village-Baroda, Jhajpur, District-Bhilwara, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 442/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus Mohammad Faisal Khan Son Of Shri Mufeed Ahmad, Aged About 29 Years, Resident Of Udaikala, Tehsil Gangapurcity, District Sawai Madhopur (Raj.)

----Respondent D.B. Special Appeal Writ No. 443/2021

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Government Of Rajasthan, Jaipur

2. Mission Director And Special Secretary, Medical Health And Family Welfare Department, National Health Mission, C-Scheme, Tilak Marg, Jaipur.

----Appellants Versus

1. Banesh Kumar Kumawat S/o Shri Bodu Ram Kumawat, Aged About 47 Years, R/o Saraswati Bal Vidhya Mandir Sr. Secondary School, 191-192, Udhyog Vihar, Road No. 17, Vki Sikar Road, Jaipur

(7 of 25) [SAW-357/2021]

2. Mool Singh Koori S/o Shri Babu Ram Koori, Aged About 48 Years, R/o Rajasthan College Of Engineering For Women, Ajmer Road, Bhankrota, Jaipur

----Respondents D.B. Special Appeal Writ No. 444/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus Harish Chandra Purbia Son Of Shri Uday Lal Purbia, Aged About 26 Years, Resident Of Ward No.-4, Purbia Mohalla, Peepli Acharyan, Mahalon Ki Pipli, District Rajsamand (Raj.)

----Respondent D.B. Special Appeal Writ No. 445/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus Gulam Rasool Son Of Shri Imamuddian, Aged About 40 Years, Resident Of Roteda, Bundi, District Bundi (Raj.)

----Respondent D.B. Special Appeal Writ No. 446/2021

1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health Services, Secretariat, Jaipur.

2. Special Secretary To Government, Medical Health, F.w.

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Department And Mission Director, Nhm (National Health Mission), Directorate, Medical Health And Family Welfare Department, Nhm Head Quarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Akhilesh Choudhary S/o Dinesh Choudhary, Aged About 29 Years, Resident Of Village Phalasiya, District Udaipur, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 447/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Special Secretary To Government Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Sunita W/o Shri Dinesh Kumar, Aged About 26 Years, R/o Village Doodana Ka Bass, Dumra, Tehsil Nawalgarh, Dist. Jhunjhunu, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 448/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus Vikash Gurjar Son Of Shri Lakhan Singh Gurjar, Aged About 23 Years, Resident Of Dubbi, Shri Mahaveerji District Karauli(Raj.)

----Respondent D.B. Special Appeal Writ No. 449/2021

1. State Of Rajasthan, Through Its Special Secretary,

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Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

4. Chief Medical And Health Officer, Jodhpur, District Jodhpur (Raj.)

5. Principal, Government Nursing College, M.d.m. Hospital Campus, Jodhpur (Raj.)

----Appellants Versus Dr. Vivek Chand Patidar Son Of Shri Vinod Patidar, Aged About 26 Years, Resident Of Patidar Mohalla, Village And Post Joulana, Tehsil Garhi, District Banswara (Raj.)

----Respondent D.B. Special Appeal Writ No. 450/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Director Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Durgesh Kumar Payak S/o Shri Satya Narayan Payak, Aged About 24 Years, R/o Village Daulatgarh, Tehsil Asind, District Bhilwara, Rajasthan-311303.

----Respondent D.B. Special Appeal Writ No. 451/2021

1. State Of Rajasthan, Through Its Special Secretary, Department Of Medical Health And Family Welfare And Mission Director Nhm, Government Secretariat, Jaipur, Rajasthan.

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan

3. Additional Director (Administration), Department Of

(10 of 25) [SAW-357/2021]

Medical And Health Services, Medical Directorate, Jaipur, Rajasthan.

4. Chief Medical And Health Officer, Kota, District Kota, Rajasthan.

5. Principal, Government Nursing College, M.b.s. Hospital Campus, Kota, Rajasthan

----Appellants Versus Vishvendra Singh Son Of Shri Rajesh Singh, Aged About 22 Years, Resident Of Vpo Kherli Gurjar, Tehsil Hindaun City, District Karauli (Raj.)

----Respondent D.B. Special Appeal Writ No. 452/2021

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

2. Special Secretary To The Government, Medical Health, F.w. Depot. And Mission Director-Nhm, Rajasthan, Jaipur.

----Appellants Versus Mamta Yadav D/o Shri Ram Lal Yadav, W/o Mr. Suresh Kumar Yadav, Aged About 30 Years, Resident Of 116 Mela Ki Dhani, Asti Kalan, Jaipur.

----Respondent D.B. Special Appeal Writ No. 456/2021

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Government Of Rajasthan, Jaipur

2. Mission Director And Special Secretary, Medical Health And Family Welfare Department, National Health Mission, C-Scheme, Tilak Marg, Jaipur

----Appellants Versus Ravindra Kumar Gurjar S/o Shri Ram Bharosi Gurjar, Aged About 25 Years, R/o Village Gurjar Baroda, Post Baman Baroda, Tehsil Bamanwas, Distt. Sawai Madhopur

----Respondent D.B. Special Appeal Writ No. 457/2021

1. State Of Rajasthan, Through Its Principle Secretary,

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Department Of Medical And Health Services, Government Secretariat, Jaipur, Rajasthan.

2. Mission Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan.

----Appellants Versus Poonam Devi D/o Nemi Chand Regar, Aged About 30 Years, Resident Of 292 Regaro Ka Mohalla, Bhainsawa, Tehsil Kishangarh Renwal, Jaipur, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 458/2021

1. The State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Services, Government Secretariat, Jaipur, Rajasthan.

2. Special Secretary To Government, Medical And Health Department And Mission Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan.

----Appellants Versus Gaurav Sharma S/o Shri Mahesh Chand Sharma, Aged About 26 Years, R/o Village Post Amargarh, District Karauli, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 459/2021

1. The State Of Rajasthan, Through Principle Secretary, Department Of Medical And Health Government Secretariat, Jaipur, Rajasthan.

2. The Special Secretary To Government Cum Director Of National Health Mission, Department Of Medical And Health And Family Welfare, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur-302005.

----Appellants Versus Ashwani Kumar S/o Shri Om Prakash Yadav, Aged About 27 Years, Resident Of Village Raiwana, Tehsil Neemrana, District Alwar, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 460/2021

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1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health Services, Secretariat, Jaipur.

2. Special Secretary To Government, Medical Health, F.w.

Department And Mission Director, Nhm (National Health Mission) Directorate, Medical Health And Family Welfare Department, Nhm Head Quarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Manish Kumar Soni S/o Shri Pushkar Dutt Soni, Aged About 30 Years, R/o House No. 293/17C Lala Maharaj Ji Ki Bagichi, Chhipiwada, Amer Road, Jaipur.

----Respondent D.B. Special Appeal Writ No. 461/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

2. Special Secretary To Govt., Medical And Health Department And Mission Director (Nhm), Directorate Medical, Health And Family Welfare Department, Nhm Hq, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Birendra Choudhary S/o Shri Hajari Lal, Aged About 26 Years, R/o Village Rohilana Ka Bass, Post Daulatpura, Tehsil Khetri, District Jhunjhunu

----Respondent D.B. Special Appeal Writ No. 462/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Director Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Sattar Khan S/o Shri Salim Khan, Aged About 34 Years, R/o Mata Ke Mandir Ke Pass, Saipau, District Dholpur, Rajasthan-

                                             (13 of 25)                 [SAW-357/2021]


328027.
                                                                    ----Respondent

D.B. Special Appeal Writ No. 463/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

4. Chief Medical And Health Officer, Kota, District Kota (Raj.)

5. Principal, Government Nursing College, M.b.s. Hospital Campus, Kota (Raj.)

----Appellants Versus Praveen Kumar Son Of Shri Bihari Lal Gochar, Aged About 24 Years, Resident Of Ward No. 17, Amrapura, Near Airtel Tower, Mangrol, District Baran (Raj.)

----Respondent D.B. Special Appeal Writ No. 465/2021

1. The State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Services Government Secretariat, Jaipur, Rajasthan.

2. Mission Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan.

3. Rajasthan Nursing Council, Jaipur Through Registrar, B-

39, Sardar Patel Marg, C-Scheme, Jaipur.

----Appellants Versus Bablu Meena S/o Shri Ram Sahay Meena, Aged About 30 Years, Resident Of Plot No. 20, Govind Nagar, Ghati Surajpura, Jagatpura, Jaipur.

----Respondent D.B. Special Appeal Writ No. 466/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

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2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus Madan Giri Goswami Son Of Shri Om Giri Goswami, Aged About 35 Years, Resident Of Village And Post Arnay, Tehsil Sanchor, District Jalor (Raj.)

----Respondent D.B. Special Appeal Writ No. 468/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Special Secretary To Government Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Jaiprakash Saini S/o Shri-Nagarmal Saini, R/o-Ward No-5, Mawta, District-Jhunjhunu, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 470/2021

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur (Rajasthan).

2. Special Secretary, Medical And Health Department And Mission Director, National Health Mission, Medical And Health Department, Swasthya Bhawan, C-Scheme, Jaipur (Rajasthan)

3. Registrar, Rajasthan Nursing Council, B-39, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan 302001.

----Appellants Versus Mohd. Azam S/o Mohd. Amin Khan, Aged About 28 Years, Resident Of Village And Post Islampur, Ward No. 5, Murot Road, Islampur, Jhunjhunu (Rajasthan)

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----Respondent D.B. Special Appeal Writ No. 474/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.).

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.)

----Appellants Versus Deepak Kumar Nagar Son Of Shri Harishankar Nagar, Aged About 23 Years, Resident Of Vpo Sojpur, Tehsil Khanpur District Jhalawar (Raj.)

----Respondent D.B. Special Appeal Writ No. 480/2021

1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

2. Special Secretary To Govt., Medical And Health Department And Mission Director (Nhm), Directorate Medical, Health And Family Welfare Department, Nhm Hq, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Ramniwas S/o Shri Udaram, Aged About 27 Years, R/o Village Bijrasar, Post Sadasar, Tehsil Sardarshahar, District Churu

----Respondent D.B. Special Appeal Writ No. 485/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

2. Special Secretary To Govt., Medical And Health Department And Mission Director (Nhm), Directorate Medical, Health And Family Welfare Department, Nhm Hq, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Kamlesh Kumari Gurjar D/o Ram Babu Gurjar, Aged About 28

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Years, R/o Chandela Mohalla, Liloj Nandera, Bandikui, District Dausa (Raj.)

----Respondent D.B. Special Appeal Writ No. 486/2021

1. State Of Rajasthan, Through Its Principle Secretary, Department Of Medical And Health Services, Government Secretariat, Jaipur, Rajasthan.

2. Mission Director, National Health Mission, Department Of Medical, Health And Family Welfare, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan.

----Appellants Versus Kamlesh Choudhary S/o Jhutha Ram Jat, Aged about 24 years, R/o Dehra Jobner, Tehsil Phulera, District Jaipur - 303328, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 487/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.).

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus Akshay Kumar Gurjar Son Of Shri Arvind Kumar Gochar, Aged About 25 Years, Resident Of 19/61, Jel Ke Piche Ka Road, Jhalawar District Jhalawar (Raj.)

----Respondent D.B. Special Appeal Writ No. 488/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

2. Special Secretary To Govt. Medical And Health Department And Mission Director (Nhm), Directorate Medical, Health And Family Welfare Department, Nhm Hq, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur

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----Appellants Versus Phool Chand Verma S/o Shri Ramchandra Verma, Aged About 25 Years, R/o Village And Post Shahpura, Via Bawari, Tehsil Khandela, District Sikar

----Respondent D.B. Special Appeal Writ No. 489/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Special Secretary To Government, Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Mangi Lal S/o Shri Bagru Ram, Aged About 27 Years, R/o Khileriyo Ki Dhaniya, Pali, District Jodhpur, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 491/2021

1. The State Of Rajasthan, Through Principal Secretary , Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.

2. The Special Secretary To Government, Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C - Scheme, Jaipur.

----Appellants Versus Arman Khan S/o Shri-Abdul Saleem, Aged About 24 Years, R/o- Malak Pada, Badi, Kahar Gali, Tehsile-Badi, District- Dholpur, Rajasthan.

----Respondent D.B. Special Appeal Writ No. 492/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of

(18 of 25) [SAW-357/2021]

Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.)

----Appellants Versus Premlata Gochar Daughter Of Purab Chand Gochar, Aged About 29 Years, Resident Of Ward No. 21, Meera Gate, District Bundi (Raj.)

----Respondent D.B. Special Appeal Writ No. 493/2021

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Government Of Rajasthan, Jaipur

2. Mission Director And Special Secretary, Medical Health And Family Welfare Department, National Health Mission, C-Scheme, Tilak Marg, Jaipur

----Appellants Versus Jay Prakash Prajapat S/o Shri Ram Khiladi Prajapat, Aged About 25 Years, Village And Post Piloda, Tehsil Wazirpur, Distt. Sawai Madhopur

----Respondent D.B. Special Appeal Writ No. 496/2021

1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Secretariat, Jaipur.

2. Special Secretary To Govt., Medical And Health Department And Mission Director (Nhm), Directorate Medical, Health And Family Welfare Department, Nhm Hq, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Ramji Lal Jat S/o Shri Jhutha Ram Jat, Aged About 24 Years, R/o Village Nangal Siras Mandoliya Ki Dhani, Post Neendar Benar, Tehsil Amer, District Jaipur (Raj)

----Respondent D.B. Special Appeal Writ No. 498/2021

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

2.       The   Special    Secretary,         Medical       And    Health,   Family


                                             (19 of 25)                     [SAW-357/2021]

Welfare, National Health Mission Govt. Of Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur 302005.

----Appellants Versus Bhupesh Sharma S/o Shri Mohanlal Sharma, Aged About 32 Years, R/o 9 Parasuram Nagar, Gautam Colony, Behind Of Akashwani, Sawai-Madhopur Rajasthan.

----Respondent D.B. Special Appeal Writ No. 502/2021

1. The State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur.

2. The Additional Director (Admn.), Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

3. The Special Secretary And Mission Director, National Health Scheme (Nhm), Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur.

4. Registrar, Rajasthan Nursing Council, Jaipur.

----Appellants Versus Lekhraj Meena S/o Ramkishor Meena, Aged About 28 Years, R/o Village - Batwari Umar, District Bundi (Raj.)

----Respondent D.B. Special Appeal Writ No. 503/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus

1. Ghanshyam Gochar Son Of Shri Mahaveer Prasad Gochar, Aged About 26 Years, Resident Of Hayar Sec, School Ke Pass, Pipalda Kalan, District Kota (Raj.)

(20 of 25) [SAW-357/2021]

2. Rishiraj Gochar Son Of Shri Dev Kishan Gochar, Aged About 28 Years, Resident Of Village And Post Dholam, Tehsil Chhipabarod District Baran (Raj.)

3. Saroj Daughter Of Shri Prahlad Mal Gurjar, Aged About 24 Years, Resident Of D-12, Gokul Colony, Borkhera, District Kota (Raj.)

4. Mritunjay Gurjar Son Of Shri Prabhulal Gurjar, Aged About 26 Years, Resident Of Dewar District Jhalawar (Raj.)

5. Sunil Kumar Gochar Son Of Shri Hariprasad Gochar, Aged About 26 Years, Resident Of Village Kalmiya, Post Jarkhoda, Tehsil Nainwa District Bundi (Raj.)

6. Ashok Gochar Son Of Shri Bhanwar Lal Gochar, Aged About 23 Years, Resident Of Ward No. 11, Bada Gana, Dugari, District Bundi (Raj.)

----Respondents D.B. Special Appeal Writ No. 514/2021

1. The State Of Rajasthan, Through Its Special Secretary Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj)

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj)

----Appellants Versus

1. Rahul Rathore Son Of Shri Harimohan Rathore, Aged About 23 Years, Resident Of Vinod Khurd, Tehsil Sangod District Kota (Raj)

2. Shahjad Ali Son Of Shri Chhitar Ali, Aged About 37 Years, Resident Of Menpura Sawai Madhopur, District Sawai Madhopur (Raj)

3. Bhagwan Sahay Saini Son Of Shri Kailash Chand Saini, Aged About 26 Years, Resident Of Maliyo Ki Dhani, Guna, Rajaheda Karauli District Karauli (Raj)

4. Mrulidhar Das Son Of Shri Sohan Lal, Aged About 24 Years, Resident Of 69, Talab Marg, Guda Bicggu , Gura Bichcu, District Pali (Raj)

5. Suman Daughter Of Shri Sahiram, Aged About 23 Years,

(21 of 25) [SAW-357/2021]

Resident Of Moolraj, Lohawat, Bisnawas, District Jodhpur (Raj)

6. Samta Daughter Of Shri Sahiram, Aged About 26 Years, Resident Of Moolraj, Lohawat, Bisnawas, District Jodhpur (Raj)

7. Vishal Son Of Shri Meva Ram, Aged About 26 Years, Resident Of Ward No. 2, Nahar Singhi, District Jhalawar (Raj)

8. Bharat Singh Son Of Shri Jasram, Aged about 27 years, Resident Of Lahchoda, Tehsil Hindaun District Karauli (Raj)

9. Sitaram Son Of Shri Khetaram, Aged About 24 Years, Resident Of Bhuratiya District Barmer (Raj)

10. Sameer Khan Son Of Shri Ramjan, Aged About 24 Years, Resident Of 108, Subhash Nagar, A, District Pali (Raj)

----Respondents D.B. Special Appeal Writ No. 530/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.).

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.).

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus

1. Sanjay Kumar Son Of Shri Dalip Singh, Aged About 35 Years, Resident Of Kishangarhbas, Bagheri Kalan, Kohsalpur, District Alwar (Raj.).

2. Vijay Singh Meena Son Of Shri Girraj Meena, Aged About 29 Years, Resident Of Village Looloj, Tehsil Sapotara, District Karauli (Raj.).

----Respondents D.B. Special Appeal Writ No. 689/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.).

(22 of 25) [SAW-357/2021]

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.).

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.)

----Appellants Versus Indra Kumar Son Of Shri Nemi Chand, Aged About 23 Years, Resident Of Panchpadra City, District Barmer (Raj.).

----Respondent D.B. Special Appeal Writ No. 704/2021

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Services, Government Of Rajasthan, Jaipur.

2. Mission Director And Special Secretary, Medical Health And Family Welfare Department, National Health Mission, C-Scheme, Tilak Marg, Jaipur.

----Appellants Versus Sunil Jat S/o Shri Vijendra Singh, Aged About 29 Years, R/o Sadhana Colony, Jat Ki Saray, Hindaun City, Distt. Karauli.

----Respondent D.B. Special Appeal Writ No. 705/2021

1. State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur.

2. The Special Secretary, Medical And Health Department And Mission Director, National Mission, Medical And Health Department, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

----Appellants Versus Hemlata Doi Daughter Of Shri Hari Singh Gurjar, Aged About 29 Years, Wife Of Shri Sumer Singh Gurjar, R/o Village Sahupada, Tehsil Baswa, District Dausa (Rajasthan).

----Respondent D.B. Special Appeal Writ No. 706/2021

1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.).

(23 of 25) [SAW-357/2021]

2. Director, National Health Mission, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)

3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).

----Appellants Versus Kailash Chand Nagar Son Of Shri Rajaram Nagar, Aged About 31 Years, Resident Of 47, Mohalla School, Malanvasa, Sarola, District Jhalawar (Raj.)

----Respondent D.B. Special Appeal Writ No. 710/2021

1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health Services, Secretariat, Jaipur.

2. Mission Director, National Health Commission, Nhm Block, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

3. Registrar, Rajasthan Nursing Council, 22 Godam Circle, Jaipur.

----Appellants Versus Renu Kumari D/o Agna Ram Sharma, Aged About 27 Years, R/o Dalmia Ki Dhani, Teh - Surajgarh, District Jhunjhunu (Raj.)

----Respondent

For Appellant(s) : Mr. Harshal Tholia on behalf of Dr. V.B. Sharma, AAG For Respondent(s) : Mr. David Mehla for Mr. Sandeep Singh Shekhawat (in SAW No.470/2021)

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Judgment

10/11/2021

These appeals arise out of a common judgment of the

learned Single Judge dated 26.03.2021 in case of Kamlesh

(24 of 25) [SAW-357/2021]

Choudhary Vs. State of Rajasthan and Anr. (Civil Writ Petition

No.3008/2021) and connected writ petitions.

Learned Government Advocate, on instructions of Dr. Mahesh

Sachdeva, OIC, State Nodal Officer (NHM), who is present before

the Court, stated that during the pendency of these appeals, the

State authorities have taken steps for completing the recruitment

process and during such process cases of the petitioners have also

been considered as directed by the learned Single Judge in the

impugned judgment. He stated that the recruitment process has

reached an advanced stage. Some of the appointments have

already been made. These appointees include some of the

petitioners also. However, those candidates (including the

petitioners) who had not undertaken requisite training, are sent

for such training and upon completion of the training, they would

also be appointed. He stated that the State Government would

require extension of time for completing this process. The training

is likely to be over by 15.02.2022 and the State authorities will

make an attempt to complete the entire selection process by

31.03.2022. He requested that under these circumstances,

suitable time extension may be granted.

Government Counsel however put a caveat that these

actions of the State Government should not be seen as giving up

in principle the challenge to the view taken by the learned Single

Judge.

In view of the developments which took place during the

pendency of these appeals and the stand taken by the State

Government which is noted above, in our opinion these appeals

can be disposed of without entering into merits. This disposal

would be subject to following two modifications/clarifications:-

(25 of 25) [SAW-357/2021]

(i) The State authorities are granted time upto 15.04.2022 to

complete the selection process.

(ii) Disposal of these appeals should not be seen as the Division

Bench confirming the view of learned Single Judge on merits.

Subject to these directions and clarifications, the appeals are

disposed of.

(REKHA BORANA),J (AKIL KURESHI),CJ

KAMLESH KUMAR /N.Gandhi/S-130-187

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