Citation : 2024 Latest Caselaw 8881 Raj
Judgement Date : 9 October, 2024
[2024:RJ-JD:41396]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11489/2018
Bhupendra Kurdia S/o Shri Roshan Lal Kurdia, Aged About 29
Years, R/o Thakkar Bapa Colony, Outside Surajpole, Girwa
District Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Medical And Health Services (Group-III),government Of
Rajasthan, Secretariat, Jaipur.
2. The Director, Medical And Health Services, Rajasthan,
Tilak Marg, Swasthya Bhawan, Jaipur
3. The Additional Director (Administration), Medical And
Health Services, Rajasthan, Tilak Marg, Swasthya
Bhawan, Jaipur.
4. The Joint Director, Medical And Health Services, Zone
Udaipur.
5. The Chief Medical And Health Officer, Udaipur.
----Respondents
For Petitioner(s) : Mr. Jayram Saran
For Respondent(s) : Mr. N.S. Rajpurohit, AAG
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
09/10/2024
1. Heard learned counsel for the parties.
2. Learned counsel for the petitioner submits that the
controversy involved in the present case is squarely covered by a
judgment rendered by Coordinate Bench of this Court in S.B. Civil
Writ Petition No.11427/2018 : Kusum Kant Dave vs. State
of Rajasthan & Ors. decided on 20.04.2022. He, therefore, prays
that the present writ petition may also be allowed in terms of the
[2024:RJ-JD:41396] (2 of 2) [CW-11489/2018]
order passed by this Court in the case of Kusum Kant Dave
(Supra).
3. Learned Additional Advocate General does not dispute the
submission made by counsel for the petitioner. However, he
submits that the benefit of this judgment can be granted to the
petitioner provided there is a vacancy available in the same
recruitment year.
4. In view of the submission made before this Court, the
present writ petition is disposed of in terms of the order passed by
Division Bench of this court at Jaipur in the case of Kusum Kant
Dave (supra) and the benefit of the judgment may be granted to
the petitioner provided the vacancies are available with the
respondent-Department in pursuance of the selections undertaken
by the respondents in the same recruitment process. The
respondent-Department shall carry out the necessary exercise
within a period of six weeks from the date of receipt of certified
copy of this order, strictly in accordance with law.
(VINIT KUMAR MATHUR),J 227-/Arun P/-
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