Kiran Kamad vs The State Of Rajasthan ... on 13 February, 2026

Author: Nupur Bhati

Bench: Nupur Bhati

[2026:RJ-JD:8322]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            S.B. Civil Writ Petition No. 24509/2025
1.       Kiran Kamad D/o Shri Madan Lal Kamad, Aged About 28
         Years, Resident Of Nai Colony, Borunda District Jodhpur.
2.       Pooja Samaria D/o Shri Manohar Lal Samaria, Aged About
         28 Years, Resident Of Kalal Colony, Nagauri Gate,
         Jodhpur.
3.       Oma Ram S/o Shri Bhakar Ram, Aged About 37 Years,
         Resident Of Raika Ka Bas, Bhopalgarh District Jodhpur
4.       Shiwani D/o Shri Ramesh Kumar, Aged About 25 Years,
         Resident Of House No. 2/1542 Kuri Bhagtasani, Jodhpur.
5.       Archana W/o Shri Prashant Prajapat, Aged About 34
         Years, Resident Of House No. 17/159, Chopasani Housing
         Board, Jodhpur.
6.       Deepika Prajapat D/o Shri Khem Chand, Aged About 29
         Years, Resident Of Ramsagar, Rajeev Colony, Jodhpur.
7.       Neeru Rana D/o Shri Nathu Ram Bheel, Aged About 27
         Years, Resident Of Defence Colony, Nandri, Banar,
         Jodhpur.
8.       Kirti D/o Shri Pukhraj Singh Jhala, Aged About 30 Years,
         Resident Of 101, Jamalpura, Beawar District Ajmer.
9.       Anjali Pareek D/o Shri Bhanwar Lal Pareek, Aged About
         29 Years, Resident Of House No. 9/834, Kuri Bhagtasani
         Housing Board, Jodhpur.
10.      Suman Rathore D/o Shri Inder Singh Rathore, Aged About
         25 Years, Resident Of 588, Defence Colony, Kamla Nehru
         Nagar, Jodhpur.
11.      Urmila W/o Shri Ramswaroop, Aged About 29 Years,
         Resident Of Laxman Nagar, Chadi, Chotina, Phalodi
         District Phalodi.
12.      Kailash Chand Saran S/o Shri Mangi Lal Saran, Aged
         About 30 Years, Resident Of Madasar, Phalodi District
         Phalodi.
13.      Gopal Singh S/o Shri Samay Singh, Aged About 32 Years,
         Resident Of Amarnagar C, Jaipur.
14.      Manisha W/o Shri Sunil, Aged About 28 Years, Resident
         Of Keriyo Ki Dhani, Ramnagar, Kaparda, District Jodhpur.
                                                                   ----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 Joint Secretary, Department Of Finance, Government
         Of Rajasthan, Secretariat, Jaipur.
4.       The Director, Finance (Budget), Medical And Health

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         Services, Government Of Rajasthan, Secretariat, Jaipur.
5.       The Director (Public Health), Medical And Health Services,
         Rajasthan, Jaipur (Raj.).
6.       The Director (Non-Gazetted), Medical, Health And Family
         Welfare Department, Swasthya Bhawan, Tilak Marg,
         Jaipur (Raj.).
7.       Rajasthan Medical Services Corporation Limited (Rmsc),
         Department Of Medical And Health Services, Swasthya
         Bhawan, Tilak Marg, C-Scheme, Jaipur Through Its
         Managing Director.
8.       The District Collector, Jodhpur.
9.       The District Collector, Phalodi.
10.      The Chief Medical And Health Officer, Jodhpur First.
11.      The Chief Medical And Health Officer, Jodhpur Second.
12.      The Chief Medical And Health Officer, Phalodi.
                                                                    ----Respondents



For Petitioner(s)           :     Mr. RS Choudhary
For Respondent(s)           :     Mr. Tanuj Jain for Mr. Mukesh Dave,
                                  AGC


               HON'BLE DR. JUSTICE NUPUR BHATI

Order

13/02/2026

1. Learned counsel for the petitioners submits that the issue

involved in the instant writ petition is squarely covered by the

judgment of Co-ordinate Bench of this Court in SBCWP

No.23788/2025 titled as Dr. Amit Chauhan Vs. State of Rajasthan

& Ors, decided on 15.12.2025.

2. Learned counsel for the respondent is not in a position to

refute that the issued involved in the present writ petition is

squarely covered by judgment in the case of Dr. Amit Chauhan

(supra).

3. For ready reference, the order dated 22.01.2026 passed in

the case of Dr. Amit Chauhan (supra) is reproduced hereunder:-

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"1. The present writ petition is filed challenging the action of the respondents in not continuing the services of the petitioners to the post of Medical Officer on Temporary Urgent Basis.

2. The petitioner was initially recruited to the post of Medical Officer on Urgent Temporary Basis by way of contract and the terms of contract clearly indicate that any such an appointments are made subject to one year or till the regular appointments are made, whichever is earlier.

Subsequently, by order dated 11.04.2025, the employment of the petitioner was extended till 30.09.2025, and thereafter, there was no extension order, therefore, he has filed the present writ petition.

3. The case of the State is that the very contract is for an engagement for one year or till the regular appointments are made, whichever is earlier and their services were not further extended for the reason that a regular recruitment to the post of Medical Officer has already been done and posted. Therefore, the petitioner has no vested right to continue after the regular appointments are made to the post of Medical Officer.

4. Learned counsel appearing for the petitioner fairly submitted that the engagement of Medical Officer through regular recruitment is already done and he has no vested right to seek continuation on such post, where the appointments are made regularly; however, the respondents may sympathetically consider their case for re-engagement on the vacant post, which are unfilled with regular recruitment and such a vacant post also be filled basing on the merit as well as period of experience of the candidates, who were being disengaged by virtue of regular appointments.

5. Learned counsel for the respondents submits that if the respondent- Authority decided to fill-up any unfilled vacancies, which are available after filling up of the regular vacancies, the case for reengaging the persons may be considered sympathetically including the case of the petitioner for re-engagement on the vacant/unfilled post subject to merit and period of experience among the candidates.

6. The terms of the contract clearly indicate that their appointment is on Temporary Basis and for a fixed period or happening of certain eventuality of regular appointments. Since the very discontinuation is based on the regular appointments, the petitioner has no vested right to continue work on the post of Medical Officer for the reason that he has appointed on Temporary Urgent Basis, however, when the respondents seek to re-employ in the vacant post of Medical Officer after regular

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[2026:RJ-JD:8322] (4 of 4) [CW-24509/2025]

recruitment, the case of the petitioner or others are required to be considered sympathetically.

7. In the above factual facts and circumstances of the case and contentions of the parties, the writ petition is disposed of with the directions to the respondents to consider the case of the petitioner and other persons if any in the vacant post of Medical Officer on Urgent Temporary Basis, their services are required to be considered subject to same terms and conditions and the said consideration shall be based on period of experience and merit.

8. Pending applications, if any stand disposed of."

4. In view of the above, the present writ petition is disposed of

in same terms and with same directions as given in the case of Dr.

Amit Chauhan (supra). The respondents are directed to consider

the case of the petitioner and other persons if any in the vacant

post of Medical Officer on Urgent Temporary Basis, their services

are required to be considered subject to same terms and

conditions and the said consideration shall be based on period of

experience and merit.

5. Pending applications, if any stand disposed of.

(DR.NUPUR BHATI),J surabhii/108-

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