Narain Lal vs State Of Rajasthan (2023:Rj-Jd:44317)
2023 Latest Caselaw 10834 Raj

Citation : 2023 Latest Caselaw 10834 Raj
Judgement Date : 18 December, 2023

Rajasthan High Court - Jodhpur

Narain Lal vs State Of Rajasthan (2023:Rj-Jd:44317) on 18 December, 2023

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2023:RJ-JD:44317]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 19374/2023

1.       Narain Lal S/o Shri Shankar Lal, Aged About 34 Years,
         R/o Meghwalo Ka Tala, Mangta, District Barmer.
2.       Ganpat Gandher S/o Shri Chhuga Ram Gandher, Aged
         About 34 Years, R/o Village Ramsar, District Barmer.
3.       Subhash S/o Shri Rakesh Kumar, Aged About 26 Years,
         R/o Bapu Colony, District Barmer.
                                                                   ----Petitioners
                                     Versus
1.       State Of Rajasthan, Through The Secretary, Medical And
         Health Services, Government Of Rajasthan, Secretariat,
         Jaipur.
2.       The Director, Medical And Family Welfare, Government Of
         Rajasthan, Jaipur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Rakesh Arora.
For Respondent(s)         :     --



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/12/2023

Learned counsel for the petitioners submitted that the

controversy involved in the present writ petition stands covered by

the judgment of a coordinate Bench of this Court in S.B. Civil Writ

Petition No.14080/2023 titled as Rajendra Kumar Beniwal Vs.

State of Rajasthan and other connected matters (decided on

16.11.2023).

The operative portion of the order dated 16.11.2023 is

reproduced hereinbelow for ready reference:-

[2023:RJ-JD:44317] (2 of 3) [CW-19374/2023]

"15. Upon such submissions having been made and while keeping into consideration the order passed by the Division Bench at Jaipur of this Hon'ble Court in Bhanwar Kumar Bagaria (Supra) as well as the assurances given by learned Advocate General, this Court deems it appropriate to give the following directions :-

A. All the representations shall be properly organized by the State to have a proper and elaborate consideration of the same. B. In case any of the petitioner has failed to file the representation, it shall be open for the petitioner or any other affected person by the advertisements for the recruitment of Nursing and Paramedical Officers etc. to file such representation within a period of 20 days from today alongwith certified/web copy of this order.

C. Such representations shall be considered by the State while keeping into consideration the policy decision taken by the State on 03.11.2023 and the deliberations regarding the issues in question. D. The State shall be required to take a considered stand on each of the broader controversy before publishing the final select list, after considering the grievance raised in such representations. E. It shall be open for the petitioners to approach this Court again after the State has applied its mind on the representations and passed appropriate speaking orders strictly in accordance with law. F. The State shall strictly adhere to the Rule 19 of the Rules of 1965 while deciding all these representations.

G. The decision taken by the State shall be uploaded on the website.

H. In case any issue beyond the policy decision dated 03.11.2023 also remains, the petitioners shall be at liberty to file representations within a period of 20 days from today alongwith certified/web copy of this order, which shall also be considered appropriately by the respondent-State.

I. In case the matters come back to this Court, it shall be open for the both parties to raise all their issues as this Court has not entered into the merits of the controversy while passing today's order."

In view of the aforesaid submission and while following the

the order passed by the Division Bench at Jaipur of this Court in

[2023:RJ-JD:44317] (3 of 3) [CW-19374/2023]

Bhanwar Kumar Bagaria & Ors. Vs. The State of Rajasthan &

Ors. (D.B. Civil Writ Petition No.5980/2022) , the present writ

petition is disposed of with a direction to the respondents to

consider and decide the representation, to be submitted by the

petitioners within 15 days of this order, keeping into consideration

the policy decision taken by the State on 03.11.2023.

It is, however, made clear that the decision taken by the

State upon representation filed by the petitioners shall be

uploaded on the website.