Recruitment selection appeals were disposed of without entering into the merits. The court extended the State authorities' time to complete the selection process and clarified that disposal did not confirm the Single Judge's view on merits.
State authorities granted time up to 15.04.2022 to complete the selection process.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 357/2021
----Appellants
Versus
Puja Mathur Daughter Of Shri Kailash Narayan Mathur, Wife Of Shri Ashish Mathur, Aged About 30 Years, Resident Of 18-E-491, Chopasni Housing Board, Jodhpur Rajasthan.
----Respondent
Connected With
D.B. Special Appeal Writ No. 397/2021
----Appellants
Versus
Sandeep Kumar S/o Shri Khyali Ram Chahar, Aged About 24 Years, R/o Charan Ki Dhani, Parasrampura, Tehsil Nawalgarh, District Jhunjhunu, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 399/2021
(2 of 25)
[SAW-357/2021]
----Appellants
Versus
Sunil Kumar S/o Shri Motiram, Aged About 27 Years, R/o Village Keriya Makra, Padu Khurd, Tehsil Riya Khurd, District Nagaur, Rajasthan.
----Respondent D.B. Special Appeal Writ No. 402/2021
----Appellants
Versus
Piyush Sharma Son Of Shri Ramavtar Sharma, Aged About 30 Years, Resident Of Village Boreli, Basedi Via Saipau, District Dholpur (Raj.)
----Respondent
D.B. Special Appeal Writ No. 409/2021
----Appellants
Versus
Bhagwati W/o Shri Chena Ram, D/o Shri Rameshwar Lal, Aged About 32 Years, R/o Village Post Jhun Ka Bass, Tehsil Danta Ramgarh, District Sikar, Rajasthan.
----Respondent
(3 of 25) [SAW-357/2021]
----Appellants
Versus
Ram Lakhan Chandel Son Of Shri Ghasitaram, Aged About 25 Years, Resident Of Village And Post Guhana, Tehsil Deeg, District Bharatpur (Raj)
----Respondent
D.B. Special Appeal Writ No. 412/2021
----Appellants
Versus
Aamin S/o Yasin Khan, Aged About 32 Years, R/o Madrse Ki Gali, Railway Kuva No. 3, Kotwalo Ka Vas, Barmer, Barmer, Rajasthan.
----Respondent
----Appellants
Versus
(4 of 25)
[SAW-357/2021]
----Respondents
D.B. Special Appeal Writ No. 414/2021
----Appellants
Versus
Ravindra Singh S/o Shri Rod Singh, Aged About 28 Years, R/o Village Bartu, Bhim, District Rajsamand, Rajasthan
----Respondent
D.B. Special Appeal Writ No. 415/2021
----Appellants
D.B. Special Appeal Writ No. 438/2021
(5 of 25)
[SAW-357/2021]
Mission, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur - 302 005
----Appellants
Versus
Amit Bilkhiwal S/o Bhawani Shankar, Aged About 34 Years, R/o Opposite Old Power House, Devipura Road, Sikar (Rajasthan)
----Respondent
D.B. Special Appeal Writ No. 439/2021
----Appellants
Versus
Saroj Gurjar D/o Shri Jagdish Chand, Aged About 31 Years, R/o Plot No.3, Shyam Vatika-II, Niwaru Road, Jhotwara, District Jaipur, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 440/2021
Versus
Rakesh Saini S/o Shri Shambhu Dayal Saini, Aged About 24 Years, R/o 71, Mahadev Ke Pass, Golkyan Ki Dhani, Baswa District Dausa
----Respondent
D.B. Special Appeal Writ No. 441/2021
(6 of 25)
[SAW-357/2021]
Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.
----Appellants
Versus
Sulochana Kumari Gurjar D/o Shri-Debi Lal Gurjar, Aged About 25 Years, R/o-Village-Baroda, Jhajpur, District-Bhilwara, Rajasthan.
----Respondent D.B. Special Appeal Writ No. 442/2021
----Appellants
Versus
Mohammad Faisal Khan Son Of Shri Mufeed Ahmad, Aged About 29 Years, Resident Of Udaikala, Tehsil Gangapurcity, District Sawai Madhopur (Raj.)
----Respondent
D.B. Special Appeal Writ No. 443/2021
----Appellants
Versus
(7 of 25)
[SAW-357/2021]
----Respondents
D.B. Special Appeal Writ No. 444/2021
Versus
Harish Chandra Purbia Son Of Shri Uday Lal Purbia, Aged About 26 Years, Resident Of Ward No.-4, Purbia Mohalla, Peepli Acharyan, Mahalon Ki Pipli, District Rajsamand (Raj.)
----Respondent
D.B. Special Appeal Writ No. 445/2021
----Appellants
Versus
Gulam Rasool Son Of Shri Imamuddian, Aged About 40 Years, Resident Of Roteda, Bundi, District Bundi (Raj.)
----Respondent
D.B. Special Appeal Writ No. 446/2021
(8 of 25)
[SAW-357/2021]
Department And Mission Director, Nhm (National Health Mission), Directorate, Medical Health And Family Welfare Department, Nhm Head Quarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
----Appellants
Versus
Akhilesh Choudhary S/o Dinesh Choudhary, Aged About 29 Years, Resident Of Village Phalasiya, District Udaipur, Rajasthan.
----Respondent
----Appellants
Versus
Sunita W/o Shri Dinesh Kumar, Aged About 26 Years, R/o Village Doodana Ka Bass, Dumra, Tehsil Nawalgarh, Dist. Jhunjhunu, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 448/2021
----Appellants
Versus
Vikash Gurjar Son Of Shri Lakhan Singh Gurjar, Aged About 23 Years, Resident Of Dubbi, Shri Mahaveerji District Karauli(Raj.)
----Respondent
D.B. Special Appeal Writ No. 449/2021
(9 of 25)
[SAW-357/2021]
Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.)
Versus
Dr. Vivek Chand Patidar Son Of Shri Vinod Patidar, Aged About 26 Years, Resident Of Patidar Mohalla, Village And Post Joulana, Tehsil Garhi, District Banswara (Raj.)
----Respondent
D.B. Special Appeal Writ No. 450/2021
----Appellants
Versus
Durgesh Kumar Payak S/o Shri Satya Narayan Payak, Aged About 24 Years, R/o Village Daulatgarh, Tehsil Asind, District Bhilwara, Rajasthan-311303.
----Respondent D.B. Special Appeal Writ No. 451/2021
(10 of 25)
[SAW-357/2021]
Medical And Health Services, Medical Directorate, Jaipur, Rajasthan.
----Appellants
Versus
Vishvendra Singh Son Of Shri Rajesh Singh, Aged About 22 Years, Resident Of Vpo Kherli Gurjar, Tehsil Hindaun City, District Karauli (Raj.)
----Respondent
Versus
Mamta Yadav D/o Shri Ram Lal Yadav, W/o Mr. Suresh Kumar Yadav, Aged About 30 Years, Resident Of 116 Mela Ki Dhani, Asti Kalan, Jaipur.
----Respondent
----Appellants
Versus
Ravindra Kumar Gurjar S/o Shri Ram Bharosi Gurjar, Aged About 25 Years, R/o Village Gurjar Baroda, Post Baman Baroda, Tehsil Bamanwas, Distt. Sawai Madhopur
----Respondent
(11 of 25)
[SAW-357/2021]
Department Of Medical And Health Services, Government Secretariat, Jaipur, Rajasthan.
----Appellants
Versus
Poonam Devi D/o Nemi Chand Regar, Aged About 30 Years, Resident Of 292 Regaro Ka Mohalla, Bhainsawa, Tehsil Kishangarh Renwal, Jaipur, Rajasthan.
----Respondent D.B. Special Appeal Writ No. 458/2021
----Appellants
Versus
Gaurav Sharma S/o Shri Mahesh Chand Sharma, Aged About 26 Years, R/o Village Post Amargarh, District Karauli, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 459/2021
----Appellants
Versus
Ashwani Kumar S/o Shri Om Prakash Yadav, Aged About 27 Years, Resident Of Village Raiwana, Tehsil Neemrana, District Alwar, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 460/2021
(12 of 25)
[SAW-357/2021]
----Appellants
Versus
Manish Kumar Soni S/o Shri Pushkar Dutt Soni, Aged About 30 Years, R/o House No. 293/17C Lala Maharaj Ji Ki Bagichi, Chhipiwada, Amer Road, Jaipur.
----Respondent
----Appellants
Versus
Birendra Choudhary S/o Shri Hajari Lal, Aged About 26 Years, R/o Village Rohilana Ka Bass, Post Daulatpura, Tehsil Khetri, District Jhunjhunu
----Respondent
----Appellants
Versus
Sattar Khan S/o Shri Salim Khan, Aged About 34 Years, R/o Mata Ke Mandir Ke Pass, Saipau, District Dholpur, Rajasthan-
(13 of 25)
[SAW-357/2021]
----Respondent
D.B. Special Appeal Writ No. 463/2021
----Appellants
Versus
Praveen Kumar Son Of Shri Bihari Lal Gochar, Aged About 24 Years, Resident Of Ward No. 17, Amrapura, Near Airtel Tower, Mangrol, District Baran (Raj.)
----Respondent
D.B. Special Appeal Writ No. 465/2021
----Appellants
Versus
Bablu Meena S/o Shri Ram Sahay Meena, Aged About 30 Years, Resident Of Plot No. 20, Govind Nagar, Ghati Surajpura, Jagatpura, Jaipur.
----Respondent
D.B. Special Appeal Writ No. 466/2021
(14 of 25)
[SAW-357/2021]
----Appellants
Versus
Madan Giri Goswami Son Of Shri Om Giri Goswami, Aged About 35 Years, Resident Of Village And Post Arnay, Tehsil Sanchor, District Jalor (Raj.)
----Respondent
D.B. Special Appeal Writ No. 468/2021
----Appellants
Versus
Jaiprakash Saini S/o Shri-Nagarmal Saini, R/o-Ward No-5, Mawta, District-Jhunjhunu, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 470/2021
----Appellants
Versus
Mohd. Azam S/o Mohd. Amin Khan, Aged About 28 Years, Resident Of Village And Post Islampur, Ward No. 5, Murot Road, Islampur, Jhunjhunu (Rajasthan)
(15 of 25)
[SAW-357/2021]
----Respondent
D.B. Special Appeal Writ No. 474/2021
----Appellants Versus
Deepak Kumar Nagar Son Of Shri Harishankar Nagar, Aged About 23 Years, Resident Of Vpo Sojpur, Tehsil Khanpur District Jhalawar (Raj.)
----Respondent
D.B. Special Appeal Writ No. 480/2021
----Appellants
Versus
Ramniwas S/o Shri Udaram, Aged About 27 Years, R/o Village Bijrasar, Post Sadasar, Tehsil Sardarshahar, District Churu
----Respondent
D.B. Special Appeal Writ No. 485/2021
----Appellants
Kamlesh Kumari Gurjar D/o Ram Babu Gurjar, Aged About 28
Versus
(16 of 25)
[SAW-357/2021]
Years, R/o Chandela Mohalla, Liloj Nandera, Bandikui, District Dausa (Raj.)
----Respondent
D.B. Special Appeal Writ No. 486/2021
----Appellants
Versus
Kamlesh Choudhary S/o Jhutha Ram Jat, Aged about 24 years, R/o Dehra Jobner, Tehsil Phulera, District Jaipur - 303328, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 487/2021
----Appellants
Versus
Akshay Kumar Gurjar Son Of Shri Arvind Kumar Gochar, Aged About 25 Years, Resident Of 19/61, Jel Ke Piche Ka Road, Jhalawar District Jhalawar (Raj.)
----Respondent
(17 of 25)
[SAW-357/2021]
----Appellants
Versus
Phool Chand Verma S/o Shri Ramchandra Verma, Aged About 25 Years, R/o Village And Post Shahpura, Via Bawari, Tehsil Khandela, District Sikar
----Respondent
D.B. Special Appeal Writ No. 489/2021
----Appellants
Versus
Mangi Lal S/o Shri Bagru Ram, Aged About 27 Years, R/o Khileriyo Ki Dhaniya, Pali, District Jodhpur, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 491/2021
----Appellants
Versus
Arman Khan S/o Shri-Abdul Saleem, Aged About 24 Years, R/oMalak Pada, Badi, Kahar Gali, Tehsile-Badi, District- Dholpur, Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 492/2021
(18 of 25)
[SAW-357/2021]
Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.)
----Appellants
Versus
Premlata Gochar Daughter Of Purab Chand Gochar, Aged About 29 Years, Resident Of Ward No. 21, Meera Gate, District Bundi (Raj.)
----Respondent
D.B. Special Appeal Writ No. 493/2021
----Appellants
Versus
Jay Prakash Prajapat S/o Shri Ram Khiladi Prajapat, Aged About 25 Years, Village And Post Piloda, Tehsil Wazirpur, Distt. Sawai Madhopur
----Respondent
D.B. Special Appeal Writ No. 496/2021
----Appellants
Versus
Ramji Lal Jat S/o Shri Jhutha Ram Jat, Aged About 24 Years, R/o Village Nangal Siras Mandoliya Ki Dhani, Post Neendar Benar, Tehsil Amer, District Jaipur (Raj)
----Respondent
D.B. Special Appeal Writ No. 498/2021
(19 of 25)
[SAW-357/2021]
Welfare, National Health Mission Govt. Of Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur 302005.
----Appellants
Versus
Bhupesh Sharma S/o Shri Mohanlal Sharma, Aged About 32 Years, R/o 9 Parasuram Nagar, Gautam Colony, Behind Of Akashwani, Sawai-Madhopur Rajasthan.
----Respondent
D.B. Special Appeal Writ No. 502/2021
----Appellants
Versus
Lekhraj Meena S/o Ramkishor Meena, Aged About 28 Years, R/o Village - Batwari Umar, District Bundi (Raj.)
----Respondent
D.B. Special Appeal Writ No. 503/2021
----Appellants
Versus
(20 of 25)
[SAW-357/2021]
D.B. Special Appeal Writ No. 514/2021
Versus
(21 of 25)
[SAW-357/2021]
----Appellants
Versus
----Respondents
D.B. Special Appeal Writ No. 689/2021
(22 of 25)
[SAW-357/2021]
----Appellants
Versus
Indra Kumar Son Of Shri Nemi Chand, Aged About 23 Years, Resident Of Panchpadra City, District Barmer (Raj.).
----Respondent
D.B. Special Appeal Writ No. 704/2021
----Appellants
Versus
Sunil Jat S/o Shri Vijendra Singh, Aged About 29 Years, R/o Sadhana Colony, Jat Ki Saray, Hindaun City, Distt. Karauli.
----Respondent
D.B. Special Appeal Writ No. 705/2021
----Appellants
Versus
Hemlata Doi Daughter Of Shri Hari Singh Gurjar, Aged About 29 Years, Wife Of Shri Sumer Singh Gurjar, R/o Village Sahupada, Tehsil Baswa, District Dausa (Rajasthan).
----Respondent
D.B. Special Appeal Writ No. 706/2021
(23 of 25)
[SAW-357/2021]
----Appellants
Versus
Kailash Chand Nagar Son Of Shri Rajaram Nagar, Aged About 31 Years, Resident Of 47, Mohalla School, Malanvasa, Sarola, District Jhalawar (Raj.)
----Respondent
D.B. Special Appeal Writ No. 710/2021
----Appellants
Versus
Renu Kumari D/o Agna Ram Sharma, Aged About 27 Years, R/o Dalmia Ki Dhani, Teh - Surajgarh, District Jhunjhunu (Raj.)
----Respondent
| For Appellant(s) | : Mr. Harshal Tholia on behalf of Dr. V.B. Sharma, AAG |
|---|---|
| For Respondent(s) | : Mr. David Mehla for Mr. Sandeep Singh Shekhawat |
| (in SAW No.470/2021) |
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA
Judgment
10/11/2021
These appeals arise out of a common judgment of the learned Single Judge dated 26.03.2021 in case of Kamlesh
(24 of 25)
[SAW-357/2021]
Choudhary Vs. State of Rajasthan and Anr. (Civil Writ Petition No.3008/2021) and connected writ petitions.
Learned Government Advocate, on instructions of Dr. Mahesh
Sachdeva, OIC, State Nodal Officer (NHM), who is present before the Court, stated that during the pendency of these appeals, the State authorities have taken steps for completing the recruitment process and during such process cases of the petitioners have also been considered as directed by the learned Single Judge in the impugned judgment. He stated that the recruitment process has reached an advanced stage. Some of the appointments have already been made. These appointees include some of the petitioners also. However, those candidates (including the petitioners) who had not undertaken requisite training, are sent for such training and upon completion of the training, they would also be appointed. He stated that the State Government would require extension of time for completing this process. The training is likely to be over by 15.02.2022 and the State authorities will make an attempt to complete the entire selection process by 31.03.2022. He requested that under these circumstances, suitable time extension may be granted.
Government Counsel however put a caveat that these actions of the State Government should not be seen as giving up in principle the challenge to the view taken by the learned Single Judge.
In view of the developments which took place during the pendency of these appeals and the stand taken by the State Government which is noted above, in our opinion these appeals can be disposed of without entering into merits. This disposal would be subject to following two modifications/clarifications:-
(25 of 25)
[SAW-357/2021]
(i) The State authorities are granted time upto 15.04.2022 to complete the selection process.
(ii) Disposal of these appeals should not be seen as the Division Bench confirming the view of learned Single Judge on merits.
Subject to these directions and clarifications, the appeals are disposed of.
(REKHA BORANA),J
(AKIL KURESHI),CJ
KAMLESH KUMAR /N.Gandhi/S-130-187
1 issue framed by the court
Should the State authorities be granted additional time to complete the recruitment selection process?
State Of Rajasthan
Director, National Health Mission
Additional Director (Administration), Department Of Medical And Health Service, Rajasthan
Puja Mathur
Sandeep Kumar
Sunil Kumar
Akil Kureshi
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
