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Dr. Pragaya Dadich vs The State Of Rajasthan ...
2025 Latest Caselaw 14441 Raj

Citation : 2025 Latest Caselaw 14441 Raj
Judgement Date : 27 October, 2025

Rajasthan High Court - Jodhpur

Dr. Pragaya Dadich vs The State Of Rajasthan ... on 27 October, 2025

[2025:RJ-JD:46287]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 20848/2025

1.       Dr. Pragaya Dadich D/o Manohar Sharma, Aged About 29
         Years, Posted At Community Health Centre (CHC) Kuraj,
         Block Railmagra, District Rajsamand.
2.       Dr. Hansraj Kumawat S/o Mohan Lal Kumawat, Aged
         About 31 Years, Posted At Community Health Centre
         (CHC) Khamnor, Block Khamnore, District Rajsamand.
3.       Dr. Divyangna Saini D/o Indraj Saini, Aged About 26
         Years, Posted At Community Health Centre (CHC)
         Shishoda, Block Khamnor, District Rajsamand.
4.       Dr. Pooja Paliwal D/o Kailash Paliwal, Aged About 31
         Years, Posted At Community Health Centre (CHC) Gilund,
         Block Railmagra, District Rajsamand.
5.       Dr. Lakshya Sharma S/o Dr. Samnder Singh Sharma,
         Aged About 27 Years, Posted At Community Health Centre
         (CHC) Delwara, Block Delwara, District Rajsamand.
6.       Dr. Chesta Tripathi D/o Shri Shankar Soni, Aged About 29
         Years, Posted At Community Health Centre (CHC) Nedach,
         Block Delwara, District Rajsamand.
7.       Dr. Swarnim Vashishtha S/o Ram Bharosi Lal Sharma,
         Aged About 31 Years, Posted At Community Health Centre
         (CHC) Gogunda, Block Gogunda, District Udaipur.
8.       Dr. Iftisham Khan Pathan D/o Rashid Khan Pathan, Aged
         About 29 Years, Posted At R. K. Government District
         Hospital, Rajsamand.
9.       Dr. Chothani Pinal Arvindbhai D/o Arvindbhai Chothani,
         Aged About 29 Years, Posted At Rk Government District
         Hospital, Rajsamand.
10.      Dr. Jatin Purbia S/o Mohan Lal Purbia, Aged About 26
         Years, Posted At Primary Health Centre (PHC) Padawali
         Kala, Block Gogunda, District Udaipur.
                                                                  ----Petitioners
                                    Versus
1.       The State Of Rajasthan, Through Principal Secretary,
         Medical And Health Department, Government Of
         Rajasthan, Secretariat, Jaipur.
2.       Joint  Secretary,  Medical     And                  Health   (Group-2)
         Department, Secretariat, Jaipur.
3.       The Director, Medical And Health Services, Rajasthan
         Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
4.       The District Collector Cum Chairman, Rajasthan Medicare
         Relief Society, Rajsamand.
5.       The District Collector Cum Chairman, Rajasthan Medicare
         Relief Society, Udaipur.
6.       The Chief Medical And Health Officer, Rajsamand.


                      (Uploaded on 27/10/2025 at 03:11:34 PM)
                     (Downloaded on 27/10/2025 at 08:35:40 PM)
 [2025:RJ-JD:46287]                   (2 of 4)                       [CW-20848/2025]


7.       The Chief Medical And Health Officer, Udaipur.
8.       Rk Government District Hospital, Rajasthan.
9.       The Block Chief Medical And Health Officer, Delwara,
         District Rajsamand.
10.      The Block Chief Medical And Health Officer, Khamnore,
         District Rajsamand.
11.      The Block Chief Medical And Health Officer, Railmagra,
         District Rajsamand.
12.      The Block Chief Medical And Health Officer, Gogunda,
         District Udaipur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Mahesh Chand Gupta.
For Respondent(s)         :     Mr. Tanuj Jain on behalf of
                                Mr. Mukesh Dave, Govt. Counsel.



            HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

27/10/2025

1. Heard.

2. The present writ petition is relating to the disengagement of

the Medical Officer who was appointed on Urgent Temporary Basis

(UTB). The similar controversy has been decided by this Court in

the case of Dr. Shreeram Jhajhara & Ors Vs. State of

Rajasthan & Ors. in S.B. Civil Writ Petition No.20410/2025,

decided on 15.10.2025. The relevant portion of the judgment

dated 15.10.2025 reads as follows: -

"3. The main grievance of the learned counsel appearing on behalf of the petitioners is that the petitioners were engaged on an urgent temporary basis on the post of Medical Officer until regular recruitment is completed for the said post. This recruitment is conducted by a Committee constituted at the district level and urgent recruitment was carried out to fill the vacancies existing in the said districts.

(Uploaded on 27/10/2025 at 03:11:34 PM)

[2025:RJ-JD:46287] (3 of 4) [CW-20848/2025]

4. The further grievance of the learned counsel for the petitioners is that, as per the selection made at the district level, the petitioners were posted at the concerned PHC. It is also submitted that until the regular post is filled, the position of Medical Officer at the concerned PHC is to be filled on a temporary basis.

5. Vide order dated 01.10.2025 (Annex.6), general directions were issued to disengage Medical Officers appointed on temporary basis wherever such vacancies have been filled with regular employees.

6. The case of the petitioners is that certain vacancies still remain unfilled by regular appointments and the petitioners' candidature should be considered for such vacancies without initiating any fresh urgent temporary recruitment, until regularly appointed Medical Officers are posted in the concerned districts where the petitioners and others were selected.

7. The fact remains that various persons were selected by the District Level Committee, consisting of district-level and other officers, depending on the vacancies then existing and they were engaged on an urgent temporary basis.

8. It appears that certain regular postings have been made, as a result, the impugned common order has been passed disengaging the persons wherever such posts are filled up with regular postings. The engagement of the petitioner along with others was on temporary basis till regular recruitment is done.

9. If there are still any vacant posts unfilled by regular recruitment or by any person on an urgent temporary basis, such vacancies are required to be filled from among the persons who have been disengaged due to regular appointments.

10. Before disengaging the petitioner, the respondents were required to consider all such disengaged persons for any other posts that remain vacant due to the absence/non-joining of regular appointments. Such re- engagement shall be made based on merit and length of service among the persons already disengaged in the same district.

(Uploaded on 27/10/2025 at 03:11:34 PM)

[2025:RJ-JD:46287] (4 of 4) [CW-20848/2025]

11. The said exercise shall be carried out within a period of one month from the date of receipt of a copy of this order.

12. With the aforesaid directions, the present writ petition is disposed of."

3. Accordingly, the instant writ petition is also disposed of in

the same terms as in Dr. Shreeram Jhajhara & Ors. (supra).

4. All the pending applications, if any, also stand disposed of.

(MUNNURI LAXMAN),J 214-Mohan/-

(Uploaded on 27/10/2025 at 03:11:34 PM)

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