Rajasthan High Court - Jodhpur
Shyamlal vs State Of Rajasthan (2025:Rj-Jd:48184) on 10 November, 2025
[2025:RJ-JD:48184]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18950/2025
1. Shyamlal S/o Surjaram, Aged About 40 Years, R/o Gram
Surpaliya, Tehsil- Jayal, District- Nagaur.
2. Subash Nagar S/o Rameshwarlal, Aged About 28 Years,
R/o Presently Working Of The Post Of Lab Technician At
P.H.C. Harsolav Block Merta City, District Nagaur.
3. Kuldeep Singh S/o Girdharilal, Aged About 25 Years, R/o
Presently Working At Panchalsiddha, Block Khimsar,
District Nagaur.
4. Umesh Kumar Gautam S/o Ramavtar Gautam, Aged
About 32 Years, R/o Ward No.4, Dhakado Ka Mohalla,
Ayana, District Kota.
5. Anoop Kumar Jain S/o Santkumar Jain, Aged About 31
Years, R/o Nagdi Bazar, Near Telio Ka Mandir, District
Bundi.
6. Jalle Khan S/o Jiyand Khan, Aged About 31 Years, R/o
Presently Working At P.H.C. Barwala, Block Jaisalmer,
District Jaisalmer.
7. Dilkush Kheer S/o Shivraj Kheer, Aged About 28 Years, R/
o Village Hingoniya, Tehsil Sarwar, District Ajmer.
8. Chandra Prakash S/o Ramkaran, Aged About 25 Years, R/
o Village Jalniyasar, Tehsil Jayal, District Nagaur.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Of Secretary,
Medical And Health Services, Govt. Of Rajasthan
Secretariat, Jaipur.
2. Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Secretariat Jaipur.
3. Principal Secretary, Department Of Finance, Government
Of Rajasthan, Secretariat Jaipur.
4. Managing Director, N.H.M. Swasthya Bhawan, Jaipur.
5. Mission Director National Health Commission, Jaipur.
6. Director, Directorate Of Medical And Health Services,
Government Of Rajasthan Of Rajasthan, Jaipur.
7. Director (Non-Gazetted), Medical And Health Services,
Government Of Rajasthan, Jaipur.
8. Nodal Officer (MNDY), Medical And Health Services,
Jaipur.
9. Nodal Officer (MNJY), Medical And Health Services, Jaipur.
10. Rajasthan Medical Services Corporation Ltd. (RMSC),
Through Its Managing Director, Department Of Medical
And Health, Swasthya Bhawan, Jaipur.
11. Chief Executive Officer, State Health Assurance Agency,
Rajasthan, Jaipur.
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12. Project Director National Health Mission (MTC), Swasthya
Bhawan, Secretariat, Jaipur.
13. Project Director National Health Mission (FBNC),
Swasthya Bhawan, Secretariat, Jaipur.
14. Principal Medical Officer, District Nagaur.
15. Chief Medical And Health Officer, Nagaur.
16. Rajasthan Medical Relief Society, Nagaur, Through
Secretary, District Nagaur.
17. Principal Medical Officer, District Kota.
18. Chief Medical And Health Officer, Kota.
19. Rajasthan Medical Relief Society, Kota, Through
Secretary, District Kota.
20. Principal Medical Officer, District, Bundi.
21. Chief Medical And Health Officer, Bundi.
22. Rajasthan Medical Relief Society, Bundi, Through
Secretary, District Bundi.
23. Principal Medical Officer, District, Ajmer.
24. Chief Medical And Health Officer, Ajmer.
25. Rajasthan Medical Relief Society, Ajmer, Through
Secretary, District Ajmer.
26. Principal Medical Officer, District, Jaisalmer.
27. Chief Medical And Health Officer, Jaisalmer.
28. Rajasthan Medical Relief Society, Jaisalmer, Through
Secretary, District Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Mrinal Khatri
For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave, AGC
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
10/11/2025
1. Learned counsel for both the parties submitted that the case
of the petitioner is squarely covered by the order passed by a
coordinate bench of this Court on 19.07.2023 in S.B. Civil Writ
Petition No. 483/2023 (Hitesh Kumar & Ors. Vs. State of
Rajasthan & Ors.).
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2. The order dated 19.07.2023 reads as follows:
"8. Having regard to the rival stands, instead of
deciding petitioners' entitlement at this stage, as the
same would require factual determination of various
aspects, all these writ petitions are disposed of with the
directions to each of the petitioners to file his/her
representation before the CMHO of his/her District,
where they are/were engaged.
9. It will be required of the petitioners to file a copy of
the advertisement, appointment letter by the CMHO or
any other competent Government official and/or a copy
of the contract.
10. The representation aforesaid be filed on or before
10.08.2023.
11. The concerned CMHO shall consider candidature of
each of the petitioners separately in terms of the Rules
of 2022, particularly Rule 3 of the Rules of 2022. He
shall clearly indicate as to whether appointment of the
petitioner was under scheme or project of the State
Government and he/she was engaged through public
advertisement. The CMHO shall decide the
representation of the petitioners on or before
15.09.2023.
12. The concerned CMHO shall forward the list of all
the candidates, who fulfill the conditions of the Rules of
2022, to the Director Medical Health.
13. The Director Medical & Health shall consolidate list
so sent by all the CMHOs and recommend the names to
the Finance Department for doing the needful in
accordance with law.
14. Once, such list is received from the Director
Medical & Health, the needful in accordance with law
will be done by the Finance Department within a period
of four weeks.
15. It is hereby made clear that this Court has not
pronounced upon the eligibility or entitlement of any of
the candidates under the Rules of 2022. In case any
candidate has been engaged through placement
agency, the concerned CMHO shall seek guidance from
the State Government (Finance Department) and
decide his/her case individually.
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16. If final decision of the CMHO concerned or State
Government is prejudicial to the rights of the
petitioner(s), he/she/they will be free to take legal
remedies in accordance with law.
17. Stay petitions also stand disposed of."
3. Considering the above judgment, the present writ petition is
disposed of. The petitioner is given liberty to make a
representation within a period of one week from today. On such
representation, the respondents are directed to consider the same
within a period of two months in light of the decision of the
Coordinate Bench of this Court in the case of Hitesh Kumar &
Ors. (supra).
4. All pending applications, if any, stand disposed of.
(MUNNURI LAXMAN),J
417-BhumikaP/-
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