Citation : 2025 Latest Caselaw 14442 Raj
Judgement Date : 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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