Citation : 2026 Latest Caselaw 3185 Raj
Judgement Date : 25 February, 2026
[2026:RJ-JD:10111]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4832/2026
1. Niranjan Kumar Regar S/o Shri Laxman Lal Regar, Aged
About 28 Years, R/o Solanki Darwaja Ke Bahar, Deogarh,
Rajsamand.
2. Tejpal Kumawat S/o Shri Mool Chand Kumawat, Aged
About 36 Years, R/o Near Bade Talab, Ward No. 20,
Kapasan, Chittorgarh.
3. Lalchand Gadri S/o Shri Bhanwar Lal Gadri, Aged About
41 Years, R/o Ward No. 10, Bhimkand, Po Umand, District
Chittorgarh.
4. Mahendra Chandel S/o Shri Babu Lal Chandel, Aged
About 34 Years, R/o Lakha Guda, Rajsamand.
5. Radheshyam Dholi S/o Shri Devi Lal Dholi, Aged About 46
Years, R/o Po Adana, Turkiya Khurd, Langach,
Chittorgarh.
6. Kamal Kishore Charpota S/o Shri Kalji Charpota, Aged
About 34 Years, R/o Ward No. 10, Pateliya Aror,
Banswara.
7. Ratan Lal Dhaker S/o Shri Kalu Lal Dhaker, Aged About 35
Years, R/o 11, Dhakaro Ka Mohalla, Makhanpura, Dugar,
Chittorgarh.
8. Sandeep Khatik S/o Shri Shyam Lal Khatik, Aged About
26 Years, R/o New Abadi, Parsoli, Chittorgarh.
9. Raju Tarsing S/o Shri Shambhu Lal Dholi, Aged About 26
Years, R/o Rawla Chowk, Senthi, Chittorgarh.
10. Pushkar Ganchha S/o Shri Vani Ram Ganchha, Aged
About 46 Years, R/o 710, Sichai Vibhag Colony, Doongla,
Chittorgarh.
11. Pappu Lal Pareek S/o Shri Chagan Lal Pareek, Aged About
45 Years, R/o Muroli, District Chittorgarh.
12. Kishan Lal Nayak S/o Shri Mangi Lal Nayak, Aged About
42 Years, R/o Osawalo Ka Mohalla, Pahoona, Chittorgarh.
13. Madhav Lal Chamar S/o Shri Prithviraj Chamar, Aged
About 40 Years, R/o 520, Lasadiya Kalan, Chittorgarh.
14. Bhagwat Singh Panwar S/o Shri Bheem Singh, Aged
About 35 Years, R/o Rajput Mohalla, Raypuriya Khurd,
Usrol, Chittorgarh.
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15. Sonu Kumar Dhaker S/o Shri Kailash Chandra Dhaker,
Aged About 35 Years, R/o Bijaipur, Chittorgarh.
16. Chhotu Lal Bairwa S/o Shri Udai Ram Bairwa, Aged About
45 Years, R/o Sihana, Chittorgarh.
17. Jagdish S/o Shri Durga Lal, Aged About 37 Years, R/o
Kothari Kowa, Borao, Chittorgarh.
18. Kishan Lal Gurjar S/o Shri Devi Lal Gurjar, Aged About 37
Years, R/o Shada, Chittorgarh.
19. Prakash Rathore S/o Shri Rameshwar Rathore, Aged
About 31 Years, R/o Bassi, Sutharon Ka Mohalla, Bassi,
Chittorgarh.
20. Ramesh Prasad Regar S/o Shri Bhagwan Lal, Aged About
42 Years, R/o Sadas, District Chittorgarh.
21. Govind Jatiya S/o Shri Ramlal Jatiya, Aged About 29
Years, R/o Kalyanpura, Chechi, Chittorgarh.
22. Shyam Lal Jatiya S/o Shri Madan Lal Jatiya, Aged About
37 Years, R/o Kalyanpura, Tehsil Begun, District
Chittorgarh.
23. Durga Shanker Laxkar S/o Shri Govardhan Lal Laxkar,
Aged About 53 Years, R/o Rashmi, Chittorgarh.
----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.
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7. The Secretary, General Administration Department,
Government Of Rajasthan, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Bharat Singh Rathore
Mr. Jayram Saran
HON'BLE DR. JUSTICE NUPUR BHATI
Order
25/02/2026
1. The learned counsel appearing for the petitioners submits
that the facts in the present case are 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.
2. 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 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
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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."
3. 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.
4. All the pending applications, if any, shall stand disposed of.
(DR.NUPUR BHATI),J
295-/Devesh/-
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