Citation : 2025 Latest Caselaw 17314 Raj
Judgement Date : 19 December, 2025
[2025:RJ-JD:55209-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1532/2025
1. State Of Rajasthan, Through The Secretary Department
Of Medical Ande Health Services Government Secretariat
Jaipur Raj 302005
2. Director (Non Gazetted), Medical And Health Services
Swasthya Bhawan Tilak Marg C Scheme Jaipur Raj
302005
3. Additional Director (Gezetted), Medical And Health
Services Swasthya Bhawan Tilak Marg C Scheme Jaipur
Raj
4. Chief Medical And Health Officer, Jalore Raj
5. Chief Medical And Health Officer, Bikaner, Raj.
----Appellants
Versus
1. Suraj Kumar Jeengar S/o Narayan Lal Jeengar, Aged
About 30 Years, Village And Post Jeengar Bazar Bhinmal
Sanchore Jalore Raj
2. Laxman Dan Charan S/o Suraj Dan Charan, Vpo Rupawati
Khurd Tehsil Raniwada District Jalore Rajasthan
3. Lateef Khan Parihar S/o Asarf Mohammed, Ward No 41
Purane Thane Ke Pass Village Pariharo Ka Mohalla Tehsil
Lunaksar District Bikaner Raj, 334603, Mobile No
9414528831
----Respondents
For Appellant(s) : Mr. N.S. Rajpurohit, AAG
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
19/12/2025
1. Learned counsel for the appellant submits that the
controversy involved in the present special appeal is covered with
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the judgment rendered by a Division Bench of this Court in the
case of State of Rajasthan & Ors. Vs. Rajesh Kumar Ranga &
Anr. (D.B. Special Appeal Writ No.837/2025), decided on
30.06.2025, which reads as under :-
"The present Special Appeal is directed against the order dated 20th July 2023 passed in S.B. Civil Writ Petition No. 6187 of 2023 whereby the following direction has been issued by the writ Court:-
"....4. Meanwhile, the respondents shall consider the petitioners' candidature in the selection process pursuant to Recruitment Notification dated 29.05.2018. In case, petitioners fall in merit, their names shall be indicated in the select list, however, appointment order shall not be issued to them."
2. Apparently a just and fair order passed by the writ Court seems to have been misconstrued by the State of Rajasthan and its Officers.
3. Briefly stated, the respondents claimed that they were working as Senior Tuberculosis Laboratory Supervisor (for short, 'STLS') under the Revised National Tuberculosis Control Programme (RNTCP) scheme but were not awarded bonus marks for their work experience. The respondents were appointed on 11th December 2015 pursuant to the Advertisement dated 10th July 2013 for the post of Lab Assistant. According to the respondents, a policy decision was taken by the respondent- department to treat the qualification for STLS being equivalent to the Lab Technician but the Director issued a direction on 13 th February 2023 not to treat the post of STLS at par with Lab Assistant. Therefore, the petitioners made representations but their claim was not accepted and they were not included in the final merit list. Aggrieved thereby, the respondents came to this Court in S.B. Civil Writ Petition No. 6187 of 2023 which was taken up for hearing along with other two writ petitions vide S.B. Civil Writ Petition Nos. 3277 of 2023 and 1817 of 2022 and the aforementioned order dated 20th July 2023 has been passed.
4. Having examined the controversy raised in the identical writ petitions one of which was S.B. Civil Writ Petition No. 1817 of 2022 titled "Suraj Kumar Jeengar & Ors. v. State of Rajasthan & Ors.", we are of the opinion that no injury is caused to the appellants if a meritorious candidate is directed to be considered for appointment. The order
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passed by the writ Court clearly records that the appointment order shall not be issued in favour of the candidates who fall in the merit list. By issuing such a direction, the writ Court has protected the interest of the appellants and, therefore, we are not inclined to interfere in this Special Appeal, which is accordingly dismissed.
5. D.B. Special Appeal Writ No. 837 of 2025 is dismissed"
2. In light of the above submission, following the decision in the
case of Rajesh Kumar Ranga (supra), the instant appeal is also
dismissed in the same terms. All pending applications stand
disposed of.
(VINIT KUMAR MATHUR),J (DR.PUSHPENDRA SINGH BHATI),J
22-Sudheer/-
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