Dr. Arif Baig vs State Of Rajasthan (2024:Rj-Jd:38734)
2024 Latest Caselaw 8203 Raj

Rajasthan High Court - Jodhpur

Dr. Arif Baig vs State Of Rajasthan (2024:Rj-Jd:38734) on 19 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:38734]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      AT JODHPUR.
                S.B. Civil Writ Petition No. 14662/2024

Dr. Arif Baig S/o Shri Afzal Baig, Aged About 36 Years, Resident
Of A/43, Kabir Nagar, Soorsagar Road, Jodhpur (Raj.) Presently
Posted As Medical Officer At Phc Champasar, Block Ghantiyali,
District Phalodi, (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Medical Education Department (Group-1St), Government
         Of Rajasthan, Secretariat, Jaipur.
2.       The Deputy Secretary To The Government, Medical Health
         (Group-2) Department, Secretariat, Jaipur.
3.       The Director (Public Health), Department Of Medical And
         Health, Swasthya Bhawan, Jaipur.
4.       The Chairman, Neet Pg Admission/ Counseling Board-
         2024, Govt. Of Dental College (Ruhs College Of Dental
         Sciences), Subhash Nagar, Behind T.b. Hospital, Jaipur
         (Raj.).
5.       The Chief Medical And Health Officer, Phalodi.
6.       Block Chief Medical Officer, Ghantiyali, District Phalodi
         (Raj.).
7.       The Medical Officer In-Charge, Primary Health Centre
         Champasar, Block Ghantiyali, District Phalodi.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Deepesh Beniwal.
                                Mr. Yashpal Khileree.
For Respondent(s)         :     Mr. N.S.Rajpurohit, AAG assisted by
                                Ms Anita Rajpurohit.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/09/2024

Heard learned counsel for the parties.

[2024:RJ-JD:38734] (2 of 2) [CW-14662/2024]

Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by a

judgment rendered by Division Bench of this Court in D.B.

Special Appeal Writ No.679/2023 (Dr. Bhanwari Choudhary

& Ors. V/s Chairman, Neet Pg Admission/Counseling

Board-23 & Ors. decided on 23.08.2023. However, learned

counsel for the petitioner submits that in the judgment rendered

by Division Bench of this court in the Case of Dr. Bhanwari

Choudhary & Ors., the Constitutional Bench judgment rendered by

Hon'ble Supreme court in the case of Tamil Nadu Medical

Officers Association & Ors. V/s Union of India & Ors.

reported in (2021) 6 Supreme Court Cases 568 which is

holding the field in the present case was not considered.

Having considered the submissions made at the bar, this

court is of the view that the judgment rendered by Division Bench

of this court in the Case of Dr. Bhanwari Choudhary & Ors. (supra)

which is on the same subject has taken note of the controversy at

hand and therefore, this court is bound by the judgment passed

by Division Bench of this court. Even if the Division Bench

judgment is contrary to the judgment passed by the Constitutional

Bench of Hon'ble Supreme Court then the same is required to be

considered by the Division Bench only.

In view of the discussion made above, the writ petition filed

by the petitioner is dismissed being devoid of any force.

(VINIT KUMAR MATHUR),J 51-AnilSingh/-

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