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Dr. Bhajan Lal vs The State Of Rajasthan ...
2025 Latest Caselaw 14442 Raj

Citation : 2025 Latest Caselaw 14442 Raj
Judgement Date : 27 October, 2025

Rajasthan High Court - Jodhpur

Dr. Bhajan Lal vs The State Of Rajasthan ... on 27 October, 2025

[2025:RJ-JD:46260]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR

                  S.B. Civil Writ Petition No. 20590/2025

1.       Dr. Bhajan Lal S/o Ranaram, aged about 30 Years,
         Resident of Village/post Karawari, Tehsil Sanchore District
         Jalore. At present working as Medical Officer (UTB), PHC
         Kelnor Block Chohtan District Barmer.
2.       Dr. Dinesh Kumar S/o Shri Ram Bishnoi, aged about 29
         Years,      resident    of    Ranjit      Nagar       Gudamalani,       Tehsil
         Gudamalani District Barmer. At present working as
         Medical Officer (UTB), CHC Gudamalani Block Gudamalani
         District Barmer.
3.       Dr. Vikash S/o Suresh Kumar, aged about 35 Years,
         resident of Behind Township Colony, Shivnagar, Barmer.
         At present working as Medical Officer (UTB), UPHC Truck
         Union, Block Barmer District Barmer.
4.       Dr. Suresh Kumar S/o Pokar Ram, aged about 33 Years,
         resident of Rugnathaniyan Mudhon Ki Dhani, Leelsar,
         Barmer. At present working as Medical Officer (UTB), PHC
         Baori Kallan, Block Chouhtan District Barmer.
5.       Dr. Arvind S/o Hanuman Ram, aged about 32 Years,
         Resident of V/p Khar Ki Beri, Rohila Purv, Lookhu, District
         Barmer. At Present Working As Medical Officer (UTB),
         SDH Dhorimanna District Barmer.
6.       Dr. Kamla Virt D/o Shri Mana Ram Virt, aged about 33
         Years, resident of Ambedkar Nagar, Chouhtan Agor,
         Chouhtan District Barmer.
7.       Dr. Vishnu Kumar Vishnoi S/o Mohan Ram Vishnoi, aged
         about 29 Years, resident of Lookhu, Dhorimana Lookhu,
         District Barmer. At Present Working As Medical Officer
         (UTB), Sarla, Block Sedva, District Barmer.
8.       Dr. Narendra Kumar S/o Gorkha Ram Vishnoi, aged about
         31   Years,     resident        of    Berigaon        Tehsil    Gudamalani,
         Gandhav Kalan, District Barmer. At Present Working As
         Medical      Officer    (UTB),       PHC       Gandhav         Khurd,   Block
         Gudamalani District Barmer.
9.       Dr. Birbal Ram S/o Shri Mangi Lal, aged about 38 Years,
         resident of Dedwa Post Jakhat, Tehsil Sanchore District
         Jalore. At Present Working As Medical Officer (UTB), CHC
         Gudamalani Block Gudamalani District Barmer.


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10.      Dr. Anil Kumar Choudhary S/o Jagta Ram, aged about 32
         Years, resident of Lalpur, Jalore. At Present Working As
         Medical Officer (UTB), RFWC Bhedana Block Gudamalani
         District Barmer.
11.      Dr. Renuka Choudhary D/o Poornesh Choudhary, aged
         about       30    Years,       resident        of    Rana      Pratap      Bazar,
         Gudamalani District Bremr. At Present Working As Medical
         Officer (UTB), PHC Bhedana, Block Gudamalani District
         Barmer.
12.      Dr. Himanshu Choudhary S/o Durga Ram Choudhary,
         aged about 29 Years, resident of Neharu Nagar, Barmer.
         At Present Working As Medical Officer (UTB), PHC Ratasar
         Block Chohtan District Barmer.
13.      Dr. Suresh Panwar S/o Jay Ram Panwar, aged about 33
         Years, resident of V/p Panawali, Daboi District Barmer. At
         Present Working As Medical Officer (UTB), Posted At Dh
         Chouhtan District Barmer.
14.      Dr. Mayank Beniwal S/o Shri Mahesh Kumar Choudhary,
         aged about 34 Years, resident of Nehru Nagar, Barmer. At
         Present Working As Medical Officer (UTB), Posted At CHC,
         Chava, Block Barmer District Barmer.
15.      Dr. Malvika Choudhary D/o Ganga Ram, aged about 29
         Years, resident of 84, Latiyal Ka Bas, Ajmer Road, VPO
         Lampolai, Tehsil Riyan Badi, District Nagaur. At Present
         Working As Medical Officer (UTB), PHC Baggar Block
         Riyan Badi, District Nagaur.
16.      Dr. Sonu D/o Shri Bhanwara Ram Pichkiya W/o Bhagirath
         Kala, aged about 29 Years, resident of 177, Pichkiyo Ka
         Bas, Mundwa Tehsil Mundwa District Nagaur. At Present
         Working      As      Medical       Officer      (UTB),       Posted   At    CHC
         Sankhwas, Block Mundwa District Nagaur.
17.      Lakshya Chharang S/o Shri Pukhraj Chharang, aged about
         29 Years, resident of Dhandhlas Uda, District Nagaur. At
         Present Working As Medical Officer (UTB), Posted At CHC
         Ren, Block Merta City, District Nagaur.
18.      Dr.   Priyanka          Choudhary           D/o      Shri     Khetpal      Singh
         Choudhary, aged about 29 Years, resident of House No.
         16, Shakti Nagar, Road No. 7, Paota C Road, Jodhpur. At
         Present Working As Medical Officer (UTB), Posted At PHC,
         Nimbo Ka Talab, Block Bapini District Phalodi.

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                                                                       ----Petitioners
                                       Versus
1.       The State of Rajasthan, through its Principal Secretary,
         Department of Medical and Health Services, Secretariat,
         Jaipur (Raj.).
2.       The    Joint    Secretary,         Medical       and       Health   Services,
         Rajasthan, Jaipur (Raj.).
3.       The Director (Gazetted), Medical, Health and Family
         Welfare Department, Swasthya Bhawan, Tilak Marg,
         Jaipur (Raj.).
4.       The District Collector, Barmer.
5.       The District Collector, Nagaur.
6.       The District Collector, Phalodi.
7.       The Chief Medical and Health Officer, Barmer.
8.       The Chief Medical and Health Officer, Nagaur.
9.       The Chief Medical and Health Officer, Phalodi.
                                                                     ----Respondents


For Petitioner(s)            :     Mr. S.S. Gaur
                                   Mr. Ram Bishnoi
For Respondent(s)            :     Mr. Tanuj Jain for
                                   Mr. Mukesh Dave, AGC


            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: -

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"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.

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

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service among the persons already disengaged in the same district.

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 pending applications, if any, also stand disposed of.

(MUNNURI LAXMAN),J

209-Dharmendra Rakhecha/-

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