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Rajasthan High Court - Jodhpur
Deepak Kumar Vyas vs State Of Rajasthan (2026:Rj-Jd:4622) on 27 January, 2026
Author: Nupur Bhati
Bench: Nupur Bhati
[2026:RJ-JD:4622]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 23770/2025
1. Deepak Kumar Vyas S/o Shri Mukut Bihari Vyas, Aged
About 41 Years, R/o Mukharji Nagar, 14 Shukla Sadan,
Bhawanimandi, District Jhalawar.
2. Hanuman Ram S/o Ummeda Ram, Aged About 40 Years,
R/o Shivnathpura, Sanchore, (Jalore).
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Of Secretary,
Medical And Health Services, Govt. Of Rajasthan
Secretariat, Jaipur.
2. State Of Rajasthan, Through Principal Of Secretary,
Medical Education, Govt. Of Rajasthan Secretariat, Jaipur.
3. Principal Secretary, Department Of Personnel,
Government Of Rajasthan, Secretariat Jaipur.
4. Principal Secretary, Department Of Finance, Government
Of Rajasthan, Secretariat Jaipur.
5. Managing Director, N.h.m. Swasthya Bhawan, Jaipur.
6. Mission Director, National Health Commission, Jaipur.
7. Director, Directorate Of Medical And Heath Services,
Government Of Rajasthan, Jaipur.
8. Director (Non- Gazetted), Medical And Health Services,
Government Of Rajasthan, Jaipur.
9. Director, Rajasthan Medical Education Society, Rajasthan,
Jaipur.
10. Nodal Officer (Mndy), Medical And Health Services, Jaipur.
11. Nodal Officer (Mnjy), Medical And Health Services, Jaipur.
12. Rajasthan Medical Services Corporation Ltd. (Rmsc),
Through Its Managing Director, Department Of Medical
And Health, Swasthya Bhawan, Jaipur.
13. Chief Executive Officer, State Health Assurance Agency,
Rajasthan, Jaipur.
14. Project Director, National Health Mission (Mtc), Swasthya
Bhawan, Secretariat, Jaipur.
15. Project Director, National Health Mission (Fbnc), Swasthya
Bhawan, Secretariat, Jaipur.
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16. Principal And Controller, Jhalawar Medical Collage,
Jhalawar.
17. Principal Medical Officer, District Jhalawar.
18. Chief Medical And Health Officer, Jhalawar.
19. Rajasthan Medical Relief Society, Jhalwar, Through
Secretary, District Jhalwar.
20. Principal Medical Officer, Jalore.
21. Chief Medical And Health Officer, Jalore.
22. Rajasthan Medical Relief Society, Jalore, Through
Secretary, District Jalore.
----Respondents
For Petitioner(s) : Mr. S.K. Verma with
Mr. Vishwajeet Ranawat
HON'BLE DR. JUSTICE NUPUR BHATI
Order
27/01/2026
1. The present writ petition has been filed challenging the
action of the respondent authorities for not passing any order on
the representation filed by the petitioners whereunder they have
requested to consider their case for covering the Contractual
Hiring To Civil Posts Rules, 2022 (hereinafter referred to as 'the
Rules of 2022').
2. The case of the petitioners is that the petitioners were
recruited by direct contract through the outsourcing agency and
their case is also covered by the order dated 26.08.2025 passed
by Division Bench of this Court in D.B. Civil Writ Petition
No.11737/2024 titled as Rodu Lal & Ors. Vs. The State of
Rajasthan & Ors. and connected batch of petitions.
3. The operative portion of the order dated 26.08.2025 reads as
follows:
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"40. This Court is further of the firm opinion that if the
respondents continue with the services of the
petitioners, without covering them under the Rules of
2022 would be against the principles as enumerated by
the Hon'ble Apex Court in a catena of judgments
wherein the Court has opined that the practice of
appointment of contractual employees without any rules
would lead to a situation of exploitation by the
employer. With this intent only, the Rules of 2022 have
been framed and therefore, the benefit of the said rules
cannot be denied to the petitioners and similarly
situated persons merely on the count of having been
appointed through placement agency.
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 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."
4. In view of the aforesaid, the present writ petition is disposed
of in the same terms as in the case of Rodu Lal & Ors. (supra) and
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[2026:RJ-JD:4622] (4 of 4) [CW-23770/2025]
the petitioners are at liberty to file a representation, if any such
representation is filed, the same shall be considered in light of the
order passed in the case of Rodu Lal & Ors. (supra).
5. The said exercise shall be done within a period of three
months from the date of representation filed by the petitioners.
6. All pending applications, if any, stand disposed of.
(DR. NUPUR BHATI),J
293-/Devesh/-
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