Dr. Rashmi Agarwal vs State Of Rajasthan
2023 Latest Caselaw 4555 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6267/2023

1. Dr. Rashmi Agarwal D/o Shri Ramesh Kumar Agarwal, Aged About 28 Years, R/o 50, Near Gayatri Mandir, Radha Bag Colony, Chomu, Jaipur, Rajasthan. (Presently, Posted As Senior Resident Of Dr. S.s. Tantia Medical College, Hospital And Research Centre Sri Ganganagar).

2. Dr. Rahul Lamba S/o Shri Jaipal Singh Lamba, Aged About 30 Years, R/o Hameeri Kalan, Jhunjhunu, Rajasthan.

3. Dr. Monika Bajiya D/o Shri Sultan Ram, Aged About 28 Years, R/o Mehtawali, Tapilya, Sikar, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Directorate Of Medical Education, Government Of Rajasthan, Jaipur.

2. The Director, Rajasthan Medical Education Society, Sethi Colony, Chikitsa Shiksha Bhawan, Jaipur.

3. Chairman, D.m/m.ch/m.d./m.s. Candidates Allotment Board, 2022, Ruhs, College Of Dental Science, Subhash Nagar, Behind T.b. Hospital, Jaipur.

4. Dr. Shiv Kumar Sharma S/o Shri Nand Kishore Sharma, C/o Chairman, D.m/m.ch/m.d./m.s. Candidates Allotment Board, 2022, Ruhs, College Of Dental Science, Subhash Nagar, Behind T.b. Hospital, Jaipur.

5. Dr. Arvind S/o Shri Madrupa Ram, C/o Chairman, D.m/m.ch/m.d./m.s. Candidates Allotment Board, 2022, Ruhs, College Of Dental Science, Subhash Nagar, Behind T.b. Hospital, Jaipur.

----Respondents

For Petitioner(s) : Mr.Lokesh Mathur.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/05/2023

(2 of 2) [CW-6267/2023]

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that

appointment to the post of Senior Resident to the extent of 10%

of the total seats are being done on the basis of criteria laid down

in the order dated 21.03.2023. He submits that the criteria for

assigning the inter-se merit on the basis of a candidate having

higher age will be considered higher in merit is in violation of the

settled principles of law. To buttress his contention, learned

counsel for the petitioners relies upon the judgment of Delhi High

Court in the case of the Commissioner Municipal Corporation

of Delhi v/s Shashi reported in 2009 ) Supreme (Del) 966.

The matter requires consideration.

Issue notice. Issue notice of stay application also, returnable

on 29.05.2023.

The notices be given dasti as well.

Additionally, the counsel for the petitioners shall be at liberty

to serve a copy of the writ petition upon the standing counsel for

the respondent department.

In the meanwhile and till the next date of hearing, no

appointment in the category of 10% seats of Senior Resident as

reflected in point No.4 of the order dated 21.03.2023 and merit

list prepared in furtherance thereof of on 29.04.2023 (Annex.6)

shall be made.

(VINIT KUMAR MATHUR),J 70-AnilSingh/-

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