Citation : 2025 Latest Caselaw 13838 Raj
Judgement Date : 26 September, 2025
[2025:RJ-JD:43531]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3694/2019
1. Kundan Singh Chandrawat S/o Krishan Narayan Singh
Chandrawat, Aged About 30 Years, At Present Working As
Man With Machine, Computer Operator At P.h.c.
Kesriyavad, Pratapgarh.
2. Thawar Chand Meghwal S/o Chokha Meghwal, Aged About
31 Years, At Present Working As Man With Machine,
Computer Operator At P.h.c.pohada, Pratapgarh.
3. Gauravpreet D/o Hardeep Singh, Aged About 25 Years, At
Present Working As Lab Technician At P.h.c. Chanana
Dham, Sri Ganganagar.
4. Rajesh Kumar S/o Bhura Ram, Aged About 40 Years, At
Present Working As Lab Technician At P.h.c. Dhansiya,
Hanumangarh.
5. Ramkumar S/o Shrigopal Ram, Aged About 31 Years, At
Present Working As Lab Technician At P.h.c.jaloki, Sri
Ganganagar.
6. Manoj Kumar S/o Kishanlal, Aged About 38 Years, At
Present Working As Lab Technician At P.h.c. Gunguvala,
Sri Gangangar.
7. Suresh Kumar S/o Bhoopsingh Pachar, Aged About 32
Years, At Present Working As Lab Technician At P.h.c.
Jigasari Choti, Hanumangarh.
8. Govind Ram S/o Gordhan, Aged About 38 Years, At
Present Working As Lab Technician At P.h.c. Manjhuvaas,
Sri Ganganagar.
9. Vijay Singh S/o Hosiyar Singh, Aged About 43 Years, At
Present Working As Lab Technician At P.h.c. Fakrivali, Sri
Ganganagar.
10. Krishan Gopal Sharma S/o Amarnath Sharma, Aged
About 42 Years, At Present Working As Computer
Operator At P.h.c. Ganguwala, Sri Ganganagar.
11. Rakesh Kumar S/o Lekhram, Aged About 29 Years, At
Present Working As Computer Operator At P.h.c. Udasar,
Sri Ganganagar.
12. Ekta W/o Mahaveer, Aged About 30 Years, At Present
Working As Computer Operator At P.h.c. Lakha Hakam
Tehsil Raisighnagar, Sri Ganganagar.
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[2025:RJ-JD:43531] (2 of 4) [CW-3694/2019]
13. Mohd. Abid S/o Mohd. Rafiq Bhati, Aged About 32 Years,
At Present Working As Computer Operator At P.h.c.
Norangdesar Block Bikaner District Bikaner.
14. Narendra Regar S/o Ranjeet Kumar, Aged About 34 Years,
At Present Working As Computer Operator At C.h.c.
Gulabpura, District Bhilwara.
15. Bhagwati Lal Balai S/o Sukhdev Balai, Aged About 29
Years, At Present Working As Computer Operator At C.h.c.
Gulabpura, District Bhilwara.
16. Anil Bairwa S/o Ladu Ram Bairwa, Aged About 34 Years,
At Present Working As Computer Operator At C.h.c.
Gulabpura, District Bhilwara.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary Medical And
Health Department, Government Of Rajasthan, Jaipur.
2. Director (Public Health), Medical And Health Services,
Government Of Rajasthan, Jaipur.
3. Chief Medical And Health Officer, Sri Ganganagar.
4. Chief Medical And Health Officer, Hanumangarh.
5. Chief Medical And Health Officer, Bikaner.
6. Chief Medical And Health Officer, Bhilwara.
7. Medical Officer, In-Charge Chanana District Sri
Ganganagar.
----Respondents
For Petitioner(s) : None present
For Respondent(s) : Mr. Mukesh Dave, AGC
HON'BLE MS. JUSTICE REKHA BORANA
Order
26/09/2025
1. A submission was made on behalf of counsel for the
petitioners that the controversy in question rests covered by the
judgment passed by a Co-ordinate Bench of this Court in S.B.
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[2025:RJ-JD:43531] (3 of 4) [CW-3694/2019]
Civil Writ Petition No.7273/2020: Jai Prakash Ghanchi &
Ors. & Vs. State of Rajasthan & Ors. (decided on 19.01.2021).
2. Learned counsel for the respondent-Department is not in a
position to refute the above submission.
3. In the case of Jai Prakash Ghanchi (supra), it was
observed and held as under:
"14. In considered opinion of this Court, the concern shown rather grievance raised by the petitioners is genuine and the State's action/attempt of deploying placement agencies as intermediary agencies between the petitioners and the State Government, is arbitrary, as has already been held by this Court.
15. That apart, when the State itself has come up with an order dated 02.09.2020, doing away with the placement agencies and rightly so, the proceedings of engaging placement agencies, cannot be countenanced. The same are liable to be declared illegal.
16. Petitioners are working as Computer Operator (Man with Machine) on purely contract basis with the respondent society, namely RMRS. Introduction of placement agency would result in change in petitioners' employer.
17. All the writ petitions are hereby allowed.
18. The advertisements/E-tenders issued by the respondents for engaging the petitioners through placement agencies impugned herein are hereby quashed.
19. The State - respondents are hereby directed to continue the petitioners engagement/contract with Rajasthan Medicare Relief Society, in accordance with law.
20. Needless to observe that in case regularly selected candidates are available, the State shall be free to proceed in accordance with law, including disbanding petitioners' contract or disengaging them.
21. Interlocutory application(s) also stands disposed of."
4. In view of the above, the present writ petition is also
disposed of on the same terms and conditions as in the case of
Jai Prakash Ghanchi (supra).
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[2025:RJ-JD:43531] (4 of 4) [CW-3694/2019]
5. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J 13-manila/-
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