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Rajasthan High Court - Jodhpur
Ajay Bhati vs The State Of Rajasthan on 19 December, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:54365]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1480/2020
Ajay Bhati S/o A.g. Bhati, Aged About 41 Years, Resident Of 7
Gh 22, Pawanpuri, South Extension, Bikaner.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Medical And Health Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. Additional Director (Nhm), Medical And Health Services,
Secretariat, Jaipur, Rajasthan.
3. Chief Medical And Health Officer, Bikaner.
----Respondents
For Petitioner(s) : Mr. Abhishek Mehta
For Respondent(s) : Mr. Tanuj Jain
Mr. Mukesh Dave
HON'BLE MR. JUSTICE FARJAND ALI
Order
DATE OF CONCLUSION OF ARGUMENTS : 14/10/2025
DATE ON WHICH ORDER IS RESERVED : 14/10/2025
FULL ORDER OR OPERATIVE PART : Full Order
DATE OF PRONOUNCEMENT : 19/12/2025
1. The writ petition has been filed on behalf of the petitioners
seeking the following prayers: -
(i) The respondents may be directed to grant appointment
to the petitioner on the post of GNM in District Bikaner in
pursuance to order and select list dated 19.7.2017
(Annexure-2);
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[2025:RJ-JD:54365] (2 of 4) [CW-1480/2020]
(ii) The respondents may be directed to keep one post
vacant doe the petitioner during the pendency of the writ
petition and in case an appointment is given to any other
person, the same shall be made subject to the final
outcome of the writ petition;
(iii) Any other appropriate writ, order or direction, which
this Hon'ble Court may deem fit and proper in the facts and
circumstances of the present case may kindly be passed in
favour of the petitioner.
(iv) Cost throughout may kindly be awarded in favour of the
petitioner.
2. Briefly stating the facts of the case that the petitioner, being
duly eligible, applied for appointment to the post of GNM under
the National Rural Health Mission pursuant to the advertisements
issued in the years 2007-2008. The selection process remained
incomplete due to prolonged litigation. By judgment dated
07.12.2016 in Rajkumar & Ors. vs. State of Rajasthan, the
Co-ordinate Bench of this Court directed the State Government to
complete the selection and grant appointments to eligible
candidates. In compliance thereof, the State Government issued
an order dated 19.07.2017 releasing a district-wise select list,
wherein the concerned candidate was shown selected for District
Bikaner. Despite the said selection and the finality of the
judgment, no appointment order was issued. Aggrieved by the
inaction of the respondents, the petitioner has approached this
Court.
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[2025:RJ-JD:54365] (3 of 4) [CW-1480/2020]
3. Heard learned counsel appearing on behalf of the parties and
perused the material annexed with the writ petition.
4. Upon a meticulous and thoughtful consideration of the
pleadings as well as the material placed on record along with the
writ petition, it clearly emerges that the petitioner was afforded
due opportunity strictly in terms of the conditions stipulated in the
call letter. The call letter unequivocally mandated that all selected
candidates were required to join their respective posts on or
before 29.09.2008, failing which their eligibility would stand
automatically terminated. It is an admitted position on record
that, despite issuance of the call letter, the petitioner did not join
the services within the prescribed time limit, i.e., on or before
29.09.2008, as mandated therein.
4.1 It is further observed that in compliance with the order
passed by the Co-ordinate Bench of this Court dated 07.12.2016,
a district-wise merit list for twelve districts was prepared. The
merit list pertaining to District Bikaner was drawn pursuant to the
advertisement dated 08.08.2007, wherein the petitioner was
placed at serial number 27. The second advertisement for the post
of GNM under NRHM Scheme, the list of the eligible candidates
was issued wherein the petitioner was placed at serial number
1754 out of 3704 candidates, and accordingly, allocation was
made. Pursuant thereto, the petitioner was issued a call letter
dated 15.09.2008, directing him to join the services on or before
29.09.2008. However, the petitioner admittedly failed to join
within the stipulated period. Consequently, in terms of the explicit
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[2025:RJ-JD:54365] (4 of 4) [CW-1480/2020]
condition contained in the call letter, the petitioner's candidature
stood terminated automatically.
5. In view of the above facts and circumstances, this Court
finds no infirmity, illegality or arbitrariness in the action of the
respondents. The petitioner having failed to comply with the
mandatory condition of joining within the prescribed time, cannot
now seek indulgence of this Court.
6. Accordingly, the writ petition is dismissed.
7. Stay petition and pending applications, if any, stands
disposed of.
(FARJAND ALI),J
176-Mamta/-
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