Mohd. Sadeek Shah vs The State Of Rajasthan ...
2023 Latest Caselaw 8423 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15800/2023

1. Mohd. Sadeek Shah S/o Mustak Shah, Aged About 34 Years, R/o House No. 11, Ward No. 10, Jalasar, Jamsar, Bikaner, District Bikaner (Raj.).

2. Rajkumar Meghwal S/o Sh. Prabhu Ram Meghwal, Aged About 44 Years, R/o Choutina Kuwa, Bhinasar (Rural), Bikaner (Raj.).

3. Mohanram S/o Sh. Danaram, Aged About 39 Years, R/o Ward No. 10, Lalam Desar Bara, Bikaner, District Bikaner (Raj.).

4. Daleep S/o Sh. Arjan Ram, Aged About 35 Years, R/o 48, Jaton Ka Bas, Rolasar, Tehsil Sardarshahar, District Churu (Raj.).

5. Ramnivas S/o Sh. Rameshwar Sevda, Aged About 36 Years, R/o Anoopgarh, District Anoopgarh (Raj.).

6. Prem Kumar S/o Sh. Gopal Ram, Aged About 29 Years, R/o Ghaniyasar, Naiyasar, Hanumangarh, District Hanumangarh (Raj.).

7. Santosh Kumar S/o Sh. Thakar Ram, Aged About 36 Years, R/o Ward No. 4, Arjunsar Station, Arjunsar, Bikaner, District Bikaner (Raj.).

8. Shakeel Ahmad Kohari S/o Sardar Ali Kohari, Aged About 37 Years, R/o Fci Godam Road, Opposite Udsar House, Major Puran Singh Nagar, Bikaner, District Bikaner (Raj.).

----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary Of Department Of Personnel (A Gr. Ii), Secretariat, Rajasthan Jaipur.

2. The Principal Health Secretary, Medical And Health Department, Rajasthan Jaipur.

3. The Director (Ph), Medical And Health Department, Swasthya Bhawan, Tilak Marg C-Scheme, Rajasthan Jaipur.

4. The Chief Medical And Health Officer, Bikaner, District Bikaner.

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5. The Project Director, Mukhyamantri Nishulak Janch Yojna, Rajasthan Jaipur.

6. The Secretary, Department Of Finance, Secretariat, Rajasthan Jaipur.

7. The Secretary, Administration Department, Secretariat, Rajasthan Jaipur.

----Respondents

For Petitioner(s) : Mr. Hamir Singh Sidhu

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

12/10/2023

1. Heard learned counsel for the petitioners.

2. The present writ petition has been filed with following

prayers:-

"It is, therefore, humbly and respectfully prayed that this

writ petition of the petitioners may kindly be allowed :-

A/ By an appropriate writ, order or direction, the respondent no. 4 Chief Medical & Health Officer, Bikaner may kindly be directed to send the name of the petitioners to the concern authority, as per the order dated 11.09.2023 (P/4) to be considered their candidature for appointment, as per the provisions of the Rajasthan Contractual Hiring to Civil Posts rules, 2022.

B/ By an appropriate writ, order or direction, the respondents may kindly be directed to consider the representation of the petitioners dated 29.09.2023 (P/6), in light of the order dated 19.07.2023 passed in SBCWP no. 483/2023 (Hitesh Kumar & Ors. vs.

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State of Rajasthan & Ors.) and pass an appropriate order.

C/ By an appropriate writ, order or direction, the respondents may kindly be directed to consider the candidature of the petitioners for appointment on the post of Assistant Lab Technician, as per the Rajasthan Contractual Hiring to Civil Posts Rules, 2022.

3. Learned counsel for the petitioners submits that the

controversy involved in the present writ petition is squarely

covered by a judgment of this Court rendered in S.B. Civil Writ

Petition No.483/2023 (Hitesh Kumar & Ors. Vs. State of

Rajasthan& Ors.) and other connected matters, decided on

19.07.2023 in the following terms:-

"8. Having regard to the rival stands, instead of deciding petitioners' entitlement at this stage, as the same would require factual determination of various aspects, all these writ petitions are disposed of with the directions to each of the petitioners to file his/her representation before the CMHO of his/her District,where they are/were engaged.

9. It will be required of the petitioners to file a copyof the advertisement, appointment letter by theCMHO or any other competent Government official and/or a copy of the contract.

10. The representation aforesaid be filed on or before 10.08.2023.

11. The concerned CMHO shall consider candidature of each of the petitioners separately in terms of the Rules of 2022, particularly Rule 3 of the Rules of 2022. He shall clearly indicate as to whether appointment of the petitioner was under scheme or project of the State Government and he/she was engaged through public advertisement. The CMHO

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shall decide the representation of the petitioners on or before 15.09.2023.

12. The concerned CMHO shall forward the list of all the candidates, who fulfill the conditions of the Rules of 2022, to the Director Medical Health.

13. The Director Medical & Health shall consolidate list so sent by all the CMHOs and recommend the names to the Finance Department for doing the needful in accordance with law.

14. Once, such list is received from the Director Medical & Health, the needful in accordance with law will be done by the Finance Department within a period of four weeks.

15. It is hereby made clear that this Court has not pronounced upon the eligibility or entitlement of any of the candidates under the Rules of 2022. In case any candidate has been engaged through placement agency, the concerned CMHO shall seek guidance from the State Government (Finance Department)and decide his/her case individually.

16. If final decision of the CMHO concerned or State Government is prejudicial to the rights of the petitioner(s), he/she/they will be free to take legal remedies in accordance with law.

17. Stay petitions also stand disposed of."

4. Learned counsel for the petitioners submits that the

petitioners may be permitted to file a representation to the

respondents afresh for redressal of their grievances in light of the

judgment rendered by this Court in the case of Hitesh

Kumar(supra).

5. In view of the submission made by the learned counsel for

the petitioners, the present writ petition is disposed of with a

direction to the respondents to decide the representation of the

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petitioners strictly in accordance with law, considering the

judgment rendered by this Court in the case of Hitesh

Kumar(supra), if the case of the petitioners stands on the same

footing.

6. 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

petitioners would be entitled to the relief.

7. Stay application also stands disposed of, accordingly.

(VINIT KUMAR MATHUR),J 290-Vivek/-

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