Rajasthan High Court - Jodhpur
Arun Choudhary vs K.K Sharma on 22 October, 2021
Bench: Vijay Bishnoi, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Writ Contempt No. 391/2020
Arun Choudhary S/o Shri Dheera Ram Choudhary, Aged About
32 Years, R/o 103, Karni Nagar, Opposite Sirvi Hostle, Pali Road,
Jodhpur, Rajasthan.
----Petitioner
Versus
1. Dr. K.K Sharma, Director, Department Of Medical And
Health, Jaipur, Rajasthan.
2. Mr. Mukal Sharma, Additional Director (Administration),
Department Of Medical And Health, Jaipur, Rajasthan.
3. State Of Rajasthan, Through The Secretary, Department
Of Medical And Health, Government Of Rajasthan, Jaipur
----Respondents
For Petitioner(s) : Mr. M.L. Deora
For Respondent(s) : Mr. K.S. Rajpurohit, AAG assisted by
Mr. Rajat Arora, AAAG
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
22/10/2021
This writ contempt petition has been filed by the petitioner
alleging that the respondents have willfully not complied with the
directions given by the Division Bench of this Court vide order
dated 13.11.2017 passed in D.B. Special Appeal (Writ)
No.960/2017 (Samitinjai Gautam & Ors. Vs. State of Rajasthan &
Ors.).
On 13.11.2017, a Coordinate Division Bench of this Court
disposed of D.B. Special Appeal (Writ) Nos.638/2017, 674/2017
and 960/2017 in terms of the judgment dated 03.11.2017 passed
(2 of 4) [WCP-391/2020]
by a Coordinate Division Bench of this Court at Jaipur Bench in a
batch of appeals lead by Rajesh Choudhary & Ors. Vs. State of
Rajasthan & Anr. [D.B. Special Appeal (Writ)
No.1178/2017].
In the case of Rajesh Choudhary (supra), the Coordinate
Division Bench of this Court at Jaipur Bench issued the following
directions :-
"12. Declaring as above, we dispose of the appeals
directing the respondents to work out how many posts out
of 1478 notified for the year 2011 remain unfilled as of
today and by unfilled we mean those posts for which
candidates who were offered appointment did not join or
after joining resigned or left service. All of them would be
treated as vacant posts. The exercise shall be completed
within six weeks from today. Thereafter, the mandamus
issued by the learned Single Judge in Umesh Singhal's case
shall be complied with."
Learned counsel for the petitioner has contended that the
directions issued by the Division Bench of this Court at Jaipur in
the case of Rajesh Choudhary (supra) have not been complied
with by the respondents and as such it is a clear case of willful
disobedience of the directions issued by the Division Bench.
Reply to the writ contempt petition has been filed on behalf
of the respondent-State, wherein it is contended that on
26.11.2011, the advertisement for filling the vacancies of 1478
posts of Pharmacists was issued and pursuant to that
advertisement, 1284 candidates were provided appointment. It is
submitted that later on, as per the orders passed by the learned
Single Judge on 05.03.2014 in Umesh Singhal Vs. State & Ors.
(SBCWP No.311/2014) and on 09.05.2014 in Narendra
(3 of 4) [WCP-391/2020]
Kumar Nyola Vs. State & Ors. (SBCWP No.5127/2014),
revised result was issued and as per which 132 new candidates
were successful in making their place in the merit list. It is further
contended that as per the revised result, 132 new candidates, who
were already provided appointment out of 1284 candidates, did
not find place in the merit list but with the intervention of the High
Court their appointments were protected and their services were
not terminated. It is further contended that pursuant to the order
dated 03.11.2015 passed by the learned Single Judge of this Court
at Jaipur Bench in Satyendra Kumar Vs. State of Rajasthan &
Ors. (SBCWP No.6656/2015) along with Amit Kumar Sharma
& Ors. Vs. The State of Rajasthan & Ors. (SBCWP
No.9870/2015), 16 women candidates were also given
appointment in excess to their existing quota.
Thus, the respondent-State has came with the contention
that against 1478 posts of Pharmacist advertised vide
advertisement dated 26.11.2011, 1564 (1284+132+132+16)
candidates were offered appointment, however, out of that 1564
candidates, 55 candidates have either not joined or resigned and
as such at present 1509 (1564-55) candidates are working on the
post of Pharmacist against the posts of 1478 advertised vide
advertisement dated 26.11.2011.
Mr. K.S. Rajpurohit, learned AAG appearing for the
respondents has, therefore, submitted that in the above
circumstances, not even a single post out of 1478 posts advertised
in the year 2011 remained unfilled on the date when the
impugned order dated 13.11.2017 was passed and as such there
is no willful disobedience on the part of the respondents.
(4 of 4) [WCP-391/2020]
Having heard learned counsel for the parties and after taking
into consideration the reply to the writ contempt petition filed on
behalf of the respondent-State as well as the fact that the factual
position narrated by the respondents in their reply has not been
contradicted by the petitioner, we don't find case for willful
disobedience of the order dated 13.11.2017 passed by a
Coordinate Division Bench of this Court in D.B. Special Appeal
(Writ) No.960/2017 (Samitinjai Gautam & Ors. Vs. State of
Rajasthan & Ors.).
Hence, this contempt petition is dismissed.
Notices of contempt petition stand discharged.
(SUDESH BANSAL),J (VIJAY BISHNOI),J
Abhishek Kumar
S.No.15
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