Ritu Shree vs State Of Rajasthan ...
2023 Latest Caselaw 3502 Raj

[2023/RJJD/011674]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5197/2023

1. Ritu Shree D/o Shri Pradeep Kumar, W/o Dr. Shri Vishvendra Singh, Aged About 32 Years, R/o Near Hanuman Ghari, Ward No. 6, Khetri, Jhunjhunu (Raj.).

2. Dr. Narendra Kumar S/o Shri Shiv Karan, Aged About 32 Years, R/o Bhuchawas, Churu (Raj.).

3. Dr. Deep Chand Saini S/o Shri Banwari Lal Saini, Aged About 32 Years, R/o Dhani Mehtawali, Gram Hanuman Nagar, Choukari Teh, Sri Madhopur, Guhala, Sikar (Raj.).

4. Dr. Prashant Kumar Meena S/o Shri Shivram Meena, Aged About 32 Years, R/o Village Gazipur, Bijwari, Bharatpur (Raj.).

5. Dr. Rohit Kumar Serawat S/o Shri Lalchand Serawat, Aged About 32 Years, R/o 42, Sherawato Ki Dhani, Tehsil Amer, Chetawala, Jaipur (Raj.).

6. Dr. Chandra Prakash Kumawat S/o Shri Kalu Ram Kumawat, Aged About 35 Years, R/o 124, Kalali Kothi, Gram Khaniya, Khariya, Heerani, Nagaur (Raj.).

7. Dr. Amit Kumar S/o Shri Disukh Rai, Aged About 37 Years, Ward No.29, Near New Water Works, Nh 65, Hisar Road, Rajgar, Churu (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

For Petitioner(s) : Mr. Lokesh Mathur

[2023/RJJD/011674] (2 of 3) [CW-5197/2023]

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

24/04/2023

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

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

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

[2023/RJJD/011674] (3 of 3) [CW-5197/2023]

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.

Connect with S.B. Civil Writ Petition No.4302/2023.

(VINIT KUMAR MATHUR),J 121-/Vivek/-

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