Rajasthan High Court - Jodhpur
Khetu Choudhary vs The State Of Rajasthan ... on 1 October, 2024
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2024:RJ-JD:40594]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3251/2023
Khetu Choudhary D/o Chima Ram, Aged About 30 Years, R/o
Village Khume Ki Beri, Doodhu, Tehsil Gudamalani, District
Barmer (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Department
Of Medical And Health Services, Government Secretariat,
Jaipur, Rajasthan.
2. Director, State Health And Family Welfare Institution,
Jhalana Institutional Area, Jaipur.
3. The Addl. Director (Admn.), Medical And Health Services,
Swasthya Bhawan, Rajasthan, Jaipur.
4. Director, National Health Mission, Swasthya Bhawan,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Hanuman Singh Choudhary
For Respondent(s) : --
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/10/2024
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:-
[2024:RJ-JD:40594] (2 of 3) [CW-3251/2023]
"(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.
(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
[2024:RJ-JD:40594] (3 of 3) [CW-3251/2023]
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
119-/Arun P/-
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