State Of Rajasthan vs Samita (2026:Rj-Jd:9469-Db) on 19 February, 2026

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2026:RJ-JD:9469-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
              D.B. Spl. Appl. Writ No. 728/2024

1.       State Of Rajasthan, Through The Principal Secretary,
         Medical And Health Services (Group-Iii), Govt. Of
         Rajasthan, Secretariat, Jaipur.
2.       The Director (Public Health), Medical And Health Services,
         Rajasthan, Swasthya Bhawan, C-Scheme, Tilak Marg,
         Jaipur.
3.       The Additional Director (Administration), Medical And
         Health Services, Rajasthan, Tilak Marg, Swasthya
         Bhawan, Jaipur.
                                                                   ----Appellants
                                      Versus
1.       Samita D/o Shri Nand Ram, Aged About 35 Years, R/o
         Vpo Bardasdas, Post Bhamasi, Tehsil And District Churu.
2.       Pramila D/o Shri Dhan Singh, Aged About 30 Years, R/o
         Village - Post Neshal, Rajgarh, District Churu.
3.       Manju Kumari D/o Shri Goga Ram, Aged About 29 Years,
         R/o Ward No. 18, Tal Chhapar, Tehsil Sujangarh, District
         Churu.
4.       Santosh Kumari D/o Shri Ishwar Singh, Aged About 36
         Years, R/o Vpo Neshal, Tehsil Rajgarh, District Churu.
5.       Sarita D/o Shri Sitaram Sharma, Aged About 36 Years, R/
         O Shitla Chowk, Ward No. 3, Taranagar, District Churu.
6.       Shashi Wala D/o Shri Pratap Sngh, Aged About 29 Years,
         R/o Village Paraswara, Nabadi, District Bharatpur.
7.       Ujjala D/o Shri Rajbir, Aged About 27 Years, R/o Vpo
         Mainana, Tehsil Buhana, District Jhunjhunu.
8.       Indu Devi D/o Shri Ganesh Ram, Aged About 32 Years, R/
         O Loyalka School Ke Pass, Ward No. 23, Pilani, Rajpura,
         Tehsil Surajgarh, District Jhunjhunu.
9.       Sangeeta D/o Shri Sube Singh, Aged About 26 Years, R/o
         Village Gothari, Post Lamba Gothara, Chirawa, District
         Jhunjhunu.
10.      Pinki Kumari D/o Shri Avtar Singh, Aged About 28 Years,
         R/o Village Penghore Nagla, Hewat Post Khan Penghore,
         Tehsil Kumher, District Bharatpur.
11.      Lalita D/o Shri Ram Swaroop, Aged About 31 Years, R/o
         Village Hulyana, Post Tikari, Tehsil Kathumar, District
         Alwar.
12.      Meba Devi D/o Shri Goverdhan Singh, Aged About 27
         Years, R/o Village Suhans, Tehsil Wair, District Bharatpur.
13.      Anita D/o Shri Jawla Ram, Aged About 32 Years, R/o
         Ward No. 2Dundlod, Tehsil Nawalgarh, District Jhunjhunu.
14.      Devilakumari Parmar D/o Shri Harish Chandra Parmar,
         Aged About 41 Years, R/o Mithimahudi, Tehsil Kherwara,
         District Udaipur.

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15.      Sangeeta Kumari Koted D/o Shri Ramesh Koted, Aged
         About 27 Years, R/o Bataka Fala, Paldewal, Tehsil And
         District Dungarpur.
16.      Suman D/o Shri Sankar Lal, Aged About 30 Years, R/o
         Ward No. 8, Vpo Kalipahari, Tehsil And District Jhunjhunu.
17.      Babita Chaudhary D/o Shri Ram Dev Singh Choudhary,
         Aged About 29 Years, R/o Indrapura, Tehsil Udaipurawati,
         District Jhunjhunu.
18.      Gudiya D/o Shri Karna Ram, Aged About 29 Years, R/o
         Ambedkar Colony, Tehsil And District Barmer.
19.      Seema Manat D/o Shri Halka, Aged About 29 Years, R/o
         Patiya, Retada, Tehsil Kherwara, District Udaipur.
20.      Sunita D/o Shri Moti Lal, Aged About 34 Years, R/o
         Kishorpura, District Jhunjhunu.
21.      Saroj Kumari D/o Shri Girdhari Lal, Aged About 32 Years,
         R/o Ward No. 12, Nolya Ki Dhani, Khojas, Tehsil
         Nawalgarh, District Jhunjhunu.
22.      Tara Prajapat D/o Shri Panna Lal Prajapat, Aged About 29
         Years, R/o Kamalnath Road, Magwas, Jhadol, District
         Udaipur.
23.      Manju Kumari D/o Shri Mali Ram, Aged About 26 Years,
         R/o Village Madansar, Post Bhimsar, District Jhunjhunu.
24.      Suman D/o Shri Jagdish Singh, Aged About 27 Years, R/o
         Godiya Bara, Tehsil Ramgarh Shekhawati, District Sikar.
25.      Krishana Kumari D/o Shri Rameshwar Lal, Aged About 27
         Years, R/o Village Harpalu Kushala, Rajgarh, District
         Churu.
26.      Sanju Kumari D/o Shri Ram Singh, Aged About 27 Years,
         R/o Village Harpalu Patram, Tehsil Rajgarh, District Churu.
27.      Sanju Budania D/o Shri Ram Chandra, Aged About 24
         Years, R/o Village Gangyasar, Tehsil Fatehpur, District
         Sikar.
28.      Anita Budania D/o Shri Ram Chandra, Aged About 27
         Years, R/o Ramdev Ji Mandir Ke Pass, Ward No. 25, Tehsil
         Ramgarh Shekhawati, District Sikar.
29.      Kiran D/o Shri Bakhtawar Singh, Aged About 41 Years, R/
         O Village Sardarpura, Tehsil Rajgarh, District Churu.
30.      Suman Lata Sunda D/o Shri Sohan Lal Snda, Aged About
         29 Years, R/o Ward No. 15, Sadinsar, Tehsil Ramgarh
         Shekhawati, District Sikar.
31.      Kumari Bhateri D/o Shri Suraj Bhan Poonia, Aged About
         36 Years, R/o Village Sardarpura, Tehsil Rajgarh, District
         Churu.
32.      Sumitra Singh D/o Shri Vishna Ram, Aged About 27
         Years, R/o Siyagon Ki Dhani, Madpura Barwala, Tehsil
         Baytu, District Barmer.
                                                                   ----Respondents

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For Appellant(s)            :     Mr. N.S. Rajpurohit, AAG
For Respondent(s)           :     Mr. Kunal Upadhyay



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE SANDEEP SHAH

Order

19/02/2026

1. Learned counsel for both parties candidly submit that the

controversy involved in the present case stands covered by the

judgment dated 13.01.2026 passed by a Division Bench of this

Court at Jaipur Bench in D.B. Special Appeal Writ

No.278/2023 (The State of Rajasthan & Anr. Vs. Chandra

Kalla) along with other connected matters. The operative portion

of the order dated 13.01.2026 reads as under :-

"16.Heard learned counsel for the parties and perused the material available on record.

17.These appeals filed on behalf of the appellants-State deserve to be allowed for the reasons:- firstly, the learned Single Judge decided all the writ petitions by relying upon the judgments passed by the Division Bench of this Court in the case of Ms. Firdos Tarannum (supra). The said matter was challenged by the appellants-State of Rajasthan before the Hon'ble Supreme Court, however, the appeal was dismissed, as the matter relates to appointment on the post of Teacher Grade-III (Urdu);secondly the Hon'ble Supreme Court while remanding the matter of Gomi(supra) to the learned Single Judge, where the post in question i.e. Health Worker (Female) was same as involved herein, directed to reconsider the matter on merits specifically on the issue as to whether the Adeeb qualification is a proper qualification for appointment to the post of Health Worker (Female); thirdly in the facts and circumstances of the present case, we are of the considered view that the learned Single Judge has not considered the provisions of the Rules of 1965, as there is no clause providing for equivalence between the Adeeb qualification

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and the 10th Standard under the said Rules.18.In view of the above discussion, the appeals are allowed. The order dated 10.02.2022 is set aside. The matters are remanded back to the learned Single Judge for deciding afresh in the light of the judgment passed by the Hon'ble Supreme Court in the case of The State of Rajsthan & Ors. Vs. Gomi (Civil Appeal No.6559/2023).

19. All the pending applications also stand disposed of.

20. A copy of this order be separately placed in each connected file."

2. Considering the submissions made, the instant appeal is also

allowed in the same terms of Chandra Kalla (supra). Accordingly,

the order dated 08.03.2022 is set aside. The matter is remanded

back to the learned Single Judge for deciding afresh in light of the

judgment passed by the Hon'ble Supreme Court in the case of

The State of Rajsthan & Ors. Vs. Gomi (Civil Appeal

No.6559/2023).

3. All pending applications stand disposed of.

(SANDEEP SHAH),J (DR.PUSHPENDRA SINGH BHATI),J

c-1--Sudheer/-