Rajasthan High Court - Jodhpur
Sunita vs State Of Rajasthan (2023:Rj-Jd:41690) on 2 December, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:41690]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18796/2019
Tulsi Kumari D/o Shri Kaliya, Aged About 28 Years, R/o Village-
Patiya Galiya, Post- Bhalar Bhodar, Tehsil- Anandpuri, District-
Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Medical And
Health Services Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Director, Medical And Health Services, Jaipur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 17716/2019
Fulvanti Meena W/o Shri Bheru Lal, Aged About 25 Years, R/o
Village- Banjari (Bhatda), Post- Suhagpura, Tehsil- Pipalkhunt,
District- Pratapgarh.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Medical And
Health Services Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Director, Medical And Health Services, Jaipur.
----Respondents
S.B. Civil Writ Petition No. 18733/2019
Sunita D/o Shri Onkareshwar, Aged About 26 Years, R/o Village
Ramor Wadali, Post Surpur, Tehsil And District Banswara.
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Medical And
Health Services Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Director, Medical And Health Services, Jaipur.
----Respondents
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[2023:RJ-JD:41690] (2 of 3) [CW-18796/2019]
For Petitioner(s) : None present
For Respondent(s) : K.S. Rajpurohit, AAG a/w
Mr. Shreyansh Mehta
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/12/2023
1. Learned counsel for the respondents submits that the
controversy involved in these writ petitions is squarely covered by
the order rendered by the Division Bench of this Hon'ble Court in
the case of State of Rajasthan & Anr. Vs. Suman Khateek &
Ors. (D.B. Special Appeal Writ No.284/2020), decided on
16.03.2023 alongwith other connected matters. The order dated
16.03.2023 reads as under :-
"Shri M.S. Singhvi, Sr. Advocate-cum-Advocate General
appears for the State.
None present for the respondents apparently for the
reason that their counsel are abstaining from work pursuant
to the call given by the office bearers of the Bar Association.
Such nonappearance is clearly illegal and in breach of the
order of Hon'ble the Supreme Court in the case of Ex. Capt.
Harish Uppal Vs. Union of India & Anr. reported in (2003)2
SCC 45.
Shri M.S. Singhvi, learned Advocate General would point
out this Court that the issue as to whether, a candidate, who
has obtained registration subsequent to the last date for
submission of application form, is entitled to be treated as
eligible, is no longer res-integra. Referring to the judgment of
this Court in the case of State of Rajasthan & Ors. vs. Zaiba &
Ors. (D.B. Special Appeal (Writ) No.252/2019) decided on
24.04.2020, he would submit that it has now been settled that
if a candidate does not possess registration on or before the
[2023:RJ-JD:41690] (3 of 3) [CW-18796/2019]
last date of submission of application form, he cannot be
treated as eligible.
We have gone through the judgment passed in the case
of State of Rajasthan & Ors. vs. Zaiba & Ors. (supra).
The orders of the learned Single Judge proceed on the
order passed by the learned Single Judge in the case of Zaiba
& Ors. Since the judgment of the learned Single Judge has
now been reversed in the appeal filed by the State, as
referred to herein above in the case of State of Rajasthan &
Ors. vs. Zaiba & Ors. (supra), the orders under challenge in
these appeals, cannot be sustained in law.
Accordingly, all these appeals are allowed. The orders
impugned passed by the learned Single Judge are set aside
and the writ petitions are dismissed.
A copy of this order be placed in each file."
2. No one appears on behalf of the petitioners to refute the
applicability of the aforementioned judgment.
3. In light of aforequoted order, the present petitions are
dismissed in terms of the order passed in State of Rajasthan &
Anr. Vs. Suman Khateek & Ors. (Supra). Accordingly, the interim
order granted by this Court stands vacated.
4. All pending applications, if any, stand disposed of
accordingly.
(DR.PUSHPENDRA SINGH BHATI), J.
157-159-Sudheer
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