Dr Brij Kishore Saini S/O Ramnath ... vs The State Of Rajasthan
2022 Latest Caselaw 7393 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 16716/2022

Dr. Brij Kishore Saini S/o Ramnath Saini, Aged About 35 Years,
R/o Pratap Marg, Ghana Ka Para Maliyo Ka Mohalla, Hindoli,
Bundi, Rajasthan.
                                                                      ----Petitioner
                                      Versus


1.     The State of Rajasthan, Through Its Principal Secretary,
       Department Of Medical And Health Services, Govt. Of
       Rajasthan, Secretariat, Jaipur, Rajasthan.
2.     The Director (P.H.), Medical And Health Services, Govt. Of
       Rajasthan Swasthaya Bhawan, C-Scheme, Ashok Nagar,
       Jaipur, 302007 (Raj.)
3.     The Principal Secretary, Medical And Health Department,
       Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.)
4.     Office     Of      Chairman,           DM/M.Ch/MD/MS              Candidates
       Allotments Board - 2022, RUHS College Of Dental
       Sciences, Subhash Nagar, Behind Tb Hospital, Jaipur.
5.     Lalita Meena D/o Lakhan Lal Meena, Currently Posted At
       Sms       Medical        College,        Jaipur        (General      Medicine
       Department)
6.     Dharam Singh Meena S/o Fauji Meena, Currently Posted
       At    SMS    Medical         College,       Jaipur      (General     Medicine
       Department)
7.     Jyoti Meena D/o Hansraj Meena, Currently Posted At JMC,
       Jhalawar         Medical         College,          Jhalawar        (Paediatric
       Department)
                                                                   ----Respondents

For Petitioner(s) : Ms.Purvi Mathur, Adv. For Respondent(s) : Dr.V.B.Sharma, AAG with Mr.Harshal Tholia, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

(2 of 4) [CW-16716/2022]

21/11/2022

The grievance raised by the petitioner in the present writ

petition is in respect of non-consideration of her case for Senior

Resident-ship in Subject M.D. Psychiatry.

The petitioner has alleged that certain candidates, who were

also not having the eligibility, were given appointment by the

respondents.

This Court in S.B.Civil Writ Petition No.12611/2022 (Dr.

Nishant Gopaal and Ors. Vs. State of Rajasthan & Ors.)

decided on 10.11.2022 has already considered the issue relating

to allotment of seats to the candidates, as per order dated

12.07.2022 and Notification dated 04.08.2022.

This Court has further held that all the appointments made in

violation of criteria laid down in order dated 12.07.2022, are bad

& illegal and the State Government has been directed to take

denovo exercise of appointment.

This Court, deems it proper to quote the operative portion of

the order dated 10.11.2022 passed in the case of Dr. Nishant

Gopaal and Ors. Vs. State of Rajasthan & Ors. (supra) as

under:-

"1. The impugned order dated 12.07.2022 and notification dated 04.08.2022 do not suffer from any illegality.

2. The prayer of the petitioners to offer them job commensurating with their qualification, is not accepted.

3. The action of the State Government of violating its own order dated 12.07.2022 and subsequent notification dated 04.08.2022, is not approved by this Court.

           4.   The    respondents-State              would       proceed   to
           appoint      the     petitioners          and     other    eligible


                                          (3 of 4)                        [CW-16716/2022]

candidates, as per the terms and conditions of preparing the merit as per order dated 12.07.2022 on the basis of rank/merit option of the candidates in NEET PG Examination.

5. The State Authorities will carry out the exercise of making appointment as per the Counselling Board constituted by them, by order dated 22.07.2022, as per the criteria laid down in order dated 12.07.2022 and reiterated in the order dated 27.09.2022.

6. The action of the respondents-State of retention of original documents of the petitioners is declared bad and the same is quashed. The respondents are directed to return the original documents of the petitioners within a period of three weeks from the date of receipt of this order.

7. Any appointment made in violation of the criterion laid down in the order dated 22.07.2022 is declared bad and the State Government is required to undertake denovo exercise of appointment, as per order dated 12.07.2022, notification dated 04.08.2022 and subsequent order dated 27.09.2022.

8. The respondents-State would be free to proceed in accordance with law for violation of any condition of bond or undertaking for effecting recovery of money against the petitioners.

The present writ petitions are accordingly disposed of in the light of above discussions. No order as to costs."

This Court, in view of the judgment passed in the case of Dr.

Nishant Gopaal and Ors. Vs. State of Rajasthan & Ors.

(supra), does not require to adjudicate the matter on merits and

(4 of 4) [CW-16716/2022]

accordingly the directions given in the order dated 10.11.2022,

will be made applicable to the present case as well.

Accordingly, the present writ petition stands disposed of.

(ASHOK KUMAR GAUR),J Monika/8

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