Nausad Ali vs State Of Rajasthan And Ors. ...
2023 Latest Caselaw 5791 Raj

[2023:RJ-JD:25316]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15376/2017

Nausad Ali S/o Shaukat Ali, R/o Behind Madina Masjid, Mohalla Bhistiyan, Bikaner

----Petitioner Versus

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

2. The Director, Medical And Health Services, Rajasthan, Jaipur.

3. Addl. Director Administration, Medical And Health Services, Rajasthan, Jaipur.

4. Chief Medical And Health Officer, Bikaner.

5. The Principal And Controller, Sardar Patel Medical Collage, Bikaner.

----Respondents

For Petitioner(s) : Ms. Anjali Kaushik For Respondent(s) : Ms. Vrinda Samdani for Ms. Vandana Bhansali

JUSTICE DINESH MEHTA Order

10/08/2023 I.A. No.2/2023:

1. The application seeking early listing of the matter is allowed

as the issue involved in the present writ petition stands covered

by the judgment passed by this Court in the case of Ashok Kumar

Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition

No.21465/2017.

2. The matter is taken up for consideration today itself.

S.B. Civil Writ Petition No. 15376/2017:

1. Learned counsel for the petitioner submits that the

controversy in question has already been decided in the matter of

[2023:RJ-JD:25316] (2 of 2) [CW-15376/2017]

Ashok Kumar Vs. State of Rajasthan & Ors. (S.B. Civil Writ

Petition No. No.21465/2017) and other connected matters.

2. Learned counsel for the respondents does not dispute the the

legal position as stated above.

3. In view of the ratio as laid down in Ashok Kumar's case

(supra), the present writ petition is also allowed. The impugned

order dated 17.11.2017 is quashed. The petitioner is held entitled

to continue in service with consequential benefits. However, he

shall be placed at the bottom of the revised merit list.

4. All the pending applications shall also stand disposed of.

(DINESH MEHTA),J

204-Ramesh/-

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