Jitendra Kumar Sharma vs State Of Rajasthan (2026:Rj-Jd:8014) on 12 February, 2026

Author: Nupur Bhati

Bench: Nupur Bhati

[2026:RJ-JD:8014]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 1841/2026

1.       Jitendra Kumar Sharma S/o Shri Girdhari Lal, Aged About
         39 Years, R/o Bheruji Ka Pass, Bhadesar, Chittorgarh.
2.       Shankar Lal Jat S/o Shri Hem Raj Jat, Aged About 45
         Years, R/o Jat Mohalla, Gopi Ka Kheda, Bhadesar, District
         Chittorgarh.
3.       Pawan Kumar Saxena S/o Shri Ashok Kumar Saxena,
         Aged About 38 Years, R/o Gardana, Chittorgarh.
4.       Nand Lal Luhar S/o Shri Ghasi Ram, Aged About 44 Years,
         R/o Mataji Ke Mandir Ke Pass, Chawandiya, Chittorgarh.
5.       Prabhu Ram Gurjar S/o Shri Lachhoo Ram Gurjar, Aged
         About 32 Years, R/o 25, Kalesariya, Chwala Rel Ka Khera,
         Rajsamand.
6.       Ladu Lal Sen S/o Shri Kanhaiya Lal Sen, Aged About 47
         Years, R/o Ahir Mohalla, Katunda, Chittorgarh.
7.       Satveer S/o Shri Babu Lal, Aged About 42 Years, R/o
         Village Jharki, Tehsil Nadbai, Bharatpur.
8.       Shambu Lal Meghwal S/o Shri Mangi Lal Meghwal, Aged
         About 49 Years, R/o Uthen Kalan, Tehsil Begun, District
         Chittorgarh.
9.       Devi Lal Gurjar S/o Shri Halu Gurjar, Aged About 40
         Years,      R/o   Dhabai        Ka     Khera,        Daulatpura,       District
         Chittorgarh.
10.      Shanti Lal Dhaker S/o Shri Udai Lal Dhaker, Aged About
         40 Years, R/o Nayagaav, Chechi, Chittorgarh.
11.      Dal Chand Khatik S/o Shri Kalyan Mal Khatik, Aged About
         41 Years, R/o Chechi, Chittorgarh.
12.      Abhay Kumar Karodiwal S/o Shri Kanhaiya Lal Mali, Aged
         About 33 Years, R/o Maliyon Ka Mohalla, Chand Sen,
         Tonk.
13.      Yashwant Nayak S/o Shri Bhawani Lal, Aged About 44
         Years,      R/o   Nayko       Ki     Gali,    Ward         No.   15,   Begun,
         Chittorgarh.
14.      Surendra Kumar S/o Shri Hemraj Meena, Aged About 42
         Years, R/o Delpura, Bundi.
15.      Mukesh Gurjar S/o Shri Shyonarayan Gurjar, Aged About
         34 Years, R/o Bamor, Tonk.

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16.      Sonu Kumar Sharma S/o Shri Ladu Lal Sharma, Aged
         About 32 Years, R/o Anoppura, Nandwai, Chittorgarh.
17.      Bheru Lal Teli S/o Shri Karu Lal Teli, Aged About 41 Years,
         R/o    Teliyo      Ka      Mohalla,        Bhoot       Bangala,       Doongla,
         Chittorgarh.
18.      Jamil Khan S/o Shri Babu Khan, Aged About 49 Years, R/
         o Brahampuri, Sadar Bazar, Basni, Chittorgarh.
19.      Anurag Joshi S/o Shri Rajendra Kumar Joshi, Aged About
         28 Years, R/o Jaisiya Ram Marg, Near Devla Baba Temple,
         Ward No. 6, Jahazpur, Bhilwara.
20.      Durga Shankar Harijan S/o Shri Bheru Lal, Aged About 38
         Years, R/o Luhana, Tehsil Bhadesar, District Chittorgarh.
21.      Bhagwandas Bairagi S/o Shri Prabhu Das Bairagi, Aged
         About 30 Years, R/o Raipuriya Khrud, Tehsil Bhupal Sagar,
         Kapasan, District Chittorgarh.
22.      Kalu Singh Rajput S/o Shri Man Singh Rajput, Aged About
         41 Years, R/o Bhatton Ka Bamaniya, Tehsil Kapasan,
         District Chittorgarh.
23.      Kiran Kumar Gawaria S/o Shri Panna Lal Gawaria, Aged
         About 35 Years, R/o Akola, Kapasan, District Chittorgarh.
24.      Lokesh Patidar S/o Shri Mukesh Patidar, Aged About 29
         Years,     R/o     Salamgarh           Road,       Ward      No.    1,   Dalot,
         Pratapgarh.
25.      Pawan Kumar Sharma S/o Shri Radhe Shyam Sharma,
         Aged About 34 Years, R/o Maheshwari Mohalla, Pahoona,
         Chittorgarh.
26.      Vikram      Singh        Chundawat           S/o      Shri    Bheru      Singh
         Chundawat, Aged About 41 Years, R/o 30, Rawala Chowk,
         Manyas, Rashmi, District Chittorgarh.
27.      Aajam Mohd Gouri S/o Shri Aslam Mohd Gouri, Aged
         About 30 Years, R/o Holi Mangra, Tehsil Road, Nathdwara,
         Rajsamand.
28.      Ramesh Chandra Purbiya S/o Laxman Lal Purbiya, Aged
         About 35 Years, R/o Ravala Ke Pass, Gogathala, Kuraj,
         Rajsamand.
29.      Somesh Ahir S/o Shri Udai Ram Ahir, Aged About 33
         Years, R/o Ahir Mohalla, Kuraj, Rajsamand.
30.      Thakur Dutt Sanadhya S/o Shri Satyanarayan Sanadhya,


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         Aged About 39 Years, R/o Sadar Bazar, Sanadhya
         Mohalla, Rajyawas, Rajsamand.
31.      Goverdhan Lal Jat S/o Shri Dal Chand Jat, Aged About 44
         Years, R/o Damodarpura, Khad, Bamnia, Rajsamand.
32.      Udai Lal Paliwal S/o Shri Sohan Lal Paliwal, Aged About
         40 Years, R/o Ward No. 14, Changedi Road, Tehsil Mavli,
         Fatehnagar, Udaipur.
33.      Hamer Lal Gurjar S/o Shri Gopi Lal Gurjar, Aged About 38
         Years, R/o Near Shiv Mandir, Keradi, Boraj, District
         Rajsamand.
34.      Jitendra Lohar S/o Shri Janki Lal, Aged About 31 Years, R/
         o Kakarwa, Rajsamand.
35.      Dildar Ali Sayad S/o Shri Gafar Ali Sayad, Aged About 40
         Years, R/o Ward No. 6, Ajad Chowk, Kelwara, Rajsamand.
36.      Ratan Lal Sharma S/o Shri Shyam Lal Sharma, Aged
         About 42 Years, R/o Sadri, Tehsil Railmagara, Rajsamand.
37.      Prem Chand Saini S/o Shri Lahari Ram Saini, Aged About
         37 Years, R/o Chilki Bawari Road, Bhairu Lal Ka Bass,
         Rajpur, Alwar.
38.      Ashok Kumar Meena S/o Ladu Lal Meena, Aged About 34
         Years, R/o Amarwasi, Bhilwara.
39.      Ram Singh Meena S/o Shri Kalu Ram Meena, Aged About
         42 Years, R/o Vijaygarh, Bundi.
40.      Som Lal Damor S/o Shri Nanu Ji, Aged About 40 Years, R/
         o   Village    Kumhariya,           Post      Barajadiya,   Anandpuri,
         Banswara.
41.      Ram Kumar S/o Shri Hakim Singh, Aged About 34 Years,
         R/o Vinuan, Rupbas, Bharatpur.
42.      Phool Chand Lodha S/o Shri Bal Chand Lodha, Aged
         About 42 Years, R/o Bramhpura, Righone, Jhalrapatan,
         District Jhalawar.
43.      Sujan Singh Lodha S/o Shri Dev Lal Lodha, Aged About
         36 Years, R/o Dev Nagar, Jhalrapatan, District Jhalawar.
44.      Ramnarayan Lodha S/o Shri Lal Chand, Aged About 29
         Years, R/o Melki, Jhalawar.
45.      Bhuvnesh Sharma S/o Shri Nandkishore Sharma, Aged
         About 38 Years, R/o Jyoti Nagar Colony, Bakani, Jhalawar.
46.      Bheru Lal Kumhar S/o Shri Devi Lal Kumhar, Aged About

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         42 Years, R/o Panchayat Samiti Road, Bakani, Tehsil
         Jhalrapatan, District Jhalawar.
47.      Jaynarayan Sharma S/o Shri Bal Chand Sharma, Aged
         About 52 Years, R/o Kamalpura, Jhalrapatan, Jhalawar.
48.      Suresh Chandra S/o Shri Madan Lal, Aged About 54
         Years, R/o Rampuriya, Jhalawar.
49.      Mukesh Kumar Goswami S/o Shri Basanti Lal Goswami,
         Aged About 39 Years, R/o Bhopal Road, New Basti,
         Aklera, Jhalawar.
50.      Sadik Khan S/o Shri Allanur, Aged About 48 Years, R/o
         Harnawda Peetha, Gaja, Jhalawar.
51.      Brajesh Kumar Verma S/o Shri Moti Lal Verma, Aged
         About 35 Years, R/o Dabali, Lasooriya Shah, District
         Jhalawar.
52.      Kamlesh Kumar Lodha S/o Shri Mohanlal, Aged About 36
         Years, R/o Devri Khurd, Tehsil Aklera, District Jhalawar.
53.      Radhe Shayam Sharma S/o Shri Devi Lal Sharma, Aged
         About 45 Years, R/o Kher Kheda, Near Amrit Kheri,
         Gulkhedi, District Jhalawar.
54.      Ramesh Chand Bheel S/o Shri Ram Nath Bheel, Aged
         About 47 Years, R/o Bawadi Wali Gali, Deori Kalan,
         Jhalawar.
55.      Arjun Singh Mali S/o Shri Prabhu Lal Mali, Aged About 32
         Years, R/o Gayatri Nagar, Ratlai, Tehsil Jhalrapatan,
         District Jhalawar.
56.      Shanu Mevara S/o Shri Jagdish Chand Mevara, Aged
         About 38 Years, R/o 232, New Abadi Asnawar, District
         Jhalawar.
57.      Mukesh Kumar Gurjar S/o Shri Sita Ram Gurjar, Aged
         About 31 Years, R/o Pani Ki Tanki Ke Piche, Renpla,
         Bakani, District Jhalawar.
58.      Shelendra Kumar Nagar S/o Shri Jodhraj Nagar, Aged
         About 30 Years, R/o Bagod, Layphal, Jhalawar.
59.      Dinesh Kumar S/o Shri Brij Mohan, Aged About 32 Years,
         R/o Khariya, Kota.
60.      Banwari Lal Nagar S/o Shri Prahlad Nagar, Aged About 30
         Years, R/o Peetampura, Khanpur, District Jhalawar.
61.      Sunil Kumar Sharma S/o Shri Prabhu Lal, Aged About 38

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         Years, R/o Harizan Ki Khidki, Dag, Jhalawar.
62.      Rakesh Kumar Raiwal S/o Shri Jagdish Prasad Raiwal,
         Aged About 40 Years, R/o Gurjar Mohalla, Bakani,
         Jhalawar.
63.      Dinesh Kumar S/o Shri Kishana Ram, Aged About 32
         Years, R/o Meghava, Veerawa, District Jalor.
64.      Kailash Bishnoi S/o Shri Narana Ram, Aged About 27
         Years, R/o Chaura, Jalor.
65.      Prakash Vishnoi S/o Shri Sohan Lal Saran, Aged About 30
         Years, R/o Dawal, Jalor.
66.      Sawala Ram S/o Shri Ashu Ram, Aged About 30 Years, R/
         o Vishnoiyo Ki Dhani, Akoli, Jalor.
67.      Kailash Kumar S/o Shri Kesa Ram, Aged About 25 Years,
         R/o Gura Hema, Jalor.
68.      Prakash Chandra Ninama S/o Shri Hakaru Ninama, Aged
         About 33 Years, R/o Ward No. 4, Senawasa, Banswara.
69.      Kailash Vishnoi S/o Shri Bhera Ram, Aged About 32
         Years, R/o Panwaro Ki Dhani, Malwara, Parawa, Jalor.
70.      Jayant Kumar S/o Shri Prema Ram, Aged About 32 Years,
         R/o 92 Kumharo Ka Bass, Keriya, Chitalwana, Jalor.
71.      Hitesh Kumar S/o Shri Shankar Lal, Aged About 41 Years,
         R/o Janameri, Banswara.
72.      Dinesh Chandra Makvana S/o Shri Pratap Makvana, Aged
         About 29 Years, R/o Ward No. 9, Adivasi Mohalla, Maina
         Maudi, Saliya, Vajwana, District Banswara.
73.      Jagdish Chand Vaishnav S/o Shri Hira Lal Vaishnav, Aged
         About 45 Years, R/o Salpura Road, Nake Ke Pass, Punjab
         Colony, Chhipabarod, Baran.
74.      Dev Raj Gurjar S/o Shri Ramraj Gurjar, Aged About 32
         Years, R/o Tejaji Ka Mohalla, Khawaspura, District Tonk.
75.      Mohd Jameel S/o Shri Mohd Haneef, Aged About 33
         Years, R/o F-100, Rico Industrial Area, Tonk.
76.      Jagdish Singh S/o Shri Jodha Raj Singh, Aged About 44
         Years, R/o Rajputo Ka Mohalla, Tokrawas Bundi, Tonk.
77.      Vinod Kumar Verma S/o Shri Ramswaroop Verma, Aged
         About 26 Years, R/o Ghar Road, Regar Mohalla, Dooni,
         District Tonk.


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                                                                       ----Petitioners
                                        Versus
 1.         State Of Rajasthan, Through The Principal Secretary,
            Medical     And       Health      Department,            Government    Of
            Rajasthan, Secretariat, Jaipur.
 2.         The Mission Director (Nhm), Directorate Of Medical Health
            And Family Welfare Services, Swasthya Bhawan, C-
            Scheme, Tilak Marg, Jaipur.
 3.         The Director (Public Health), Medical And Health Services,
            Rajasthan, Swasthya Bhawan, C-Scheme, Tilak Marg,
            Jaipur.
 4.         The   Director        (Non-Gazetted),           Medical     And    Health
            Services,   Rajasthan,         Tilak     Marg,      Swasthya      Bhawan,
            Jaipur.
 5.         The Secretary, Department Of Personnel, Government Of
            Rajasthan, Secretariat, Jaipur.
 6.         The Secretary, Department Of Finance, Government Of
            Rajasthan, Secretariat, Jaipur.
 7.         The   Secretary,       General          Administration      Department,
            Government Of Rajasthan, Secretariat, Jaipur.
                                                                     ----Respondents


For Petitioner(s)             :     Mr. Bharat Singh Rathore
                                    Mr. Nikhil Bishnoi
                                    Mr. Jayram Saran
                                    Mr. Devendra



                  HON'BLE DR. JUSTICE NUPUR BHATI

Order

12/02/2026

1. At the request of the learned counsel for the petitioners, the

matter has been heard for final disposal at the admission stage

itself.

2. The learned counsel appearing for the petitioners submits

that the facts in the present case is similar to the facts in D.B.

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[2026:RJ-JD:8014] (7 of 8) [CW-1841/2026]

Civil Writ Petition No. 11737/2024 (Rodu Lal & Ors. Vs. State of

Rajasthan & Ors.), decided on 26.08.2025.

3. The relevant paragraphs of the order dated 26.08.2025

passed in the case of Rodu Lal (Supra) reads as follows:-

operative portion of the order dated 26.08.2025 reads as follows:-

"41. In light of the aforesaid facts & findings and the judgments, this Court is of the opinion that Rule 3 of the Rules of 2022 has to be read harmoniously, whereby, the petitioners and similarly situated persons, who have been appointed through placement agency after issuance of public advertisement are to be covered under the ambit of Rule 3 of the Rules of 2022. Since, the above rule has been read harmoniously in favour of the petitioners, therefore, there is no requirement to decide question No. (b), which was framed under para 13. The harmonious reading of the Rule itself clarifies that, there ought to be no discrimination between the contractual employees appointed through placement agency as well as the contractual employees appointed directly.

42. For the aforesaid reasons, the writ petitions are allowed in the following terms: (i) The respondents shall consider the individual case of each contractual employee, appointed prior to enforcement of the Rules of 2022 strictly in accordance with Rule 3 of the Rules of 2022, meaning thereby, that if an employee has been appointed on a post created by the Administrative Department with the concurrence of the Finance Department and the appointment has been through issuance of a public advertisement further without there being any differentiation whether the public advertisement has been issued by the State Government or by the placement agency.

(ii) If the case of the individual is in conformation with the Rule 3 of the Rules of 2022, as interpreted above, then the benefit of the Rules of 2022 shall be extended to such petitioners.