Citation : 2026 Latest Caselaw 2240 Raj
Judgement Date : 12 February, 2026
[2026:RJ-JD:8019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1840/2026
1. Surendra Singh Deora S/o Shri Ummed Singh, Aged
About 41 Years, R/o Viroli, Post Naya Sanwara, Pindwara,
Sirohi.
2. Bharat Singh S/o Shri Pratap Singh, Aged About 28 Years,
R/o Mansagar Danwara, Baori, Bhopalgarh, Jodhpur.
3. Nazim Ali S/o Shri Ahmad Ali, Aged About 50 Years, R/o
Near Zila Udhyog Kendra, Daba Bhilwara, Sirohi.
4. Nilesh Kumar Katija S/o Shri Vijaypal Katija, Aged About
26 Years, R/o Village Pateliya, Post Pindarma, Tehsil
Bagidora, Banswara.
5. Dinesh Kumar Meena S/o Shri Mava Meena, Aged About
29 Years, R/o Suor Ka Kua, Salumbar, Udaipur.
6. Pappu Ram Gameti S/o Shri Deva Ram Gameti, Aged
About 34 Years, R/o Dang Ka Vas, Sameecha, Rajsamand.
7. Laxman Singh Meena S/o Shri Kesa Ram Meena, Aged
About 35 Years, R/o 797, Meeno Ka Bass, Rela (Bhatund),
Pali.
8. Rabari Fatubhai Keshabhai S/o Shri Kaisa Ram, Aged
About 39 Years, R/o Amthala, Sirohi.
9. Pawan Kumar S/o Shri Ram Singh Yadav, Aged About 43
Years, R/o Lotiya, Jhunjhunu.
10. Devi Lal S/o Shri Daya Ram, Aged About 37 Years, R/o
Ward No. 18, Prajapat Ka Was, Jasol, Barmer.
11. Ashish Kumar S/o Shri Subhash Chandra, Aged About 30
Years, R/o Godaron Ka Bass, Ward No. 15, Bhorki,
Jhunjhunu.
12. Kanwar Singh S/o Shri Swai Singh, Aged About 31 Years,
R/o Sanwata, Rasla, Jaisalmer.
13. Jagdish S/o Shri Shembhu Ram, Aged About 44 Years, R/
o Village-Post Badnawa Jagir, Tehsil Pachpadra, District
Barmer.
14. Hitendra Singh S/o Shri Manohar Singh, Aged About 36
Years, R/o Ward No. 10, Noliya Wara, Post Dhangaon,
District Dungarpur.
15. Rohit S/o Shri Laxmi Lal Patidar, Aged About 30 Years, R/
o Vpo Thana, District Dungarpur.
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16. Abhishek Patidar S/o Shri Dhaneshwer Patidar, Aged
About 29 Years, R/o Village-Post Ambada, Dungarpur.
17. Jay Singh S/o Shri Madan Singh, Aged About 27 Years, R/
o Naloi Lalpura, Ajitgarh, Rajsamand.
18. Jagdish Kumar Garasiya S/o Shri Rupa Ram Garasiya,
Aged About 33 Years, R/o Malwa Ka Chora, District
Udaipur.
19. Harchand Ram S/o Shri Shankar Ram, Aged About 32
Years, R/o Kasuram Nagar, Shergarh, Jodhpur.
20. Bhagwana Ram Balai S/o Shri Shyam Lal, Aged About 30
Years, R/o Bhagatpura, Dantaramgarh, Sikar.
21. Sandeep Kumar Sonkaria S/o Shri Brij Mohan, Aged
About 38 Years, R/o 35, Raigar Basti, Ward No. 9,
Surajgarh, District Jhunjhunu.
22. Brajesh Kumar Kahar S/o Shri Shyam Lal Kahar, Aged
About 42 Years, R/o Shahabad, Baran.
23. Shailendra Soni S/o Shri Satyanarayan Soni, Aged About
40 Years, R/o Kesar Colony, Aklera, Distric Jhalawar.
24. Brij Raj Singh Kushwaha S/o Shri Kedar Singh Kushwaha,
Aged About 44 Years, R/o Ratan Pura Rasta Bag Wali
Badi, Ward No. 23, Chhipabarod, Baran.
25. Mahaveer Prashad Mehta S/o Shri Laxmi Chand Mehta,
Aged About 34 Years, R/o Kirad Basti, District Baran.
26. Radheshyam Mehta S/o Shri Ram Dayal Mehta, Aged
About 32 Years, R/o Faredua Upreti, Baran.
27. Vikash Bhargava S/o Shri Keshav Kumar Bhargava, Aged
About 36 Years, R/o State Bank Ki Gali, Kelwara, Baran.
28. Jayesh Prajapati S/o Shri Bajrang Lal Prajapati, Aged
About 40 Years, R/o Baran, District Baran.
29. Mukesh Kumar Gautam S/o Shri Suresh Chandra, Aged
About 41 Years, R/o Fatehpur, District Baran.
30. Amit Meena S/o Shri Rajaram Meena, Aged About 31
Years, R/o Koloo Kheri, Bhagwanpura, Jhalawar.
31. Shyam Lal Meena S/o Shri Babu Lal Meena, Aged About
35 Years, R/o Binda, Tehsil Aklera, District Jhalawar.
32. Mohammed Shafiq S/o Shri Mohammed Saeed, Aged
About 44 Years, R/o Behind Of S.p. Office, Chhabra,
District Baran.
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33. Hansraj Nagar S/o Shri Govind Lal, Aged About 43 Years,
R/o Kerwaliya, Mothpur, Baran.
34. Banwari Lal S/o Shri Banshi Lal, Aged About 40 Years, R/
o Rampuriya, Tehsil Atru, District Baran.
35. Hamendra Kumar Malav S/o Shri Bhanwar Lal Malav,
Aged About 38 Years, R/o Baba Transport Ke Pass Wali
Gali, Chhipabarod, Baran.
36. Arshad Mohammad S/o Shri Arif Mohammad, Aged About
31 Years, R/o Gayatri Nagar, Atru, Baran.
37. Mukesh Kumar Malav S/o Shri Ramlal, Aged About 42
Years, R/o Nagar Mohalla, Gordhanpura Jagir, Baran.
38. Mahaveer Sharma S/o Shri Ashok Kumar Sharma, Aged
About 37 Years, R/o 64, Khatavad Pada, Baran.
39. Bhanwar Singh S/o Shri Kailash Chandra, Aged About 43
Years, R/o Mata Choki, Mandi Mohalla, Pirawa, District
Jhalawar.
40. Sandeep Kumar S/o Shri Dilip, Aged About 39 Years, R/o
Ganesh Mandir Ke Pass, Shahabad, District Baran.
41. Dharmendra Kumar Malav S/o Shri Jay Lal, Aged About
37 Years, R/o Jaylal, Gordhanpura, Dhoti, Baran.
42. Sujan Singh Lodha S/o Shri Kishan Lal Lodha, Aged About
32 Years, R/o Patel Mohalla, Moti Pura, Rijhone,
Jhalrapatan, Jhalawar.
43. Hemraj S/o Shrilal, Aged About 40 Years, R/o Garboliya,
District Jhalawar.
44. Narender Kumar Gujer S/o Shri Jagannath, Aged About
47 Years, R/o Dahi Khada, Khanpur, Jhalawar.
45. Jitendra Kumar Meena S/o Shri Badrilal, Aged About 45
Years, R/o Ramniwas, Moondla Bisoti, Baran.
46. Sajid Khan S/o Shri Munir Khan, Aged About 43 Years, R/
o Chhabra Ward No. 3, Baran.
47. Ramswaroop Kushwaha S/o Shri Dablu Ram Kushwaha,
Aged About 39 Years, Jagdeesh Pura Road, Master Colony,
Danta, Shahbad, Baran.
48. Govind Kumar Gadri S/o Shri Jagannath Gadri, Aged
About 38 Years, R/o Deegod Jageer, Tehsil Chhipabarod,
District Baran.
49. Birdhi Lal Suman S/o Shri Gordhan Lal Suman, Aged
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About 39 Years, R/o Palaytha, Anta, Baran.
50. Banwari Lal Lodha S/o Shri Jagannath Lodha, Aged About
31 Years, R/o Digod Khalsa, Digod Kalan, District Baran.
51. Suraj Mal Dangi S/o Shri Birdhi Lal Dangi, Aged About 46
Years, R/o 197, Khati Mohalla, Village Sorsan, Tehsil Anta,
District Baran.
52. Vinod Kumar S/o Shri Radhe Shyam Malav, Aged About
39 Years, R/o Sarola Kalan, District Jhalawar.
53. Jagdish Prasad S/o Shri Laxmi Narayan Gurjar, Aged
About 42 Years, R/o Natho Ka Mohalla, Sarola Kalan,
Jhalawar.
54. Ram Raj Nagar S/o Shri Nand Kisho Nagar, Aged About
31 Years, R/o Mandir Ke Pass, Bagod Layphal, Jhalawar.
55. Mohammed Salam S/o Shri Sardar Mohammed, Aged
About 33 Years, R/o Imam Chowk Alod, Bundi.
56. Panachand Meena S/o Shri Kanwar Lal Meena, Aged
About 37 Years, R/o 66 Talab Ke Pass, Saikud Majara
Jhamriya, Kalmodiya, Baran.
57. Shailendra Kumar Gour S/o Shri Prabhu Dayal Gour, Aged
About 41 Years, R/o Bagher, Tehsil Khanpur, District
Jhalawar.
58. Har Chand Ram S/o Mangna Ram, Aged About 47 Years,
R/o Ajaniyo And Khileriyon Ki Dhani, Chandra Nagar, Shri
Jameshwar Nagar, Lohawat, Phalodi, Jodhpur.
59. Vasim Akram Sheikh S/o Shri Abdul Rashid Sheikh, Aged
About 37 Years, R/o Behind Masjid, Ghosi Mohalla,
Jawahar Nagar, Bhilwara.
----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.
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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.
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
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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.
43. All pending applications, if any, also stand disposed of."
4. In light of the order cited above, the present writ petition is
disposed of in the same terms as in the case of Rodu Lal & Ors.
(supra). The petitioners shall be at liberty to make a
representation before the concerned authorities within a period of
15 days. On such representation, the concerned authorities are
directed to dispose of the same in light of the decision passed in
case of Rodu Lal within a period of two months from the date of
receipt of this order.
5. All the pending applications, if any, shall stand disposed of.
(DR.NUPUR BHATI),J surabhii/128-
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