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Rajasthan High Court - Jodhpur
Dr. Naveen Kumar Bheel vs The State Of Rajasthan ... on 29 January, 2026
[2026:RJ-JD:5177]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2114/2026
1. Dr. Naveen Kumar Bheel S/o Shri Khem Ji Bheel, Aged
About 36 Years, Posted Was Medical Officer At Community
Health Centre (CHC) Bekariya (Kotara), District Udaipur.
2. Dr. Aryan Paliwal S/o Shri Mahesh Chandra Paliwal, Aged
About 27 Years, Posted Was Medical Officer At Primary
Health Centre (PHC) Navaniya, (Vallabhnagar), District
Udaipur.
3. Dr. Rohan Pandya S/o Shri Kamlesh Pandya, Aged About
31 Years, Posted Was Medical Officer At Primary Health
Centre (PHC) Adinda (Bheendar), District Udaipur.
4. Dr. Diksha Rathore D/o Shri Sukhdev Singh Rathore, Aged
About 31 Years, Posted Was Medical Officer At Setelite
Hospital, Vallabhnagar, District Udaipur.
----Petitioners
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Medical & Health Department, Government Of Rajasthan,
Secretariat, Jaipur.
2. Joint Secretary, Medical & Health (Group-2) Department,
Secretariat, Jaipur.
3. The Director Medical & Health Services, Rajasthan
Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
4. The District Collector Cum Chairman, Rajasthan Medicare
Relief Society, Udaipur.
5. The Chief Medical & Health Officer, Udaipur.
6. The Block Chief Medical & Health Officer, Vallabhnagar,
District Udaipur.
----Respondents
For Petitioner(s) : Mr. Mahesh Chand Gupta
For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave, AGC
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
29/01/2026
1. With the consent of both the parties, the matter is heard on
final disposal.
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2. 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.
3. The petitioners were 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
petitioners was extended till 30.09.2025, and thereafter,
there was no extension order, therefore, they have filed the
present writ petition.
4. 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 petitioners have no vested right to
continue after the regular appointments are made to the
post of Medical Officer.
5. Learned counsel appearing for the petitioners fairly
submitted that the engagement of Medical Officer through
regular recruitment is already done and they have 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
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the merit as well as period of experience of the candidates,
who were being disengaged by virtue of regular
appointments.
6. 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
petitioners for re-engagement on the vacant/unfilled post
subject to merit and period of experience among the
candidates.
7. 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 petitioners have no vested right to
continue work on the post of Medical Officer for the reason
that they have appointed on Temporary Urgent Basis,
however, when the respondents seek to re-employ in the
vacant post of Medical Officer after regular recruitment, the
case of the petitioners or others are required to be
considered sympathetically.
8. 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 petitioners 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
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conditions and the said consideration shall be based on
period of experience and merit.
9. Pending application(s), if any, also stands disposed of.
(MUNNURI LAXMAN),J
154s-PoonamS/-
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