Citation : 2025 Latest Caselaw 12746 Raj
Judgement Date : 8 September, 2025
[2025:RJ-JD:39642]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10630/2025
Udai Lal Koli S/o Shri Kishan Koli, Aged About 64 Years, Resident
Of Village And Post Chhoti Bijoliya, Tehsil Mandalgarh, Bhilwara,
Presently Working At Rajasthan Ucchikrit Up Swasthya Kendra,
Chhoti Bijoliya, Bhilwara.
----Petitioner
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, 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.
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, Bhilwara.
15. Chief Medical And Health Officer, Bhilwara.
16. Rajasthan Medical Relief Society, Bhilwara, Through
Secretary, District Bhilwara.
----Respondents
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[2025:RJ-JD:39642] (2 of 4) [CW-10630/2025]
For Petitioner(s) : Mr. Vishwajeet Singh Ranawat
HON'BLE DR. JUSTICE NUPUR BHATI
Order
08/09/2025
1. Heard learned counsel for the petitioner.
2. The present writ petition has been filed with following prayers:
"I. By an appropriate writ, order or direction, the respondents may kindly be directed to regularize the services of the petitioners on their respective posts after screening and consequently, give all the benefits of the services from the date of their respective initial date of appointment in view of the provisions of Rajasthan Contractual Hiring to Civil Posts Rules, 2022.
II. By an appropriate writ, order or direction, the respondents may kindly be directed to treat the petitioners at par to the other employees who have been extended the benefits under the Rules of 2022."
3. Learned counsel for the petitioner submits that the controversy
involved in the present writ petition is squarely covered by a
judgment of this Court rendered in S.B. Civil Writ Petition
No.483/2023 (Hitesh Kumar & Ors. Vs. State of Rajasthan
& Ors.) and other connected matters, decided on 19.07.2023 in
the following terms:
"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
[2025:RJ-JD:39642] (3 of 4) [CW-10630/2025]
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.
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."
4. Learned counsel for the petitioner submits that the petitioner
may be permitted to file a representation to the respondents
afresh for redressal of the grievances in light of the judgment
rendered by this Court in the case of Hitesh Kumar (supra).
5. In view of the submission made by the learned counsel for the
petitioner, the present writ petition is disposed of with a direction
to the respondents to decide the representation of the petitioner
strictly in accordance with law, considering the judgment rendered
by this Court in the case of Hitesh Kumar (supra), if the case of
the petitioner stands on the same footing.
6. The order has been passed based on the submissions made in
the petition, the respondents would be free to examine the
[2025:RJ-JD:39642] (4 of 4) [CW-10630/2025]
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the petitioner
would be entitled to the relief.
(DR.NUPUR BHATI),J surabhii/7-
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