Dismissed

Smt Shaweta Nehra v. State Medical and Healthors

Rajasthan HC1 Oct 2015CW/2640/2015

Case brief

AI extract

What is this about?

In a batch connected common writ petitions challenging appointment denials due to fluctuating vacancies, the High Court ordered these petitions to be governed by a prior judgment dismissing similar claims at the Principal Seat.

What did the court decide?

Petitions dismissed along with connected matters with liberty to seek revival of petitions if the controversy differs from the prior judgment.

Smt Shaweta Nehra Vs State Medical and Healthors — Service and Employment | Rajasthan HC (2015)

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S.B. Civil Writ Petition No.4467/2015 Kripa Shanker Sharma & Ors. Vs. State of Raj.(Medical & Health) & Ors.

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alongwith connected matters

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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S.B. CIVIL WRIT PETITION NO.4467/2015

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Kripa Shanker Sharma & Ors. Vs. State of Raj.(Medical & Health) & Ors.

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S.B. CIVIL WRIT PETITION NO.2640/2015

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Smt. Shweta Nera Vs. State of Raj.(Medical & Health) & Ors.

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S.B. CIVIL WRIT PETITION NO.3969/2015

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Karmpal Singh & Ors. Vs. State of Raj. & Ors.

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S.B. CIVIL WRIT PETITION NO.4023/2015

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Mithlesh Kumari & Ors. Vs. State of Raj.(Medical & Health) & Anr.

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S.B. CIVIL WRIT PETITION NO.4028/2015

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Radhey Shyam Sharma & Ors. Vs. State of Raj.(Medical & Health) & Anr.

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S.B. CIVIL WRIT PETITION NO.4374/2015

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Smt. Manju Devi & Ors. Vs. State of Raj.(Medical & Health) & Ors.

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S.B. CIVIL WRIT PETITION NO.4426/2015

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Sunil Kumar & Ors. Vs. State of Raj.(Medical & Health) & Anr.

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S.B. CIVIL WRIT PETITION NO.4461/2015

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Jitendra Kumar Bhoi & Ors. Vs. State of Raj.(Medical & Health) & Ors.

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S.B. CIVIL WRIT PETITION NO.4493/2015

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Rakesh Prakash Verma & Ors. Vs. State of Raj.(Medical & Health) & Ors.

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S.B. CIVIL WRIT PETITION NO.4496/2015

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Yogendra Gangwariya Vs. State of Raj.(Medical & Health) & Ors.

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S.B. CIVIL WRIT PETITION NO.4589/2015

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Mukesh Kumar Mangal & Ors. Vs. State of Raj.(Finance Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.4733/2015

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Mukesh Devi & Anr. Vs. State of Raj.(Medical & Health) & Ors.

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S.B. CIVIL WRIT PETITION NO.5458/2015

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Ashok Kumar Chahar & Ors. Vs. State of Raj.(Medical & Health) & Ors.

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S.B. CIVIL WRIT PETITION NO.5973/2015

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Yogesh Kumar Vs. State of Raj.(Finance Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.9087/2015

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Shyam Singh Machiwal & Ors. Vs. State of Raj.(Education Dept.) & Ors.

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DATE OF ORDER : 01.10.2015

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HON'BLE MR. JUSTICE M.N. BHANDARI

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Mr. Laxmi Kant (Malpura) ]

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S.B. Civil Writ Petition No.4467/2015 Kripa Shanker Sharma & Ors. Vs. State of Raj.(Medical & Health) & Ors. alongwith connected matters

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{2} Mr. Hanuman Choudhary ] Mr. Tanveer Ahmed ] Mr. Ram Pratap Saini ] Mr. S.S. Hasan ] Mr. Brijesh Bharadwaj ] Mr. Himmat Singh Bikarwar], for the petitioners.

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Mr. Jag Mohan Saxena, AAG] Mr. Sanjay Kumar Sharma, GC], for the respondents.

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It is submitted by the learned counsel for the non-petitioners that the controversy raised herein is a controversy which was raised before the Principal Seat at Jodhpur. The writ petitions therein have been dismissed.

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Mr. Jag Mohan Saxena, learned Addl. Advocate General has given detail of the writ petition which was decided on 29.09.2015 alongwith connected writ petitions being S.B. Civil Writ Petition No.3194/2015 (Lokendra Singh Sisodia Vs. State of Raj. & Ors.) and S.B. Civil Writ Petition No.3766/2015 (Madan Singh Vs. State of Raj. & Ors.).

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The petitioners initially contested the writ petitions on the ground that controversy before the Principal

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S.B. Civil Writ Petition No.4467/2015 Kripa Shanker Sharma & Ors. Vs. State of Raj.(Medical & Health) & Ors. alongwith connected matters

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{3}

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Seat at Jodhpur was different than raised here. It is however prayed that if the writ petitions are ordered to be governed by the judgment in the case supra then it may be with liberty to seek revival of the petitions, if the controversy in the case supra, decided by the Principal Seat, Jodhpur was different.

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I have considered the submissions made by the learned counsel for the parties and perused the record.

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As stated by Mr. Jag Mohan Saxena, learned Addl. Advocate General, the same controversy as involved herein has been decided by the Principal Seat at Jodhpur in the case supra thus, these writ petitions are ordered to be governed by the judgment supra. The petitioners would, however, be at liberty to seek revival of the petitions if they find that judgment in the said case was slightly on other issues and is not given after consideration of the grievance raised herein.

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The grievance of the petitioners is that number of vacant posts were specified in the advertisement itself. It

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S.B. Civil Writ Petition No.4467/2015 Kripa Shanker Sharma & Ors. Vs. State of Raj.(Medical & Health) & Ors. alongwith connected matters

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{4}

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was reduced on one point of time but subsequently increased also. The reduction of the posts is to accommodate contractual employees though the department should not have kept any one on contract.

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In my opinion, the reduction and increase of the vacancies always remain in the domain of the Department. The aforesaid was even clarified in the advertisement dated 26.02.2013. The relevant para is quoted herein under:

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पद� की इन म� “ उपरोक्त िरिक्तय� आरक्षण िनयमानुसार देय ह� । िवज्ञािपत पद� म� कमी अथवा वृिद्ध िकये जाने हेतु िवभाग �वतंत्र रहेगा । िजसके िलए पृथक से कोई िवज्ञि� जारी नहीं की जावेगी । आरक्षण की ि�थित व िनयुिक्त प्रिक्रया रा�य सरकार के नवीनतम िनद�शो एवं िनयम� के अ�यधीन परवतर्नीय होगी । ”

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In view of the condition referred above, the Department was within its right to increase or decrease the posts. An appointment cannot be claimed as a right merely by showing that posts are lying vacant in the Department. It is not a case where after the appointment, few candidates did not join thus, resultantly vacancies should be offered to the candidates in the wait list.

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S.B. Civil Writ Petition No.4467/2015 Kripa Shanker Sharma & Ors. Vs. State of Raj.(Medical & Health) & Ors. alongwith connected matters

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In view of the facts given above and as similar writ petitions have been dismissed at the Principal Seat at Jodhpur, these writ petitions are also dismissed but with liberty above. This also disposes the stay applications.

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[M.N. BHANDARI], J.

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Goyal ramesh/Item No.211-215, 217-226

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Ramesh Goyal, Jr.P.A.

Smt Shaweta Nehra v. State Medical and Healthors

Case brief

What is this about?

What did the court decide?

Smt Shaweta Nehra v. State Medical and Healthors

Case brief

What is this about?

What did the court decide?

What the court decided

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