Babu Lal Saini Andanr vs State Of Raj And Ors ...
2024 Latest Caselaw 482 Raj/2

Rajasthan High Court

Babu Lal Saini Andanr vs State Of Raj And Ors ... on 23 January, 2024

Bench: Manindra Mohan Shrivastava, Shubha Mehta

[2024:RJ-JP:3865-DB]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                D.B. Special Appeal (Writ) No.1210/2009

                                          In

                 S.B. Civil Writ Petition No.3686/2009

1. Babu Lal Saini son of Shri Sanwar Mal Saini, aged about 27
years, R/o. V&P Dayara, Khandela, Tehsil Shri Madhopur, Distt.
Sikar.
2. Mahesh Kumar Saini, son of Shri Sanwar Mal Saini, aged
about 30 years, R/o. V&P Dayar, Khandela, Tehsil Shri Madhopur,
Distt. Sikar.
                                                                     ----Appellant
                                      Versus
1. The State Of Rajasthan through the Secretary, Medical &
Health, Government of Rajasthan, Jaipur.
2. The Director, Medical, Health and Family Planning Department,
Rajasthan, Jaipur.
3. The Addl. Director (Administration), Medical, Health & Family
Planning Department, Rajasthan, Jaipur.
4. Umesh Kumar Sharma son of Shri Surgyani Ram Sharma,
aged about 38 years, Resident of V & P. Kansli, Tehsil Kotputli,
Distt. Jaipur.
5. Rajesh Roshan Lexkar son of Shri Chand Mal Laxkar, aged
about 30 years, R/o. Lamba Hari Singh, Tehsil Malpura, Distt.
Tonk.
6. Chandra Pal Saini son of Shri Pooran Mal Saini, aged about 27
years, R/o. Village Manpura, Post Nirmod, Tehsil Neema ka
Thana, Distt. Sikar.
7. Bhupendra Singh Parmar son of Sh. Ram Bbu Parmar, aged
about 30 years, R/o. Village & Post Tasimo, Tehsil Shepow, Distt.
Dholpur.
8. Rafeeque Ahmed son of Anwar Ahmed, aged about 27 years,
R/o. Diggiwalon of Katla, Manak Chowk Bajar, Malpura, Distt.
Tonk.
                                                                   ----Respondent

For Appellant(s) : Mr. Fahad Hasan, Advocate & Mr. Mohd. Haris, Advocate for Mr. S.S. Hasan, Advocate For Respondent(s) : Ms. Malti, Advocate &

[2024:RJ-JP:3865-DB] (2 of 2) [SAW-1210/2009]

Mr. Harshit Tiwari, Advocate for Dr. Vibhuti Bhushan Sharma, Additional Advocate General

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

23/01/2024

1. The only issue arising for consideration in this appeal is as to

whether the select list was required to be prepared state-wise or

district-wise.

2. Ld. Single Judge denied the relief to the appellants on the

ground that the list is to be prepared state-wise, relying upon

judgments of co-ordinate Benches.

3. The conflict of view, however, led to matter being referred to

and decided by the Larger Bench in the case of Rajkumar &

Others Versus State of Rajasthan & Others, AIR 2016

Rajasthan 176.

4. The legal position settled now is that the select list is

required to be prepared district-wise and not state-wise.

5. Therefore, in view of above, this appeal is disposed off with a

direction to the respondents to examine the appellants' position

after re-working the list district-wise. If as a result of such

preparation of district-wise merit list, the name of the appellants

are found included, they will be considered for appointment on the

post of GNM against available vacancies.

(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Karan/21

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