Rajasthan High Court
Yogendra Malviya S/O Shri Madan ... vs State Of Rajasthan on 18 January, 2023
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Writ Miscellaneous Application No. 129/2022
Yogendra Malviya S/o Shri Madan Lal Malviya, Aged About 34
Years, R/o 2/71, Vidyadhar Nagar, Jaipur (Raj.)
----Applicant/Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Medical
And Health Services, Govt. Secretariat, Jaipur.
2. The Director, Medical And Health Service, Swasthya
Bhawan, Tilak Marg, C-Scheme, Jaipur.
----Non-Applicant/Respondents
For Petitioner(s) : Mr. Manish Parihar, Adv. for
Mr. Tanveer Ahamad, Adv.
For Respondent(s) : Dr. V.B. Sharma, AAG
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
18/01/2023
This application has been filed for recalling the order
dated 29.03.2022 passed by this Court by which the writ petition
filed by the petitioner has been dismissed in the light of the Larger
Bench reference judgment dated 04.08.2020.
Counsel submits that the petitioner has filed the writ
petition with the following prayer:-
"It is, therefore, humbly prayed that Your Lordship may
graciously be pleased to accept and allow this writ petition
and by an appropriate writ, order or direction:-
1. The impugned amendment notification dated 22.12.2015
may kindly be declared ultra vires of the Constitution of India
and accordingly be quashed and set aside and may be
ordered not to apply/ implemented in reference to the
recruitment to be made in pursuant to the advertisement
dated 09.03.2018 and accordingly such result dated
24.07.2018 of the post of Medical Officer (Dental) may kindly
be quashed and set aside. The excessive reservation granted
to the divorcee candidates may be quashed and set aside.
(2 of 3) [WMAP-129/2022]
2. The respondents may also be directed to follow the roster
points as per the model roster issued by the State
Government and instead of 56 posts the unreserved category
may be provided 58 posts out of 113 posts.
3. The candidate selected contrary to the condition of the
advertisement under the qualification 'nsoukxjh fyfi esa fy[kh fgUnh
dk O;ogkfjd Kku ,oa jktLFkku dh laLd`fr dh Kku' may be declared
arbitrary and illegal.
4. Any other appropriate order, which may be found just and
proper in the facts and circumstances of the case, be passed
in favour of the petitioners.
5. Cost of writ petition may be awarded in favour of the
petitioners."
Counsel submits that the Larger Bench reference in
D.B. Civil Reference No. 6/2022 was confined to the prayer No. 1
only. Counsel submits that though the reference was answered
negative by the Larger Bench of this Court vide judgment dated
04.08.2020. Counsel submits that in spite of the decision of the
Larger Bench on prayer No. 1, still the rest of the prayer
(paragraph Nos. 2 to 5) survives and the matter requires
consideration on merits. So under these circumstances the order
dated 29.03.2022 passed by this Court be recalled and the writ
petition may kindly be restored to its original number.
Counsel for the respondent has opposed the prayer
made by the counsel for the petitioner and he is fair enough to
admit the fact that the reference before the Larger Bench was
confined to prayer No. 1 only and rest of the prayer requires
consideration on merits.
Heard and considered the submissions of the parties
and perused the material available on record.
From the bare perusal of the prayer claimed in the writ
petition, it is clear that the reference before the Larger Bench was
confined to prayer No. 1 only and the rest of the prayer is required
required to be decided on merits.
(3 of 3) [WMAP-129/2022]
In view of the above discussions, application stands
allowed. Order dated 29.03.2022 passed in this petition stands
recalled and the writ petition is restored to its original number.
Office is directed to proceed further in this matter.
(ANOOP KUMAR DHAND),J
MR30
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