Dr. Omprakash vs State Of Rajasthan
2023 Latest Caselaw 2919 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4839/2023

1. Dr. Omprakash S/o Shri Tarachand, Aged About 37 Years, 1105, Bilara Road Ke Pass, Atpara, Pali (Raj.).

2. Dr. Gaurav Joshi S/o Shri Vinod Joshi, Aged About 35 Years, 7-Sa-2, Pawanpuri, South Extension, Bikaner (Raj.).

3. Dr. Devaram S/o Shri Hakaram, Aged About 33 Years, Desuri, Gajnipura, Pali (Raj.).

4. Dr. Rishi Mathur S/o Shri Prakash Narayan, Aged About 33 Years, Sharma Colony, Near Bangali Mandir, Sharma Colony, Rani Bazar, Bikaner (Raj.).

5. Dr. Sanjay Jagarwal S/o Shri Bhanwar Lal, Aged About 34 Years, Kekri, Kajipura Jaipur Road, Ajmer (Raj.).

6. Dr.meena Patawat D/o Shri Devidan Patawat, Aged About 34 Years, Vimalji Ki Badi, Karni Colony, Nagaur (Raj.).

7. Dr. Varsha Sankhala W/o Shri Pawan Kumar, Aged About 31 Years, 181/b/27-1, Shanti Bhawan, Moti Vihar Colony, Pushkar Road, Ajmer (Raj.).

8. Dr. Mahipal Nehra S/o Shri Harlal Singh Mehra, Aged About 40 Years, Choudhary Charan Singh Nagar, Sikar (Raj.).

9. Dr. Vikash Sharma S/o Shri Sanwar Mal, Aged About 40 Years, 179, Shri Gopal Nagar, Ganesh Marg, Near Gopalpura Byepass, Jaipur (Raj.).

10. Dr. Laxmi D/o Ladhoo Ram Vishnoi, Aged About 32 Years, Bhaduvo Ki Dhaani, Sudaberi Khurd, Barmer (Raj.).

11. Dr. Nasiba Khan S/o Nasru Khan, Aged About 39 Years, Ladiyaka, Bharatpur (Raj.).

12. Dr. Suhani Sharma D/o Shri Vijay Sharma, Aged About 35 Years, Near Old Bus Stand, Chomal Market, Mandrela, Jhunjhunun (Raj.).

13. Dr. Satyendra Sonkariya S/o Shri Kanhaiya Lal, Aged About 34 Years, 9, Abhinandan Complex, Udaipur (Raj.).

14. Dr. Omendra Singh Chauhan S/o Shri Vinay Pal, Aged About 33 Years, Azad Nagar Riico, Jhunjhunun (Raj.).

15. Dr. Aditya Singh Rathore S/o Shri Ganga Singh, Aged About 34 Years, 241-A, Near Ganesh Temple, Tara Nagar-

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A, Jhotwara, Jaipur (Raj.).

16. Dr. Radheshyam S/o Shri Nirbhay Singh, Aged About 34 Years, Kot, Bharatpur (Raj.).

17. Dr. Bajrang Lal Yadav S/o Shri Ramlal Yadav, Aged About 32 Years, Dhani-Kali Kothi, Ward No. 2, Shahpura, Jaipur (Raj.).

18. Dr. Motiram Binda S/o Shri Madhuram, Aged About 34 Years, 113, Naina Ki Dhani, Jawla, Khedi Khiwanshi, Jawla, Nagaur (Raj.).

19. Dr. Ramanuj Maharshi S/o Shri Girdhari Lal Maharshi, Aged About 44 Years, Har Desar, Ratangarh, Churu (Raj.).

20. Dr. Garima Choudhary D/o Shri Krishan Choudhary, Aged About 34 Years, 20/181, Kaveri Path, Mansarovar, Jaipur (Raj.).

21. Dr. Abhinav Kakkar S/o Shri Jagdish Prasad Kakkar, Aged About 34 Years, 68/164 Pratap Nagar, Jaipur (Raj.).

22. Dr.manoj Lodha S/o Shri Ramnarayan Lodha, Aged About 40 Years, C-240, Ahinsa Marg, Panchsheel Colony, Ajmer (Raj.).

23. Dr. Premchand Malakar S/o Shri Manga Ram Mali, Aged About 43 Years, 265, Shiv Nagar I, Scheme No. 15-A, Murlipura, Jaipur (Raj.).

24. Dr. Akhil Kumar Saini S/o Shri Chhuttan Lal Saini, Aged About 34 Years, Chandji Wali Dhaani, Ward No. 2, Chomu, Jaipur (Raj.).

25. Dr. Nirmala Royal W/o Shri Dushyant Basera, Aged About 36 Years, 143, Near Krishna Mandir, Bhagat Ki Kothi, Jodhpur (Raj.).

26. Dr. Narendra Fageria S/o Shri Bhagwan Singh, Aged About 34 Years, Bhadwasi, Sikar (Raj.).

27. Dr. Vishesh Singh S/o Shri Ravindra Singh, Aged About 35 Years, F-2/218, Ganesh Nagar Main, Niwaru Road, Jaipur (Raj.).

28. Dr. Ankit Sharma S/o Shri Mahesh Kumar Sharma, Aged About 32 Years, 3, Veterinary Hospital Ke Saamne, Harmada, Jaipur (Raj.).

29. Dr. Sandeep Sharma S/o Rohitash Sharma, Aged About 36 Years, Dhingaria, Vaya Jakhod, Chirawa, Jhunjhunu

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(Raj.).

30. Dr. Jaiprakash Gupta S/o Shri Chotu Lal Gupta, Aged About 36 Years, Flat No. 501, Block D 3, Mahalaxmipuram, Borkhandi, Kota (Raj.).

31. Dr. Kishan Machhwal D/o Shri Ramjilal, Aged About 33 Years, Plot No. 11, Nirmal Vihar, Dadi Ka Phatak, Jhotwada, Jaipur (Raj.).

32. Dr. Sunil Choudhary S/o Shri Venaram Choudhary, Aged About 32 Years, 10, Near Girls School, Dhanla, Teh. Marwar Junction, Pali (Raj.).

33. Dr. Pawan Kumar Jangid S/o Shri Ram Gopal Jangid, Aged About 40 Years, Makarwali Road, Balaji Nagar, Ajmer (Raj.).

34. Dr. Kamlesh Kumar Meena S/o Shri Phaili Ram, Aged About 33 Years, Dharanwas, Dausa (Raj.).

35. Dr. Chiman Lal Maida S/o Shri Prem Singh Maida, Aged About 31 Years, Vadlipara, Kushalgarh, Banswara (Raj.).

36. Dr. Priyanka Dave W/o Koshal Kumar Dave, Aged About 36 Years, 306, Sanjivani Residency, Paota C Road, Jodhpur.

37. Dr. Dinesh Kumar Chanda S/o Rajaram Meena, Aged About 36 Years, Karmoda Ka Jhopada, Karmoda, Sawai Madhopur (Raj.).

38. Dr. Sandeep Kumar Jangir S/o Dwarka Prasad Jangir, Aged About 33 Years, Malsar, Jhunjhunun (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Directorate Of Medical Education, Government Of Rajasthan, Jaipur.

2. The Director, Rajasthan Medical Education Society, Sethi Colony, Chikitsa Shiksha Bhawan, Jaipur.

3. Chairman, D.m/m.ch/m.d./m.s. Candidates Allotment Board, 2022, Ruhs, College Of Dental Science, Subhash Nagar, Behind T.b. Hospital, Jaipur.

                                                                  ----Respondents





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For Petitioner(s)         :     Mr. Lokesh Mathur

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/04/2023

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that the

petitioners are in service candidates who have completed their PG

Courses and they have been appointed as Senior Residents. The

petitioners are working at different places in pursuance of the

appointment orders issued in their favour. He submits that as per

the notification dated 12/07/2022 and 04/08/2022, they are

eligible to continue on the post of Senior Residents as they are

fulfilling all the requisite conditions. He submits that a challenge

was made by some persons before the Hon'ble Jaipur Bench by

way of filing writ petitions being SBCWP No.12611/2022 and other

connected matters which were decided vide order dated

10/11/2022 and thereafter by the Division Bench vide judgment

dated 09/12/2022. Learned counsel submits that a perusal of the

order dated 10/11/2022 and 09/12/2022 clearly shows that the

same is not applicable to the in-service candidates like the

petitioners. Despite there being no direction or order by the

Hon'ble Single Judge and Hon'ble Division Bench in the orders

dated 10/11/2022 and 09/12/2022, the respondents have issued

an order dated 21/03/2023, whereby services of the petitioners

will be terminated as per condition No.8. He submits that neither

any notice was given to the petitioners before passing the order

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dated 21/03/2023 nor the petitioners were party respondents

before the litigation at Jaipur. In these circumstances, he submits

that the services of the petitioners will be terminated without

following the principle of natural justice.

Matter requires consideration.

Issue notice. Issue notice of the stay application also,

returnable in four weeks.

In the meanwhile and until further orders, condition No.8 of

the order dated 21/03/2023 (Annex.12) shall remain stayed qua

the petitioners.

(VINIT KUMAR MATHUR),J 202-/SanjayS/-

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