Rajasthan High Court - Jodhpur
Samita vs Suresh Navel (2024:Rj-Jd:23580) on 23 May, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:23580]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt No. 817/2022
1. Samita D/o Shri Nand Ram, Aged About 37 Years, Vpo
Bardasdas, Post Bhamasi, Tehsil And District Churu (Raj.).
2. Sarita D/o Shri Sitaram Sharma, Aged About 38 Years,
Shitla Chowk, Ward No. 3, Taranagar, District Churu.
3. Shashi Wala D/o Shri Pratap Singh, Aged About 31 Years,
Villag Paraswara, Nabadi, District Bharatpur (Raj.).
4. Ujjala D/o Shri Rajbir, Aged About 29 Years, Vpo Mainana,
Tehsil Buhana, District Jhunjhunu.
5. Indu Devi D/o Shri Ganesh Ram, Aged About 34 Years,
Loyalka School Ke Pass, Ward No. 23, Pilani, Rajpura,
Tehsil Surajgarh, District Jhunjhunu.
6. Sangeeta D/o Shri Sube Singh, Aged About 28 Years,
Village Gothari, Post Lamba Gothara, Chirawa, District
Jhunjhunu.
7. Pinki Kumari D/o Shri Avtar Singh, Aged About 30 Years,
Village Penghore Nagla, Hewat Post Khan Penghore, Tehsil
Kumher, District Bharatpur.
8. Lalita D/o Shri Ram Swaroop, Aged About 33 Years,
Village Hulyana, Post Tikari, Tehsil Kathumar, District
Alwar.
9. Anita D/o Shri Jawla Ram, Aged About 34 Years, Ward No.
2 Dundlod, Tehsil Nawalgarh, District Jhunjhunu.
10. Kiran D/o Shri Bakhtawar Singh, Aged About 43 Years,
Village Sardarpura, Tehsil Rajgarh, District Churu.
11. Kumari Bhateri D/o Shri Suraj Bhan Poonia, Aged About
38 Years, Village Sardarpura, Tehsil Rajgarh, District
Churu.
----Petitioners
Versus
1. Suresh Navel, Director (Non-Gazetted), Department Of
Medical, Health And Family Welfare, Government Of
Rajasthan, Jaipur.
2. State Of Rajasthan, Through The Principal Secretary,
Medical And Health Services (Group-Iii), Government Of
Rajasthan, Secretariat, Jaipur.
----Respondents
(Downloaded on 23/05/2024 at 08:42:31 PM)
[2024:RJ-JD:23580] (2 of 3) [WCP-817/2022]
For Petitioner(s) : Mr. Vivek Firoda
For Respondent(s) : None present
HON'BLE MS. JUSTICE REKHA BORANA
Order
23/05/2024
1. The present contempt petition has been preferred alleging
disobedience of the order dated 08.03.2022 whereby the petition
as preferred by the petitioners was allowed in terms of the similar
directions as given in the matter of Usha Vs. State of Rajasthan
& Ors., S.B. Civil Writ Petition No.2251/2020 (decided on
11.02.2022). Usha's case (supra) was inter alia decided relying
upon the Division Bench judgment in State of Rajasthan Vs. Ms.
Firdos Tarannum & Anr., D.B. Special Appeal (W)
No.534/2005 (decided on 12.01.2022).
2. A reply to the contempt petition has been preferred on behalf
of the respondents with the specific submission that the case of
the present petitioner could not have been governed by judgment
rendered in Firdos Tarannum's case (supra) as that was the
matter pertaining to Teacher Gr.III subject Urdu. The present
petitioners are the candidates who applied for the post of ANM and
hence, the ratio as laid down in Firdos Tarannum's case (supra)
is not even applicable to the present case. It has further been
submitted in the reply that in one other appeal being Gomi Vs.
State of Rajasthan & Ors., D.B. Special Appeal (Writ)
No.940/2019, wherein also Firdos Tarannum's case (supra)
was relied upon, has been assailed by the State before the Hon'ble
Apex Court by way of Special Leave Petition No.4597/2023 and
[2024:RJ-JD:23580] (3 of 3) [WCP-817/2022]
therein the Hon'ble Apex Court, vide order dated 21.03.2023, has
been pleased to stay the operation of the order dated 02.02.2022
passed in Gomi's case (supra).
3. In view of the specific submissions made in the reply and in
view of the specific opinion of this Court that the ratio of Firdos
Tarannum's case (supra) would not apply to the present
petitioners, this Court is not inclined to continue with the present
contempt proceedings.
4. No case for contempt is made out.
5. The contempt petition is hence, dismissed. Rule is
discharged.
(REKHA BORANA),J
114-Vij/-
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