[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Rekha Shukla vs The Principal Secretary To Government ... on 13 February, 2026
Author: Nupur Bhati
Bench: Nupur Bhati
[2026:RJ-JD:8214]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 23522/2025
1. Rekha Shukla W/o Manojtiwari, Aged About 37 Years, R/o
272/29, Jamidar Bhawan, Hanuman Gali, Bhamtipura,
Dholpur, Rajasthan, At Present Posting Rmncha Family
Planning Counselor Government Hospital, Dholpur.
2. Arti Mishra W/o Shyam Hari Dixit, Aged About 31 Years,
R/o E-51, Javaharnagar, Bharatpur, Rajasthan, At Present
Posting Rmnch A Family Planning Counselor Rbm Janana
Hospital, Bharatpur.
3. Surendra Sharma S/o Late Jagdish Prasad Sharma, Aged
About 43 Years, R/o Madrasibagichi, Brahmpuri, Jaipur, At
Present Posting Rmnch A Family Planning Counselor
Gangori Hospital, Jaipur.
4. Naresh Kumar Joshi S/o Late Satya Narayan Joshi, Aged
About 40 Years, R/o 399, Joshiyon Ka Bas Chandawato Ka
Bas Gali Ke Ander Novchotiya Sojat City, 306104 District
Pali, At Present Posting Rmnch A Family Planning
Counselor Government District Hospital, Sojatcity.
5. Kushal Katara S/o Late Shri Hari Kishan Katara, Aged
About 37 Years, R/o Plot No. 361, Gautumpatra, Ram
Nagar, Sodala, Jaipur, At Present Posting Rmnch A Family
Planning Counselor Janana Hospital, Jaipur.
6. Laxmi Kant Sain D/o Jairam Sain, Aged About 43 Years,
R/o Parawala Colony, Ward 27, Iti Road, Badabass,
Kotputli, Rajasthan Rmnch A Family Planning Counselor
Government Bdm Hospital, Kotputli Jaipur.
----Petitioners
Versus
1. The Principal Secretary To Government, Medical And
Health And Family Welfare And Panchayati Raj (Medical
And Health) Department, Rajasthan, Jaipur.
2. The Mission Director, Medical And Health Department
Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.
3. The Project Director, Family Welfare Medical And Health
Department Rajasthan, Swasthya Bhawan, Tilak Marg,
Jaipur.
4. The Director, Finance Medical And Health Family Welfare
Department Rajasthan, Swasthya Bhawan, Tilak Marg,
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[2026:RJ-JD:8214] (2 of 3) [CW-23522/2025]
Jaipur.
5. Chief Medical And Health Officer, Swasthya Bhawan Rto
Officer Ke Pass Jodhpur Road Pali 306401.
6. Chief Medical And Health Officer, Jaipur First Mini
Swasthya Bhawan City Colony, Jaipur.
7. Chief Medical And Health Officer, Swasthya Bhawan Zila
Parisadke Pass Badi Road Dholpur.
8. Chief Medical And Health Officer, 6 Gc5 P4H, Unnamed
Road, Vikas Nagar, Bharatpur, Rajasthan 321001.
----Respondents
For Petitioner(s) : Mr. SK Verma
HON'BLE DR. JUSTICE NUPUR BHATI
Order
13/02/2026
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:-
"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
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[2026:RJ-JD:8214] (3 of 3) [CW-23522/2025]
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/101-
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