Indu Gupta And Anr vs State Of Raj And Ors
2023 Latest Caselaw 586 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 17448/2016

Smt Sheetal D/o Maha Singh, aged about 28 years, R/o Village
Ramsinghpura Post Manaka, Tehsil Mundawar, District Alwar.
                                                                     ----Petitioner
                                     Versus
1. The State of Rajasthan through Additional Director (Training)
Medical & Health Services, Swasthya Bhawan, Tilak Marg, Jaipur.
2. Chief Medical & Health Officer, Alwar.
3. Principal Medical Officer, Alwar.
                                                                  ----Respondents

Connected With S.B. Civil Writ Petition No. 16491/2016

1. Indu Gupta D/o Shri Banwarilal Gupta, aged 26 years, R/o 3- Ka-190, Shiwaji Park, Alwar Rajasthan.

2. Archana Bairwa D/o Shri Sohan Lal Bairwa, R/o D-137, Surya Nagar Alwar Rajasthan.

----Petitioners Versus

1. State of Rajasthan through Principal Secretary to the Government, Department of Medical & Health Services, Govt. of Rajasthan, Govt. Secretariat Jaipur.

2. Director, Medical and Health Services, Directorate, Jaipur.

3. Additional Director (Training), Directorate of Medical, Health and Family Welfare Services Rajasthan Jaipur.

4. Chief Medical Officer, Alwar Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ashish Saksena Mr. Hem Singh Rathore For Respondent(s) : Mr. Bharat Saini, AGC

HON'BLE MR. JUSTICE SAMEER JAIN Order

17/01/2023

1. Application (IA No.1/2022) has been filed for disposal

of the matter.

2. For the reasons stated in the application, the same is

allowed.

3. Learned counsel for the petitioner submits that the

controversy involved in the matter is squarely covered by order

(2 of 2) [CW-17448/2016]

dated 09.12.2020 passed in S.B. CWP No.9498/2020 titled as

Sunita & Ors. Vs. The State of Rajasthan & Ors. The relevant

portion of the said order reads as under:-

"1. Learned counsel for the petitioners submits that the controversy involved in the present writ petition is squarely covered by a decision dated 25.05.2017 passed by this court in S.B. Civil Writ Petition No.11443/2016 (Sunita Kumar Vs. State of Rajasthan & Ors.), which has been affirmed by Division Bench of this Court vide order dated 08.11.2017 in DB Special Appeal (Writ) No.925/2017 (State of Rajasthan & Ors. Vs. Sunila Kumari) and prays that similar relief be granted to the petitioners also.

2. Mr. Shreyansh Mehta, learned counsel for the respondents, is not in a position to dispute the aforesaid position of facts and law.

3. Following the judgment, in light of and with similar directions as given in the case of Sunita Kumri (supra), the present writ petition is allowed.

4. The respondents are directed to relieve the petitioners for undergoing the training and attend the classes of GNM Training Course and grant them study leave, as ordered by this Court in the case of Sunila Kumar (supra).

5. The stay application also stands disposed of accordingly."

4. Mr. Bharat Saini, learned AGC appearing for

respondent-State is not able to refute the applicability of above

referred judgment.

5. In light of the aforementioned order, this court is

inclined to allow the present writ petition. It is expected that the

respondents shall duly carry out compliance of this order within a

period of four weeks. Pending applications, if any, stand disposed

of.

(SAMEER JAIN),J

JKP/38-39

Powered by TCPDF (www.tcpdf.org)