Rajasthan High Court - Jodhpur

Munim Khan vs State Of Rajasthan on 26 September, 2023

Bench: Dinesh Mehta

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14886/2023

1. Munim Khan S/o Shri Missal Khan, Aged About 32 Years, At Present Working At Phc, Levda Block Kaman, Bharatpur, Rajasthan.

2. Samunkhan S/o Shri Ikbal, Aged About 31 Years, At Present Working At Phc Sahsan, Block Kaman Pahari, District Bharatpur.

3. Bhupendra Kumar S/o Shri Dharam Singh, Aged About 26 Years, At Present Working At Phc Nonera, Block Kaman, District Bharatpur.

4. Vishnu Kumar Yadav S/o Shri Veerchand, Aged About 31 Years, At Present Working At Phc Ghatmika, Block Kaman Pahari, District Bharatpur.

5. Ravi S/o Shri Virendra, Aged About 27 Years, At Present Working At Phc, Bilond, Block Kaman, District Bharatpur.

6. Mohammed Rashid S/o Shri Sorab, Aged About 31 Years, At Present Working At Phc Gadhajan, Block Kaman, District Bharatpur.

7. Rashid S/o Shri Shorab, Aged About 22 Years, At Present Working At Phc, Andhwari, Block Kaman Pahari, District Bharatpur.

8. Naurat Ram S/o Ganpat Lal, Aged About 32 Years, At Present Working At Chc Raipur, Block Raipur, District Pali.

9. Dev Raj S/o Babu Singh, Aged About 36 Years, At Present Working At Chc Raipur, Block Raipur, District Pali.

10. Rajendra Singh S/o Laxman Singh, Aged About 32 Years, At Present Working At Chc Raipur, Block Raipur, District Pali.

11. Digvijay Singh S/o Devi Singh, Aged About 32 Years, At Present Working At Phc, Pipliya Kallan, Block Raipur, District Pali.

12. Jagdish S/o Raju Ram, Aged About 24 Years, At Present Working At Chc, Bar, Block Raipur, District Pali.

13. Shyam Sundar S/o Jagdish Prasad, Aged About 32 Years, At Present Working At Mjm Hospital, Pmo, Hanumangarh.

14. Suresh S/o Kallu Ram, Aged About 37 Years, At Present Working At Chc Sumerpur, Block Sumerpur, District Pali.

15. Kishore Kumar S/o Narayan Das, Aged About 39 Years, At Present Working At Chc, Sumerpur, Block Sumerpur, District Pali.

16. Raj Guru S/o Bhanwar Lal, Aged About 26 Years, At Present Working At Chc, Deh Nagar, District Nagaur.

17. Arvind Kumar S/o Hasta Ram, Aged About 30 Years, At Present Working At Govt. General Hospital, Jalore.

18. Farukh Khan S/o Munna Khan, Aged About 26 Years, At

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Present Present Working At Phc Jhalatala, Block Phusawar, District Bharatpur.

19. Virendra Kumar Sharma S/o Gopi Ram Sharma, Aged About 40 Years, At Present Working At Late Kehri Singh Pandey Chc Bhusawar, District Bharatpur.

20. Bhagwan Singh Saini S/o Murarai Lal Saini, Aged About 34 Years, At Present Working At Late Kehri Singh Pandey Chc Bhusawar, District Bharatpur.

21. Devendra Barupal S/o Dharma Ram, Aged About 27 Years, At Present Working At Chc, Deh, District Nagaur.

22. Sunil Jajra S/o Poona Ram, Aged About 26 Years, At Present Working At Chc, Deh, District Nagaur.

23. Mahendra Ram Prajapat S/o Pancha Ram, Aged About 26 Years, At Present Working At Chc, Gotan, District Nagaur.

24. Rajendra Khoja S/o Sangram, Aged About 27 Years, At Present Working At Chc, Rol, District Nagaur.

25. Sunil Kumar Valmike S/o Ramniwas Valmike, Aged About 29 Years, At Present Working At Chc, Molasar, Kuchaman, Deedwana.

26. Arvind Ghandhi S/o Nand Lal Ghanchi, Aged About 35 Years, At Present Working At Chc, Kuchera, Nagaur.

27. Dinesh Barupal S/o Kailash Barupal, Aged About 23 Years, At Present Working At Chc, Tarnau, District Nagaur.

28. Prakash Meghwal S/o Baldev Ram Meghwal, Aged About 26 Years, At Present Working At Phc, Farrod, District Nagaur.

29. Brij Gopal Panwar S/o Khiv Raj, Aged About 33 Years, At Present Working At Chc, Rol, District Nagaur.

30. Premsukh S/o Babu Lal, Aged About 21 Years, At Present Working At Phc Manglod, District Nagaur.

31. Renu Pandey S/o Rajendra Kumar, Aged About 40 Years, At Present Working At Phc, Churi, District Jhunjhunu.

32. Rakesh Kumar S/o Sanwar Mal, Aged About 40 Years, At Present Working At Phc, Vahidpura, District Jhunjhunu.

33. Anil Kumar S/o Vijendra Singh, Aged About 33 Years, At Present Working At Phc, Hetamsar, Block Mandawa, District Jhunjhunu.

34. Sunil Kumar S/o Amarchand, Aged About 39 Years, At Present Working At Phc, Bhadurwas, Jhunjhunu.

35. Guma Ram S/o Deda Ram, Aged About 24 Years, At Present Working At Phc, Sirana, Block Sayla, District Jalore.

36. Pankaj Pawar S/o Gewar Chand, Aged About 37 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Sdh Balotra District Barmer, Rajasthan

37. Nawaj Shareeph S/o Babu Khan, Aged About 27 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Sdh

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Balotra District Barmer Rajasthan.

38. Govind Kumar S/o Uttama Ram, Aged About 30 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Govt Medical College Barmer Rajasthan.

39. Motaram Dhanaday S/o Jetaram Dhanaday, Aged About 27 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Govt Medical College Barmer Rajasthan.

40. Roshan Khan S/o Bhupat Khan, Aged About 27 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Govt Medical College Barmer, Rajasthan

41. Kamlesh Soni, Aged About 40 Years, Working As Computer Operator ( Ihms) At Govt Medical College Barmer .

42. Dashrath Singh S/o Bag Singh, Aged About 21 Years, Working As Computer Operator (Ihms) At Govt Medical College Barmer .

43. Om Prakash S/o Bhoora Ram, Aged About 33 Years, Working As Computer Operator (Ihms) At Govt Medical College Barmer .

44. Sawai Lal S/o Ganesha Ram, Aged About 22 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Govt Medical College Barmer Rajasthan.

45. Sunil S/o Tila Ram, Aged About 22 Years, Working As Working As Sawasthy Maragdarsak (Mmcsby) At Govt Medical College Barmer Rajasthan.

46. Himmtha Ram S/o Jagu Ram, Aged About 26 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Govt Medical College Barmer Rajasthan

47. Radha W/o Kamlesh Kumar, Aged About 34 Years, Working As Swasthya Maragdarsak (Mmcsby) At Chc Baytu, Barmer.

48. Kanu Bai W/o Mula Ram, Aged About 25 Years, Working As Swasthya Maragdarsak (Mmcsby) At Chc Baytu, Barmer.

49. Hitesh Borana S/o Balkishan Borana, Aged About 23 Years, Working As Swasthya Maragdarsak (Mmcsby) At Sdh Hospital. Sojat City Pali (Raj.)

50. Ashwini Nath S/o Kishan Nath, Aged About 22 Years, Working As Swasthya Maragdarsak (Mmcsby) At Sdh Hospital, Sojat City Pali (Raj.)

51. Sunil Chitara S/o Bhanwar Lal Chitara, Aged About 25 Years, Working As Swasthya Maragdarsak (Mmcsby) Sdh Hospital, Sojat City Pali (Raj.)

52. Ghanshyam Rathore S/o Ganpat Lalm, Aged About 45 Years, Working As Swasthya Maragdarsak (Mmcsby) Sdh Hospital. Sojat City Pali (Raj.)

53. Radheshyam Khatik S/o Harchand Khatik, Aged About 35 Years, Working As Sawasthy Margdarshak (Mmcsby) At

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Chc Pushkar District Ajmer Rajasthan.

54. Patta Ram S/o Kewala Ram, Aged About 32 Years, Working As Sawasthy Maragdarsak (Mmcsby) At Govt Medical College Barmer Rajasthan.

55. Ashish Upadhyay S/o Lalita Prashad Sharma, Aged About 33 Years, Working As Swasthya Margdarshak (Mmcsby) At Swantantra Sainani Shivraj Singh Rajkiya District Hospital, Karauli.

56. Mahesh Chand Lodha S/o Madan Mohan Lodha, Aged About 30 Years, Working As Swasthya Margdarshak (Mmcsby) At Swantantra Sainani Shivraj Singh Rajkiya District Hospital Karauli.

57. Vijendra Singh Gurjar S/o Dharam Singh Gurjar, Aged About 37 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc- Kemri Block Gudhachandra Ji District- Gangapur City.

58. Pintu Prajapat S/o Ramcharan Prajapat, Aged About 29 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc, Suroth Block Hindaun City Karauli, District Karauli.

59. Durgesh Singh Gurjar S/o Syodan Singh Gurjar, Aged About 30 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc Shree Mahaveer Ji Block Hindaun City Karauli District Karauli.

60. Roshan Lal Kumhar, Aged About 27 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc Todhabhim, District Gangapur City.

61. Devendra Kumar Sharma S/o Kailash Chand Vyas, Aged About 33 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc Mandrayal Block Mandrayal Karauli, District Karauli.

62. Rakesh Kumar Meena S/o Madan Mohan Meena, Aged About 30 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc Hadoti Sapotra Karauli , District Karauli.

63. Vijay Singh Nayak S/o Kanhaiya Lal, Aged About 40 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc Kudgaon Karauli, District Karauli.

64. Sapna Mahavar D/o Ramganesh Koli, Aged About 23 Years, Working As Deo (Mmcsby) At Chc Karanpur Karauli, District Karauli.

65. Mohit Jaga S/o Madan Mohan Jaga, Aged About 21 Years, Working As Man With Machine (Mndy) At Swantantra Sainani Shivraj Singh Rajkiya District Hospital Karauli, District Karauli.

66. Satte Singh Meena S/o Kedar Lal Meena, Aged About 33 Years, Working As Man With Machine (Mndy) At Phc Raisana Block Gudhachandra Ji Karauli, District Gangapur City.

67. Ramjeet Meena S/o Ramkesh Meena, Aged About 24

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Years, Working As Man With Machine (Mndy) At Phc Garmora Block Gudhachandra Ji Karauli, District - Gangapur City

68. Narsi Lal Prajapati S/o Ramkishan Prajapati, Aged About 30 Years, Working As Deo (Mnjy) At Chc Nadoti Block Gudhachandra Ji Karauli, District -Gangapur City.

69. Vinod Mali S/o Bharat Mali, Aged About 27 Years, Working As Deo (Ihms) At Swantantra Sainani Shivraj Singh Rajkiya District Hospital Karauli, District Karauli.

70. Bhagwan Singh Lodha S/o Jagdish Lodha, Aged About 28 Years, Working As Deo (Ihms) At Swantantra Sainani Shivraj Singh Rajkiya District Hospital Karauli, District Karauli.

71. Harendra Singh Lodha S/o Chiranji Lal, Aged About 33 Years, Working As Deo (Ihms) At Swantantra Sainani Shivraj Singh Rajkiya District Hospital Karauli, District Karauli.

72. Narsi Ram Gurjar S/o Dangal Singh, Aged About 27 Years, Working As Deo (Ihms) At Swantantra Sainani Shivraj Singh Rajkiya District Hospital Karauli, District Karauli.

73. Vijendra Kumar Mahavar, Aged About 30 Years, Working As Deo (Ihms) At Chc Nadoti Block Gudhachandra Ji Karauli, District -Gangapur City.

74. Atul Panwar S/o Shyodan Singh, Aged About 25 Years, Working As Deo (Ihms) At Chc Shree Mahaveer Ji Block Hindaun City Karauli, District Karauli.

75. Yogesh Saini S/o Pardeep Kumar Mali, Aged About 23 Years, Working As Deo (Jsy) At Swantantra Sainani Shivraj Singh Rajkiya District Hospital Karaul, District - Karauli.

76. Sadam S/o Kalu Khan Luhar, Aged About 27 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc Riyan Badi Block Riyan Badi Dist. Nagaur.

77. Shivjiram S/o Nenuram, Aged About 44 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc Riyan Badi Block Riyan Badi Dist. Nagaur.

78. Rakesh Kumar Mali S/o Soma Ram Mali, Aged About 38 Years, Working As Swasthya Margdarshak (Mmcsby) At Chc Shahabad, District -Baran.

79. Balram S/o Babulal, Aged About 34 Years, Working As Man With Machine (Mndy) At Chc Samraniya, District - Baran.

80. Monu Mehta S/o Prahlad Mehta, Aged About 32 Years, Working As Man With Machine (Mnjy) At Chc Shahbad , District -Baran.

81. Dhruvsingh S/o Chunni Ram, Aged About 34 Years, Working As Man With Machine (Mndy) At Chc Shahbad,

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District -Baran.

82. Jeet Ram Mali S/o Shivji Ram, Aged About 27 Years, Working As Swastya Margdarasak (Mmcsby) At Chc Sarwar District- Kekri.

83. Jagdish Lomrod S/o Meha Ram, Aged About 29 Years, Working As Swastya Margdarasak (Mmcsby) At Govt Medical College Atteched Hospital Barmer District- Barmer.

84. Mahavir Singh S/o Prem Singh, Aged About 28 Years, At Present Working As Man With Machine (Mndy) At Govt Medical College Atteched Hospital Barmer, District- Barmer.

85. Sunil Kumar S/o Vikram Singh, Aged About 30 Years, At Present Working As Swastya Margdarasak (Mmcsby) At Chc Tijara New District - Khaithal-Tijara (Alwar).

86. Ravikant Nuwal S/o Mahendra Kumar Nuwal, Aged About 30 Years, Working As Swastya Margadarasak (Mmcsby), At Chc Khatushyamji District Sikar.

87. Dilip Kumar Mehta S/o Devilal Mehta, Aged About 31 Years, Working As Man With Machine (Mndy) At Phc - Kasbathana, Block- Shahabad, Dist- Baran.

88. Sunil Dhaker S/o Prabhu Lal Dhaker, Aged About 30 Years, Working As Swastya Margadarasak (Mmcsby) At District Hospital Nimbahera District Chittorgarh.

89. Pankaj Chouhan S/o Basta Ram, Aged About 38 Years, At Present Working At Chc, Bilara, Jodhpur.

90. Sajiv Kumar S/o Champa Lal, Aged About 31 Years, At Present Working At Chc, Bilara, Jodhpur.

91. Kamal S/o Laxman, Aged About 21 Years, At Present Working At Govt. Hospital, Jalore.

92. Rakesh S/o Jayanti Lal, Aged About 23 Years, At Present Working At Govt. Hospital, Jalore.

93. Gautam Chand S/o Narayan Ram, Aged About 32 Years, At Present Working At Chc, Bilara, Jodhpur.

94. Ashok S/o Madhav Prasad, Aged About 35 Years, At Present Working At Chc, Bilara, Jodhpur.

95. Bharat Bhushan S/o Chandra Shekhar, Aged About 33 Years, At Present Working At Uchc, Chandrawardi Nagar, Ajmer.

96. Ravindra S/o Mishri Lal, Aged About 34 Years, At Present Working At Gulabadi, Block Ajmer, District Ajmer.

97. Ravindra S/o Amar Singh, Aged About 31 Years, At Present Working At Upsc Ramganj, Block Ajmer, District Ajmer.

98. Nahida Ali D/o Munawar Ali, Aged About 33 Years, At Present Working At Uchc, Panchsheel, Block Ajmer, District Ajmer.

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99. Insaf Ali Qureshi S/o Mohd. Yameen, Aged About 28 Years, At Present Working At Chc, Pushkar, Block Pisagan, District Ajmer.

100. Lalit Kumar S/o Brij Mohan, Aged About 45 Years, At Present Working At Upsc, Ajay Nagar, Block Ajmer, District Ajmer.

101. Dinesh Kumar S/o Kishan Lal, Aged About 48 Years, At Present Working At Upsc, Pahadganj, Block Ajmer, District Ajmer.

102. Hritik Beniwal S/o Chhotu, Aged About 23 Years, At Present Working At Upsc, Kotra, Block Ajmer, District Ajmer.

103. Pawan Mali S/o Chhitar Mal, Aged About 24 Years, At Present Working At Chc Pushakar, Block Pisagan, District Ajmer.

104. Javed Khan S/o Jabbar Khan, Aged About 27 Years, At Present Working At Phc, Nagelan, Block Pisagan, District Ajmer.

105. Jitendra Kumar S/o Gheesa Lal, Aged About 36 Years, At Present Working At Sdh Hospital, Block Masuda, Beawar, (Ajmer).

106. Devendra Singh S/o Gopal, Aged About 36 Years, At Present Working At Sdh, Vijay Nagar, Block Masuda, Beawar (Ajmer).

107. Manmohan S/o Gopal, Aged About 31 Years, At Present Working At Phc, Leeri, Block Pisagan, District Ajmer.

108. Rajeev S/o Rajendra, Aged About 57 Years, At Present Working At Upsc, Vaishali Nagar, District Ajmer.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary Medical And Health Department, Government Of Rajasthan, Jaipur.

2. Secretary, Finance (Budget) Department, Government Of Rajasthan, Jaipur.

3. Joint Secretary, Finance (Budget) Department, Government Of Rajasthan, Jaipur.

4. Director (Non-Gazetted), Department Of Medical And Health Services, Government Of Rajasthan, Jaipur

5. Director, (Public Health), Medical And Health Services, Government Of Rajasthan, Jaipur.

6. Additional Director, Medical And Health Services, Government Of Rajasthan, Jaipur.

7.     Nodal Officer, Mndy, Medical And                       Health   Services,
       Government Of Rajasthan, Jaipur
8.     Nodal Officer, Mnjy, Medical And                       Health   Services,
       Government Of Rajasthan, Jaipur



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9. Rajasthan Medical Services Corporation Limited (Rmsc), Department Of Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur, Through Its Managing Director.

10. Managing Director, N.h.m. Swasthya Bhawan, Jaipur.

11. Chief Executive Officer, State Health Assurance Agency, Jaipur

12. Principal Medical Officer, Govt. Hospital, Jalore.

13. Incharge Sdh, Hospital, Masuda, Beawar.

14. Incharge, Sdh, Hospital, Vijay Nagar, Ajmer.

15. Incharge Deh Hospital, (Nagaur).

16. Principal Medical Officer, Swantantra Sainani Shivraj Singh Rajkiya, District Hospital, Karauli.

17. Principal Medical Officer, Govt Medical College Barmer.

18. Pmo District Hospital Nimbahera, District Chittorgarh.

19. Chief Medical And Health Officer, Khaithal, Tijara.

20. Chief Medical And Health Officer, Kekri.

21. Principal Medical Officer, Bharatpur.

22. Chief Medical And Health Officer, Bharatpur.

23. Rajasthan Medical Relief Society, Bharatpur, Through Secretary, District Bharatpur.

24. Principal Medical Officer, Pali.

25. Chief Medical And Health Officer, Pali.

26. Rajasthan Medical Relief Society, Pali, Through Secretary, District Pali.

27. Principal Medical Officer, Hanumangarh.

28. Chief Medical And Health Officer, Hanumangarh.

29. Rajasthan Medical Relief Society, Hanumangarh, Through Secretary, District Hanumangarh.

30. Principal Medical Officer, Nagaur.

31. Chief Medical And Health Officer, Nagaur.

32. Rajasthan Medical Relief Society, Nagaur, Through Secretary, District Nagaur.

33. Principal Medical Officer, Gangapur City.

34. Chief Medical And Health Officer, Gangapur City.

35. Rajasthan Medical Relief Society, Gangapur City, Through Secretary, District Gangapur City.

36. Principal Medical Officer, Baran.

37. Chief Medical And Health Officer, Baran.

38. Rajasthan Medical Relief Society, Baran, Through Secretary, District Baran.

39. Principal Medical Officer, Jalore.

40. Chief Medical And Health Officer, Jalore.

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41.    Rajasthan Medical Relief                 Society,         Jalore,   Through
       Secretary, District Jalore.

42. Principal Medical Officer, Deedwana.

43. Chief Medical And Health Officer, Deedwana.

44. Rajasthan Medical Relief Society, Deedwana, Through Secretary, District Deedwana (Nagaur).

45. Principal Medical Officer, Jhunjhunu.

46. Chief Medical And Health Officer, Jhunjhunu.

47. Rajasthan Medical Relief Society, Jhunjhunu, Through Secretary, District Jhunjhunu.

48. Principal Medical Officer, Barmer.

49. Chief Medical And Health Officer, Barmer.

50. Rajasthan Medical Relief Society, Barmer, Through Secretary, District Barmer.

51. Principal Medical Officer, Ajmer.

52. Chief Medical And Health Officer, Ajmer.

53. Rajasthan Medical Relief Society, Ajmer, Through Secretary, District Ajmer.

54. Principal Medical Officer, Karauli.

55. Chief Medical And Health Officer, Karauli.

56. Rajasthan Medical Relief Society, Karauli, Through Secretary, District Karauli.

57. Principal Medical Officer, Alwar.

58. Chief Medical And Health Officer, Alwar.

59. Rajasthan Medical Relief Society, Alwar, Through Secretary, District Alwar.

60. Principal Medical Officer, Sikar.

61. Chief Medical And Health Officer, Sikar.

62. Rajasthan Medical Relief Society, Sikar, Through Secretary, District Sikar.

63. Principal Medical Officer, Chittorgarh.

64. Chief Medical And Health Officer, Chittorgarh.

65. Rajasthan Medical Relief Society, Chittorgarh, Through Secretary, District Chittorgarh.

66. Principal Medical Officer, Jodhpur.

67. Chief Medical And Health Officer, Jodhpur.

68. Rajasthan Medical Relief Society, Jodhpur, Through Secretary, District Jodhpur.

                                                                  ----Respondents


For Petitioner(s)         :    Mr. S.K. Verma
For Respondent(s)         :    -



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                        JUSTICE DINESH MEHTA

                                        Order

26/09/2023

1. The defects pointed out by the Registry are over-ruled.

2. Petitioners' grievance is that they were working on contract

basis under the respondents and they are apprehending

disengagement of their services.

3. Learned counsel for the petitioners submits that the

petitioners would feel satisfied if the respondents are directed to

consider their representation (which they would be filing) in light

of the judgment dated 19.01.2021 passed by this Court in the

case of Jai Prakash Ganchi & Ors. Vs. State of Raj. & Ors.

(S.B.Civil Writ Petition No.7273/2020) and also in light of

circular dated 02.09.2020.

4. The present writ petition is, therefore, disposed of with the