Citation : 2023 Latest Caselaw 5190 Raj
Judgement Date : 24 May, 2023
[2023/RJJD/017135] (1 of 2) [CW-7108/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7108/2023
Manju Chohan D/o Jile Singh, Aged About 30 Years, R/o Anupshahar, Tehsil Bhadra, District Hanumangarh (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health, Secretariat, Jaipur.
2. Additional Director (Administration), Medical And Health Services, Tilak Marg, Jaipur.
3. Chief Medical And Health Officer, Hanumangarh.
----Respondents
For Petitioner(s) : Mr. Manjeet Godara
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order
24/05/2023
1. Learned counsel for the petitioner states that the
respondents are bound to abide by judgment passed by Jaipur
Bench of this Hon'ble court in Priyanka Saini & Ors. V/s State
of Rajasthan & Ors. (S.B.Civil Writ Petition No.1766/2017),
decided on 01.05.2017, the operative portion of this judgment,
reads as under:-
"following the view formulated by the coordinate Bench in the case
of Rajkumar & Ors. (supra), the present writ petitions are
disposed of by issuing following directions:-
"(i) That the respondents shall issue a public notice in "Rajasthan Patrika' and 'Dainik Bhaskar' having largest circulation in the State of Rajasthan, within ten days from the receipt of certified copy of the order.
(ii) That the respondents in the public notice shall also disclose number of vacancies available in each district.
[2023/RJJD/017135] (2 of 2) [CW-7108/2023]
(iii) That the respondents in the public notice to be issued in pursuance of directions issued above, shall seek option of candidates district- wise. Needless to say, a meritorious candidate shall first give option for his/ her home district and then shall give his/ her preference for remaining districts serial-wise.
(iv) That the respondents, after meritorious candidates are allowed to exercise option for his/her home district and posts are filled on that basis, shall allocate remaining posts in other districts to successful candidates on the basis of merit.
(v) It is clarified that no candidate lower in merit will be allowed to jump a candidate who is meritorious. So far employment is concerned, all candidates in merit list shall be allocated a district.
(vi) That respondents shall device a formula to act in consonance with the directions issued by this court above so that no meritorious person is left out of the employment".
2. Learned counsel for the petitioner submits that the petitioner
may be permitted to file a representation before the respondents
in the light of judgment rendered by this court in the case of
Priyanka Saini (supra) for redressal of the grievance of the
petitioner.
3. In view of above, the present writ petition is disposed of in
terms that in the event of filing a representation by the petitioner,
the same shall be considered by the respondents at the earliest
preferably within a period of eight weeks from the date of receipt
of certified copy of this order, strictly in accordance with law.
4. The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the petitioner
would be entitled to the relief.
(VINIT KUMAR MATHUR),J 96-SanjayS/-
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