Allowed

Pooja v. State of Rajasthan

Rajasthan HC17 Nov 2022CW/8368/2021

Case brief

AI extract

What is this about?

Paramedical registrations affecting Lab Technician and Assistant Radiographer recruitment were cancelled en masse. The court quashed the cancellation and remanded for individual notices, hearings and fresh decisions. Recruitment eligibility remained subject to validation of registration; selected candidates' posts were to remain vacant pending inquiry. Rival candidates' petitions were disposed of.

What did the court decide?

Cancellation quashed; matters remanded for individual notices, hearings and fresh orders within four months. Selected candidates' posts to remain vacant pending inquiry.

Pooja Vs State of Rajasthan — Service and Employment | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 17278/2021

¶3

Sharwan Ram Badiyasar S/o Shri Kana Ram, Aged About 29 Years, Resident Of Godaro Ka Bas, Khiyala, Jayal, District Nagaur.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶7

Director (Adm.), Medical And Health Department, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶8

Rajasthan Para Medical Council, Through Its Registrar, G- 1A, Kishan Bhawan, Lal Kothi, Jaipur.

¶9

Rajasthan Staff Selection Board, Jaipur, Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura - 302 016 Jaipur.

¶10

----Respondents

¶11

Connected With

¶12

S.B. Civil Writ Petition No. 7528/2021

¶13

Kartik Vaishnav S/o Shri Deen Dayal Vaishnav, Aged About 24 Years, R/o Marudhar Kesri Colony, Village Pipaliya Kallan, Tehsil Raipur, District Pali, Rajasthan.

¶14

Dewa Ram S/o Shri Bharmal Ram, Aged About 27 Years, R/o Adarsh Dhoundha, Kawas District Barmer, Rajasthan.

¶15

Roshan Khan S/o Shri Gafur Khan, Aged About 47 Years, R/o Vpo - Khunkhuna, Tehsil Didwana, District Nagaur, Rajasthan.

¶16

Abrar Ahmed S/o Shri Ashfak Ahmed, Aged About 28 Years, R/o Shekhon Ka Mohalla, Naiyo Ki Gali, Old Gajner Road Bikaner, Rajasthan.

¶17

Arman Khan S/o Shri Abdul Hamid, Aged About 21 Years, R/o Maszid V Charch Wali Gali, Tilak Nagar, District Bikaner, Rajasthan.

¶18

Pravin Kumar S/o Shri Purushotam Das, Aged About 27 Years, R/o Sardarpura Forest Department Office Road, District Barmer, Rajasthan.

¶19

(2 of 45)

¶20

Vikram Sen S/o Shri Virendra Kumar Barber, Aged About 32 Years, R/o 46/192 Naiyo Ki Talai, Udaipur, Rajasthan.

¶21

----Petitioners

¶22

Versus

¶23

State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health, Secretariat, District Jaipur, Rajasthan.

¶24

Director, Directorate Of Medical And Health Services, Public Health Department, Behind Secretariat, C Scheme, Ashok Nagar, Jaipur, Rajasthan.

¶25

Rajasthan Para Medical Council, Through Registrar, Having Its Office At House No. - 6, Everest Colony, Near Apex Mall, Lal Kothi, Jaipur, Rajasthan.

¶26

Rajasthan Sub-Ordinate And Ministerial Service Selection Board, Through Its Chairman, Office At Rajasthan State Agriculture Managing Institution Campus, Durgapura, District Jaipur, Rajasthan.

¶27

Sri Satya Sai University Of Technology And Medical Sciences, Through Its Registrar, Office At Opp. Oilfed Plant, Bhopal-Indore Road, Sehore (M.p.)

¶28

Sarvepalli Radhakrishnan University, Through Its Registrar, Office At Nh-12 Hoshangabad Road, Misrod, Bhopal - 462026 (M.p.)

¶29

----Respondents

¶30

S.B. Civil Writ Petition No. 8141/2021

¶31

Abhishek Prajapat S/o Shri Hariprasad Prajapat, Aged About 23 Years, R/o Duliya Bass, Near Sankar Mochan Mandir, Bhanwar Medical Sujangarh, District Churu (Raj.).

¶32

Manoj Kumar Prajapat S/o Shri Biradi Chand Prajapat, Aged About 26 Years, R/o Dhani Bass, Ward No. 19, Rajaldesar, District Churu (Raj.).

¶33

----Petitioners

¶34

Versus

¶35

State Of Rajasthan, Through The Principal Secretary, Medical And Health Services (Group-Iii), Government Of Rajasthan, Secretariat, Jaipur.

¶36

The Director (Non-Gazetted), Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan, Jaipur.

¶37

(3 of 45)

¶38

The Chairman, Rajasthan Staff Selection Board, State Institute Of Agriculture Management Premises, Durgapura, Jaipur.

¶39

The Registrar, Rajasthan Paramedical Council Council, Plot No. 6, Everest Colony, Near Apex Mall, Lal Kothi, Jaipur.

¶40

----Respondents

¶41

S.B. Civil Writ Petition No. 8368/2021

¶42

Pooja D/o Shri Om Prakash, Aged About 23 Years, R/o Harji Solanki Ka Bera Nanan Road Pipar City, Jodhpur.

¶43

----Petitioner

¶44

Versus

¶45

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶46

Director (Adm), Medical And Health Department, Government Of Rajasthan, Swastya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶47

Rajasthan Para Medical Council, Through Its Registrar, G- 1A, Kishan Bhawan, Lal Kothi, Jaipur.

¶48

Rajasthan Staff Selection Board, Jaipur Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura- 3022016 Jaipur.

¶49

----Respondents

¶50

S.B. Civil Writ Petition No. 8423/2021

¶51

Mangi Lal S/o Shri Bhagirath, Aged About 25 Years, Shiv Nagar, Sanwreej, Tehsil Phalodi, District Jodhpur (Raj.).

¶52

----Petitioner

¶53

Versus

¶54

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶55

Director (Adm.), Medical And Health Department, Government Of Rajasthan, Swastya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶56

Rajasthan Para Medical Council, Through Its Registrar, G- 1A, Kishan Bhawan, Lal Kothi, Jaipur.

¶57

Rajasthan Staff Selection Board, Jaipur, Through Its Secretary, State Institute Of Agriculture Management

¶58

(4 of 45)

¶59

Premises, Durgapura-302016 Jaipur.

¶60

----Respondents

¶61

S.B. Civil Writ Petition No. 8481/2021

¶62

Pramod Sen S/o Shri Sampat Raj Sen, Aged About 38 Years, R/o House No.226, Shyam Nagar 1St, Behind Sai Dham, Pal Road, Jodhpur (Raj.).

¶63

Jitendra Saini S/o Shri Sampat Raj, Aged About 24 Years, R/o Ram Sagar Bera, Riyan, Pipar City, District Jodhpur (Raj.).

¶64

----Petitioners

¶65

Versus

¶66

State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶67

The Director (Non-Gazetted), Medical And Health Services, Health Bhawan, Jaipur.

¶68

Rajasthan Sub-Ordinate And Ministerial Service Selection Board, Through Its Chairman, Office At Rajasthan State Agriculture Managing Institution Campus, Durgapura, Jaipur (Raj.).

¶69

Rajasthan Para Medical Council, Through Its Registrar, C- 7(A), Sultan House, SJS Highway, Banipark, Jaipur302016.

¶70

Sri Satya Sai University Of Technology And Medical Sciences, Through Its Registrar, Opp. Oil-Fed Plant, Bhopal-Indore Road, Sehore, Madhya Pradesh (India).

¶71

----Respondents

¶72

S.B. Civil Writ Petition No. 9712/2021

¶73

Rajendra Prasad Saran S/o Shri Rameshwar Lal Saran, Aged About 34 Years, Resident Of Village Devasar, Ward Number, Devsar, Churu (Raj.).

¶74

Dileep Kumar Sharma S/o Shri Bhagwan Shai Sharma, Aged About 35 Years, Resident Of Ayodhya Nagar, Dausa (Raj.).

¶75

Brijesh Kumar S/o Shri Ashok Kumar, Aged About 27 Years, Resident Of Sultana Ahiran, Jhunjhunu (Raj.).

----Petitioners

Versus

(5 of 45)

State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶80

The Director (Non-Gazetted), Medical And Health Services, Health Bhawan, Jaipur.

¶81

Rajasthan Sub-Ordinate And Ministerial Service Selection Board, Through Its Chairman, Office At Rajasthan State Agriculture Managing Institution Campus, Durgapura, Jaipur (Rajasthan).

¶82

Rajasthan Para Medical Council, Through Its Registrar, C-7 (A), Sultan House, SJS Highway, Banipark, Jaipur302016.

¶83

M.p. Para Medical Council, Through Its Registrar, 3Rd Floor, Platinum Plaza, Near Mata Mandir, Bhopal (M.P.).

¶84

Rabindranath Tagore University (Erstwhile Aisect University), Through Its Registrar, Village Mendua, Bhopal-Chiklod Road, Tehsil Goarganj, District Raisen, Madhya Pradesh - 464993 (India).

¶85

----Respondents

¶86

S.B. Civil Writ Petition No. 9800/2021

¶87

Jitendra Kumar Prajapat S/o Shri Babu Lal, Aged About 20 Years, Kumharo Ka Nichla Bas, Pali.

¶88

----Petitioner

¶89

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶90

Director (Adm.), Medical And Health Department, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶91

Rajasthan Para Medical Council, Through Its Registrar, G- 1A, Kishan Bhawan, Lal Kothi, Jaipur.

¶92

Rajasthan Staff Selection Board, Jaipur Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura-302016 Jaipur.

¶93

----Respondents

¶94

S.B. Civil Writ Petition No. 9883/2021

¶95

Vijay Kumar Singhal S/o Shri Peetam Chand Singhal, Aged About 33 Years, 110-A-68, Rhb Vyas Apartment,

¶96

(6 of 45)

¶97

Sector 10, Pratapnagar, Sanganer, Jaipur (Raj.).

¶98

Chandra Prakash Meena S/o Shri Ramniwas Meena, Aged About 25 Years, Village Khohara, Wara Bujurg, Dausa (Raj.).

¶99

----Petitioners

¶100

Versus

¶101

State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶102

The Director (Non-Gazetted), Medical And Health Services, Health Bhawan, Jaipur.

¶103

Rajasthan Sub-Ordinate And Ministerial Service Selection Board, Through Its Chairman, Office At Rajasthan State Agriculture Managing Institution Campus, Durgapura, Jaipur (Rajasthan).

¶104

Rajasthan Para Medical Council, Through Its Registrar, C- 7(A), Sultan House, Sjs Highway, Banipark, Jaipur 302016

¶105

M.p. Para Medical Council, Through Its Registrar, Platinum Plaza, Near Mata Mandir, Bhopal (M.p.).

¶106

Swami Vivekanand University, Through Its Registrar At Nh-26, Narsinghpur Road, District Saar Madhya Pradesh (India).

¶107

----Respondents

¶108

S.B. Civil Writ Petition No. 9985/2021

¶109

Devendra Patel S/o Shri Natha Ram Patel, Aged About 37 Years, Resident Of Jalora Karshi Farm, Banganga, Bilara, Tehsil Bilara, District Jodhpur (Raj.).

¶110

Piyush Bishnoi S/o Shri Chuna Ram, Aged About 21 Years, Resident Of Daya Kor, District Jodhpur (Raj.).

¶111

Prakash Patel S/o Shri Tulchha Ram, Aged About 23 Years, Resident Of Jod Area, Patelawas, Jhanwar, Tehsil Luni, District Jodhpur (Raj.).

¶112

Ashish Sharma S/o Shri Mahesh Chand Sharma, Aged About 25 Years, Resident Of Tonk Road, Near Shiv Adarsh Public School, Hammir Nagar-2, Sawai Madhopur (Raj.).

¶113

Murari Lal Gurjar S/o Shri Meva Lal Gurjar, Aged About 23 Years, Resident Of Abhaipur, Ancher, District Sawai Madhopur (Raj.).

¶114

(7 of 45)

¶115

Satyanarayan Gurjar S/o Shri Nand Lal Gurjar, Aged About 21 Years, Resident Of Khijori, Sawai Madhopur (Raj.).

¶116

Krishna Panchamani D/o Shri Bheru Singh Panchamani, Aged About 41 Years, Resident Of 6/137, Malviya Nagar, Jaipur (Raj.).

¶117

Sumit Bagri S/o Shri Kailash Chand Bagri, Aged About 26 Years, Resident Of Bagri Bhawan, Near Chamatkar Mandir, Alanpur, Sawai Madhopur Town, District Sawai Madhopur (Raj.).

¶118

Abhishek Kumar S/o Shri Data Ram, Aged About 25 Years, Resident Of Parsonda, Kherli, District Dholpur (Raj.).

¶119

Lav Kush S/o Shri Data Ram, Aged About 24 Years, Resident Of Parsoda, Kherli, District Dholpur (Raj.).

¶120

Jitendra Singh Kasana S/o Shri Surajmal Gurjar, Aged About 26 Years, Resident Of Revad Patel Ki Dhani, Sikandra, District Dausa (Raj.).

¶121

Sanjay Singh Gurjar S/o Shri Ramesh Chand Gurjar, Aged About 29 Years, Resident Of 123, Panch Thok Ke Pura, Akbarpur, District Karauli (Raj.).

¶122

Aditya Chopra S/o Shri Arvind Kumar Sharma, Aged About 22 Years, Resident Of Mohalla Didwana, District Dausa (Raj.).

¶123

Jitendra Sharma S/o Shri Satyanarayan Sharma, Aged About 22 Years, Resident Of Ramu Baba Ki Dhani, Didwana, Tehsil Lalsot, District Dausa (Raj.).

¶124

Vikash Sharma S/o Shri Ramesh Chand Sharma, Aged About 22 Years, Resident Of Ramu Baba Ki Dhani, Didwana, Tehsil Lalsot, District Dausa (Raj.).

¶125

Vimal Choudhary S/o Shri Madan Lal Choudhary, Aged About 24 Years, Resident Of Devbaksh Ki Dhani, Narsinghpura, Jaipur (Raj.).

¶126

Rahul Choudhary S/o Shri Babu Lal Choudhary, Aged About 21 Years, Resident Of Gurliyo Ki Dhani, Badhal, Ajmer Road, Jaipur (Raj.).

¶127

Mahesh Kumar Bijarnia S/o Shri Harpal Singh Bijarnia, Aged About 27 Years, Resident Of Dhani Dera Duda Ka, Ward No. 5, Sri Madhopur, Nangal Bhim, District Sikar (Raj.).

¶128

(8 of 45)

¶129

Samandar Singh Gurjar S/o Shri Bharat Singh Gurjar, Aged About 31 Years, Resident Of 56, Gurjar Basti, Rod Khurd, Gudla, District Karauli (Raj.).

¶130

Ashok Kumar S/o Shri Brij Lal, Aged About 34 Years, Resident Of Village Chorari Athuni, Bibasar, Tehsil Navalgarh, District Jhunjhunun (Raj.).

¶131

Nitish Kumar Meena S/o Shri Ram Krishan Meena, Aged About 24 Years, Resident Of Jagrampura Patti, Dausa (Raj.).

¶132

Netram S/o Shri Babu Lal Meena, Aged About 27 Years, Resident Of Meena Mohalla, Bhajeda, Karauli (Raj.).

¶133

Jitendra Solanki S/o Shri Ramesh Kumar Solanki, Aged About 29 Years, Resident Of Near Ramdev Tiles Factory, Rani Bazar, Bikaner (Raj.).

¶134

Omveer Singh Gurjar S/o Shri Tej Singh Gurjar, Aged About 26 Years, Resident Of Sumel Kalan, Dausa (Raj.).

¶135

Rajendra Prasad S/o Shri Ram Swaroop, Aged About 29 Years, Resident Of Near Jhabbu Pajari Ka Mandir, Johada Mohalla, Patel Nagar, Alwar (Raj.).

¶136

Lekhraj Gurjar S/o Shri Vishram Singh Gurjar, Aged About 23 Years, Resident Of Noorpur Basda, Dausa (Raj.).

¶137

Sunita Gurjar D/o Shri Harphool Gurjar, Aged About 27 Years, Resident Of Luv Kush Colony, Tonk Road, Kherda, Sawai Madhopur (Raj.).

¶138

Ravina D/o Shri Sajjan Singh, Aged About 29 Years, Resident Of 134, Indira Colony, Niwai, District Tonk (Raj.).

¶139

Deepa Gurjar D/o Shri Vinod Kumar Gurjar, Aged About 23 Years, Resident Of Paota, Dausa, District Dausa (Raj.).

¶140

Krishan Kant Bhardwaj S/o Shri Rajani Kant Bhardwaj, Aged About 23 Years, Resident Of Handiya, Rontehdiya, District Dausa (Raj.).

¶141

Tanu Sharma D/o Shri Deepak Sharma, Aged About 22 Years, Resident Of Near Shiv Temple, Kalwaniya Ka Mohalla, Bassi, Jaipur (Raj.).

¶142

Sumitra D/o Shri Harpal Singh Bijarniya, Aged About 28 Years, Resident Of Ward No. 06, Nai Dhani Chopada, Singod Kalan, Jaipur (Raj.).

----Petitioners

Versus

(9 of 45)

State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶147

The Director (Non-Gazetted), Medical And Health Services, Health Bhawan, Jaipur.

¶148

Rajasthan Sub-Ordinate And Ministerial Service Selection Board, Through Its Chairman, Office At Rajasthan State Agriculture Managing Institution Campus, Durgapura, Jaipur (Rajasthan).

¶149

Rajasthan Para Medical Council, Through Its Registrar, C-7 (A), Sultan House, SJS Highway, Banipark, Jaipur-B 302016.

¶150

M.p. Para Medical Council, Through Its Registrar, 3Rd Floor, Platinum Plaza, Near Mata Mandir, Bhopal (M.p.).

¶151

Dr. Sarvepalli Radhakrishnan University, Through Its Registrar, Nh-12, Hoshangabad Road, Jatkhedi, Bhopal, Madhya Pradesh (India).

¶152

----Respondents

¶153

S.B. Civil Writ Petition No. 9997/2021

¶154

Narendra Kumar S/o Shri Subhash Chander, Aged About 27 Years, R/o Chak 4 K J D, 3 Pwm, Khajuwala, District Bikaner, Rajasthan.

¶155

Mukesh Choudhary S/o Shri Ramchandra, Aged About 30 Years, R/o Dargo Ki Dhani, Bagru Khurd, District Jaipur, Rajasthan.

¶156

Jaswant Singh S/o Shri Likhma Ram, Aged About 33 Years, R/o Village Baytu, District Barmer, Rajasthan.

¶157

Yashoda W/o Shri Dharma Ram, Aged About 31 Years, R/o Tajaniyo Ka Tala, Kaprau, Chohtan, District Barmer, Rajasthan.

¶158

----Petitioners

¶159

Versus

¶160

State Of Rajasthan, Through, Principal Secretary, Department Of Medical And Health, Secretariat, District Jaipur, Rajasthan.

¶161

Director, Directorate Of Medical And Health Services, Public Health Department, Behind Secretariat, C Scheme, Ashok Nagar, Jaipur, Rajasthan.

¶162

Rajasthan Para-Medical Council, Through Registrar,

¶163

(10 of 45)

¶164

Having Its Office At House No.- 6, Everest Colony, Near Apex Mall, Lal Kothi, Jaipur, Rajasthan.

¶165

Rajasthan Sub-Ordinate And Ministerial Service Selection Board, Through Its Chairman, Office At Rajasthan State Agriculture Managing Institution Campus, Durgapura, District Jaipur, Rajasthan.

¶166

----Respondents

¶167

S.B. Civil Writ Petition No. 10000/2021

¶168

Kavita Devi D/o Prema Ram, Aged About 27 Years, Resident Of 489 Ganv Taliya Aabadi, Doli Kalan, Barmer.

¶169

Umesh Kanwar Chouhan D/o Bhanwar Singh, Aged About 33 Years, Resident Of Dadhich Bhawan, Tasavi Nagar, Mata Ka Than, Jodhpur.

¶170

Mangi Lal S/o Shri Ram Vishnoi, Aged About 35 Years, Resident Of Bolo Ka Vas Koja, Barmer.

¶171

Junja Ram S/o Goga Ram, Aged About 22 Years, Resident Of Sonaro Ki Dhani, Dhoodhu, Barmer.

¶172

Abhimanyu Vishnoi S/o Sahi Ram Bishnoi, Aged About 22 Years, Resident Of Jaleli Faujadaran, Jodhpur.

¶173

Sharda D/o Biru Ram, Aged About 25 Years, Resident Of Village Sanwreej, Tehsil Phalodi, District Jodhpur.

¶174

----Petitioners

¶175

Versus

¶176

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶177

Director (Adm.), Medical And Health Department, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶178

Rajasthan Para Medical Council, Through Its Registrar, C-7A, Sultan House, Sawai Jai Singh Highway, Bani Park, Jaipur.

¶179

Rajasthan Staff Selection Board, Jaipur Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura, Jaipur-302016.

¶180

----Respondents

¶181

S.B. Civil Writ Petition No. 10005/2021

¶182

Aryan Patel S/o Shri Babulal Patel, Aged About 24 Years,

¶183

(11 of 45)

¶184

Resident Of 79, Marudhar Kesari Nagar, Shobhawaton Ki Dhani, Pal Road, Jodhpur (Raj.).

¶185

Sharwan Ram S/o Shri Ummed Ram, Aged About 32 Years, Resident Of Ganv Ka Bazaar, Jhanwar, Tehsil Luni, District Jodhpur (Raj.).

¶186

Hansraj Gurjar S/o Shri Jagdish Gurjar, Aged About 23 Years, Resident Of Dhorala, Pipalda, District Sawai Madhopur (Raj.).

¶187

Ram Singh Gurjar S/o Shri Ramkalyan Gurjar, Aged About 28 Years, Resident Of Bambori (Rural), District Sawai Madhopur (Raj.).

¶188

Reshama Devanda D/o Shri Bhagirath Devanda, Aged About 24 Years, Resident Of Devanda Ki Dhani, Malikpur, District Jaipur (Raj.).

¶189

Daya Ram Gurjar S/o Shri Raju Lal Gurjar, Aged About 35 Years, Resident Of Karela Bujurg, District Dausa (Raj.).

¶190

Meena Bai Gurjar D/o Shri Sumer Singh Gurjar, Aged About 23 Years, Resident Of Arniya, Baswa, District Dausa (Raj.).

¶191

Mohan Saini S/o Shri Bhoma Ram Saini, Aged About 31 Years, Resident Of Baradaya Ki Dani, Sikandara, Sikrai, District Dausa (Raj.).

¶192

Umesh Kumar S/o Shri Vidhya Ram, Aged About 25 Years, Resident Of Parsoda, Kherli, District Dholpur (Raj.).

¶193

Sher Singh Meena S/o Shri Ramkaran Meena, Aged About 26 Years, Resident Of Nirjharna, Tehsil Lasot, District Dausa (Raj.).

¶194

Dharam Raj Meena S/o Shri Bhrat Lal Meena, Aged About 26 Years, Resident Of Dundyapura, Jakhoda, District Karauli (Raj.).

¶195

Arun Meena S/o Shri Indraj Meena, Aged About 25 Years, Resident Of Khanpur, Tehsil Sapotra, District Karauli (Raj.).

¶196

Rameshwar Dayal S/o Shri Jagram, Aged About 25 Years, Resident Of Dawak, Bharatpur District Bharatpur (Raj.).

¶197

Vishvendra Singh S/o Shri Parsadi Lal, Aged About 22 Years, Resident Of Gram Amarpur, Post Gazipur, Tehsil Mahwa, District Dausa (Raj.).

¶198

Sanju Sharma S/o Shri Ram Babu Sharma, Aged About

¶199

(12 of 45)

¶200

23 Years, Resident Of 4137, Ganga Boks, Joshi Ka Rasta, Surajpol, Jaipur (Raj.).

¶201

Lakshay Sharma S/o Shri Brij Bhushan Sharma, Aged About 21 Years, Resident Of 81, Punchkuiya Ke Pass, Hariyana Brahman Mohalla, Dausa Rural, Dausa (Raj.).

¶202

Ashok Kumar Sharma S/o Shri Ganpat Lal Sharma, Aged About 25 Years, Resident Of Opposite Keshar Gulab Hotel, Bohra Colony, Kothun Road, Tehsil Lalsot, District Dausa (Raj.).

¶203

Bablu Sharma S/o Shri Girraj Prasad Sharma, Aged About 24 Years, Resident Of Rambabu Ki Dhani, Didwana, District Dausa (Raj.).

¶204

Surendra Kumar Nitharwal S/o Shri Jagan Nitharwal, Aged About 24 Years, Resident Of Astikalna, Tehsil Chomu, District Jaipur (Raj.).

¶205

Dharmraj Kadwa S/o Shri Mohan Lal Kadwa, Aged About 24 Years, Resident Of 22, Kadwa Ka Bas, Tehsil Dudu, District Jaipur (Raj.).

¶206

Akash Bajiya S/o Shri Bhinwar Ram, Aged About 21 Years, Resident Of Ward No. 16, Near Animal Hospital, Palsana, District Sikar (Raj.).

¶207

Abhilash Bhuria S/o Shri Ram Chandra, Aged About 22 Years, Resident Of Chelasi, Tehsil Dhod, Phagalwa, District Sikar (Raj.).

¶208

Jai Singh S/o Shri Suwalal, Aged About 24 Years, Resident Of Ward No. 21, Chara Ka Bas, Parasrampura, District Jhunjhunun (Raj.).

¶209

Ankit Vyas S/o Shri Ram Prakash Vyas, Aged About 22 Years, Resident Of Vishanpura, Charan, District Karauli (Raj.).

¶210

Anita Kumari D/o Shri Harlal Singh, Aged About 29 Years, Resident Of Ward No. 14, Durgapura, Piprali, District Sikar (Raj.).

¶211

Adesh Kumar Meena S/o Shri Prabhu Lal Meena, Aged About 26 Years, Resident Of 418, Lunda Ka Jhopada, Luhari Kalan, Bhilwara (Raj.).

¶212

Shrawan Kumar S/o Shri Babu Ram, Aged About 25 Years, Resident Of Eshrwalo Ki Dhani, Rajala, Sadri, Peelwa, District Jodhpur (Raj.).

¶213

Vinod Singh S/o Shri Kunwar Singh, Aged About 26 Years,

¶214

(13 of 45)

¶215

Resident Of Khemra, Sunari, District Bharatpur (Raj.).

¶216

1. Heera Ram S/o Shri Ummeda Ram, Aged About 34 Years, Resident Of Near Bijli Ghar, Jhanwar, Tehsil Luni, District Jodhpur (Raj.).

¶217

----Petitioners

¶218

Versus

¶219

State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶220

The Director (Non-Gazetted), Medical And Health Services, Health Bhawan, Jaipur

¶221

Rajasthan Sub-Ordinate And Ministerial Service Selection Board, Through Its Chairman, Office At Rajasthan State Agriculture Managing Institution Campus, Durgapura, Jaipur (Rajasthan).

¶222

Rajasthan Para Medical Council, Through Its Registrar, C- 7(A), Sultan House, Sjs Highway, Banipark, Jaipur302016.

¶223

M.p. Para Medical Council, Through Its Registrar, 3Rd Floor, Platinum Plaza, Near Mata Mandir, Bhopal (M.P.).

¶224

Sri Satya Sai University Of Technology And Medical Sciences, Through Its Registrar, Bhopal Indore Road, Opposite Pachama Oil Fed Plant, Pachama, Sehore, Madhya Pradesh - 466001 (India).

¶225

----Respondents

¶226

S.B. Civil Writ Petition No. 10026/2021

¶227

Suresh Bishnoi S/o Sona Ram Bishnoi, Aged About 24 Years, Pahadganj Second, Krishi Mandi Mandore, Kum Mandore Road, Jodhpur.

¶228

Rakesh S/o Meka Ram, Aged About 26 Years, Chandan Pura, Chikni Nadi, Jodhpur.

¶229

Prakash Bishnoi S/o Kehra Ram, Aged About 34 Years, Halibav, Tehsil Chitalwana, District Jalore.

¶230

Rakesh Kumar Sharma S/o Matadeen Sharma, Aged About 40 Years, Tanka Heri Alwar (Raj.).

¶231

Narendra S/o Pukhraj, Aged About 26 Years, Dhako Ki Dhani, Jambheshwar Nagar, Jodhpur.

¶232

Vishnu Sharma S/o Fatteram, Aged About 25 Years, Kanvila Mohalla, Sikrori, Bharatpur.

¶233

(14 of 45)

¶234

Akhil Krishnia S/o Anil Krishnia, Aged About 22 Years, Purana Bus Stand Ke Pas, Ward No.6 Budana, Jhunjhunu (Raj.)

¶235

----Petitioners

¶236

Versus

¶237

State Of Rajasthan, Through The Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶238

Director (Adm.), Medical And Health Department, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶239

Rajasthan Para Medical Council, Through The Registrar, C- 7A, Sultan House, Sawai Jai Singh Highway, Bani Park, Jaipur.

¶240

Rajasthan Staff Selection Board Jaipur, Through The Secretary, State Institute Of Agriculture Management Premises, Durgapura - 302 016 Jaipur.

¶241

----Respondents

¶242

S.B. Civil Writ Petition No. 10045/2021

¶243

Anil Bishnoi S/o Hanuman Ram, Aged About 22 Years, Vishnoiyo Ki Dhani, Nandra Kalla, Banar, Jodhpur.

¶244

Ajay Pal Singh S/o Shri Bhagwan Singh, Aged About 30 Years, Pahar Ganj Colony, Kishor Bag Ke Samne Mandore, Jodhpur.

¶245

----Petitioners

¶246

Versus

¶247

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶248

Director (Admn.), Medical And Health Department, Government Of Rajasthan, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.

¶249

Rajasthan Para Medical Council, Through Its Registrar, C- 7A, Sultan House, Sawai Jai Singh Highway, Bani Park, Jaipur.

¶250

(15 of 45)

¶251

Rajasthan Staff Selection Board, Jaipur Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura - 302016 Jaipur.

¶252

----Respondents

¶253

S.B. Civil Writ Petition No. 10063/2021

¶254

Naresh Kumar S/o Ladu Ram, Aged About 27 Years, Resident Of Village Sankad, District Jalore.

¶255

Hitpal Singh S/o Narayan Singh, Aged About 32 Years, Village Purada, Post Pomana, Tehsil Sumerpur District Pali.

¶256

----Petitioners

¶257

Versus

¶258

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶259

Director (Adm.), Medical And Health Department, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶260

Rajasthan Para Medical Council, Through Its Registrar, C- 7A, Sultan House, Sawai Jai Singh Highway, Bani Park, Jaipur.

¶261

Rajasthan Staff Selection Board, Jaipur, Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura - 302016 Jaipur.

¶262

----Respondents

¶263

S.B. Civil Writ Petition No. 10068/2021

¶264

Sharvan Devasi S/o Uda Ram, Aged About 26 Years, Devasiyo Ka Bas, Pal Ganv, Jodhpur.

¶265

Lakhan Sharma S/o Shri Madan Lal Sharma, Aged About 26 Years, Som Nagar, Madhuvan Senthi, Chittorgarh.

¶266

Achala Ram S/o Mota Ram, Aged About 28 Years, Payla Kalla, Badmer.

¶267

----Petitioners

¶268

Versus

¶269

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶270

Director (Adm.), Medical And Health Department,

¶271

(16 of 45)

¶272

Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶273

Rajasthan Para Medical Council, Through Its Registrar, C- 7A, Sultan House, Sawai Jai Singh Highway, Bani Park, Jaipur.

¶274

Rajasthan Staff Selection Board, Jaipur, Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura - 302016 Jaipur.

¶275

----Respondents

¶276

S.B. Civil Writ Petition No. 10168/2021

¶277

Ram Manohar S/o Shri Sura Ram, Aged About 23 Years, R/o Vill- Sonari, District Badmer.

¶278

Vijay Laxmi D/o Shri Rama Kishan, Aged About 24 Years, R/o Vill- Sanwara Kala, Bhimtal, Dist. Badmer.

¶279

Sharda D/o Shri Kishana Ram, Aged About 23 Years, R/o Vill- Shiv Mandir, Nedi Nadi, Tehsil Dhorimana, Dist. Badmer.

¶280

Maga Ram S/o Shri Prabhu Ram, Aged About 21 Years, R/o Vill- Siyalo Ka Der, Ram Ji Ka Gol Fanta, Dist. Badmer.

¶281

Anil Bangarwa S/o Shri Rugnatha Ram, Aged About 20 Years, R/o Vill- Khara, Tehsil Sanchore, Dist. Jalore.

¶282

Indu Bala W/o Hanumana Ram, Aged About 32 Years, R/o Hirkan Ka Than, Meethra Khurd, District Badmer.

¶283

Kishan Singh S/o Shri Virma Ram, Aged About 23 Years, R/o- Khume Ki Beri, Doodhu, District Badmer.

¶284

Anil Kumar S/o Shri Rekha Ram, Aged About 21 Years, R/o- Bano Ki Beri, Doodhu, District Bamder.

¶285

Balwant Singh S/o Shri Jai Ram Choudhary, Aged About 31 Years, Resident Of 06 Residency Road, Near Polytechnical College, C/o Desai Brothers Ltd, Jodhpur.

¶286

Madan Gopal S/o Shri Ramu Ram, Aged About 22 Years, Resident Of Chimra, Duthwa, Chitalwana, District Jalore.

¶287

Ravindra Kuldeep S/o Shri Durga Ram, Aged About 26 Years, Resident Of Behind State Bank Dhorimanna, District Badmer.

¶288

Shanti D/o Shri Vasu Ram, Aged About 24 Years, Mando Ki Beri, Bhuniya, District Badmer.

¶289

Hanumana Ram S/o Shri Sona Ram, Aged About 32 Years, Resident Of Sonari, District Badmer.

(17 of 45)

----Petitioners

Versus

The State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Secretariat, Jaipur.

¶294

The Director, Medical And Health Services, Rajasthan, Tilak Marg, Swasthya Bhawan Jaipur (Raj.).

¶295

Rajasthan Para Medical Council, Jaipur, Through Registrar, C-7(A) Sultan House Sawai Jaisingh Highway Bani Park Jaipur - 302016.

¶296

Rajasthan Staff Selection Board Jaipur, Through Its Secretary, State Institute Of Agriculture Management Premises Durgapura- 3022016 Jaipur.

¶297

----Respondents

¶298

S.B. Civil Writ Petition No. 10323/2021

¶299

Bhajan Lal S/o Sanwata Ram, Aged About 27 Years, V. And P. Ranodar, Tehsil Chitalwana, District Jalore.

¶300

Bhajan Lal S/o Udaram, Aged About 26 Years, Harshwara Kuda, Raniwara, District Jalore.

¶301

Praveen Kumar S/o Subhash Chandra, Aged About 21 Years, Nayawas, Ranodar, Tehsil Chitalwana, District Jalore.

¶302

Anil Bishnoi S/o Dhanna Ram, Aged About 25 Years, D- 47, Shankar Nagar, Pal Road, Jodhpur.

¶303

Praveen S/o Ramlal, Aged About 25 Years, V. And P. Chitalwana, Tehsil Chitalwana, District Jalore.

¶304

Mangi Lal S/o Khangaram, Aged About 29 Years, 121, Pubupura, Barmer (Raj.).

¶305

----Petitioners

¶306

Versus

¶307

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶308

The Director (Admn.), Medical And Health Department, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶309

Rajasthan Para Medical Council, Through Its Registrar, Plot No.6-7, Everest Colony, Near Apex Mall, Tonk Road,

¶310

(18 of 45)

¶311

Jaipur.

¶312

Rajasthan Staff Selection Board Jaipur, Through Secretary, State Institute Of Agriculture Management Premises, Durgapura - 302 016 Jaipur.

¶313

----Respondents

¶314

S.B. Civil Writ Petition No. 10674/2021

¶315

Deepak Sahu S/o Sh. Hamir Ram Sahu, Aged About 21 Years, R/o Desuriya Vishnoiyan Mandore Jodhpur.

¶316

Aakash Sahu S/o Shyam Lal Sahu, Aged About 25 Years, R/o 96/97 Balram Nagar, Nandari Jodhpur.

¶317

Kuldeep Sahu S/o Sh. Om Prakash Sahu, Aged About 21 Years, R/o Desuriya Vishnoiyan Mandore, Jodhpur.

¶318

----Petitioners

¶319

Versus

¶320

State Of Rajasthan, Through Its Additional Chief Secretary, Medical And Health Services, Govt. Of Rajasthan Secretariat, Jaipur.

¶321

The Director (Non Gazetted), Medical And Health Services, Health Bhawan, Jaipur.

¶322

Rajasthan Sub-Ordinate And Ministerial Service Selection Board, Through Its Chairman Office At Rajasthan Agriculture Managing Institution Campus, Durgapura, Jaipur.

¶323

Rajasthan Para Medical Council, Through Its Registrar C-7 (A) Sultan House, Sjs Highway, Banipark Jaipur.

¶324

M.P. Para Medical Council, Through Its Registrar, 3Rd Floor, Platinum Palaza, Near Mata Mandir, Bhopal.

¶325

Sarvapalli Radha Krishanan University, Through Its Registrar Situated At Hoshangabad Road, Jaithkhedi Bhopal (M.p)

¶326

Swami Vivekanand University, Through Its Registrar, Situated At Nh-26 Narsinghpur Road, District Sagar Madhya Pradesh (India).

¶327

----Respondents

¶328

S.B. Civil Writ Petition No. 11031/2021

¶329

Suresh Prajapat S/o Shri Gigaram, Aged About 24 Years, By Caste Obc, Resident Of 20, Ganesh Nagar, Sangriya Fanta, Jodhpur, Rajasthan.

¶330

(19 of 45)

¶331

Madan Lal S/o Shri Shambhu Dayal Gurjar,, Aged About 29 Years, Resident Of Tehsil Neem Ka Thana, Ghata Guwar, Deepawas, Sikar, Rajasthan.

¶332

Kuldeep S/o Shri Ishwar Singh,, Aged About 24 Years, Resident Of 249, Daxin Ki Dhani, Naya Bas, Sikar, Rajasthan.

¶333

Ms Sharmila W/o Shri Rakesh D/o Shri Ram Singh,, Aged About 28 Years, Resident Of Torada Gujaran, Paota Jaipur.

¶334

----Petitioners

¶335

Versus

¶336

State Of Rajasthan, Through The Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶337

Director (Non-Gazette), Medical And Health Service, Health Bhawan, Jaipur.

¶338

The Rajasthan Para Medical Council, Plot No. 6-7, Everest Colony, Near Apex Mall, Tonk Road, Jaipur, Rajatshan.

¶339

The M.p. Para Medical Council Through Its Registrar, 3Rd Floor, Platinum Plaza, Near Mata Mandir, Bhopal (M.p.).

¶340

Sri Satya Sai University Of Technology And Medical Sciences, Through Its Registrar, Bhopal Indore Road Opposite Pachama Oil Feder4Ation Plant, Pachama Sechore, M.p. 466 001.

¶341

Sarvepalli Radhakrishnan University, Hoshangabad, Jat Kheri Bhopal M.p. Through Its Registrar.

¶342

Swami Vivekanand University, Makroniya, Sagar M.P. Through Its Registrar.

¶343

----Respondents

¶344

S.B. Civil Writ Petition No. 11065/2021

¶345

Nilofar D/o Shri Inayat Khan, Aged About 31 Years, By Caste Musalman, Resident Of Ward No. 1, Muslim Basti Todi College Ke Samne, Lachhmangarh, Sikar, Rajasthan.

¶346

Pradeep Singh Choudhary S/o Shri Heera Lal Choudhary, Aged About 24 Years, Resident Of Nangal Kalan, Jaipur, Rajasthan.

¶347

Daya Ram Gurjar S/o Shri Prabhu Dayal Gurjar, Aged About 23 Years, Resident Of Ward No. 7, Puthala, Bamanwash, Badoliya, Jaipur, Rajasthan.

¶348

Ratan Singh Nitharwal S/o Shri Kushal Singh Nitharwal,

¶349

(20 of 45)

¶350

Aged About 33 Years, Resident Of 94 Renwal Road Uttar, Chomu, Jaipur, Rajasthan.

¶351

Kavita Gurjar D/o Shri Lekha Ram Gurjar, Aged About 23 Years, Resident Of Ward No. 6, Jadoo Ka Bas, Chhitoli, Jaipur, Rajasthan.

¶352

----Petitioners

¶353

Versus

¶354

State Of Rajasthan, Through The Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶355

Director (Non-Gazette), Medical And Health Service, Health Bhawan, Jaipur, Rajasthan.

¶356

The Rajasthan Para Medical Council, Plot No. 6-7, Everest Colony, Near Apex Mall, Tonk Road, Jaipur, Rajasthan.

¶357

The M.p. Para Medical Council, Through Its Registrar, 3Rd Floor, Platinum Plaza, Near Mata Mandir, Bhopal (M.p.).

¶358

Sri Satya Sai University Of Technology And Medical Sciences, Through Its Registrar, Bhopal Indore Road Opposite Pachama Oil Federation Plant, Pachama Sehore, M.p. 466001.

¶359

Sarvepalli Radhakrishnan University, Hoshangabad, Jat Kheri Bhopal, M.p. Through Its Registrar.

¶360

Swami Vivekanand University, Makroniya, Sagar M.P. Through Its Registrar.

¶361

----Respondents

¶362

S.B. Civil Writ Petition No. 11304/2021

¶363

Dashrathpal Singh S/o Shri Pratap Singh, Aged About 21 Years, Resident Of Vpo Lorta Achlawata, Tehsil Sekhala, District Jodhpur.

¶364

Jitendra Kumar Sharma S/o Shri Ghanshyam Sharma, Aged About 23 Years, Resident Of Gram Post Kherajmalpura, District Karauli.

¶365

Kapil Vishnoi S/o Shri Shaitana Ram, Aged About 23 Years, Resident Of Village Post Hariyali, Tehsil Sanchore, District Jalore.

¶366

Mahendra Kumar S/o Shri Uttamchand Vishnoi, Aged About 25 Years, Resident Of Village Digaon, Tehsil Raniwada, District Jalore.

¶367

(21 of 45)

¶368

Nirma Bishnoi D/o Shri Bhaga Ram, Aged About 27 Years, Resident Of Jajiwal, Post Jajiwal Vishnoiyan, Jodhpur.

¶369

Santosh D/o Shri Hira Ram, Aged About 32 Years, Resident Of Artia Khurd Tehsil Bhopalgarh, District Jodhpur.

¶370

Rajendra Dhaka S/o Shri Naina Ram, Aged About 22 Years, Resident Of Village Daikada, Via Banar, District Jodhpur.

¶371

Anil Kumar S/o Shri Jai Kishan, Aged About 23 Years, Resident Of

¶372

Mahendra Bishnoi S/o Shri Bhagirath Bishnoi, Aged About 22 Years, Resident Of 569 Premdas Ji Ki Samdhi, Kabuli Ki Dhani, Gundau, District Jalore.

¶373

Sua Patel D/o Shri Kumpa Ram Patel, Aged About 33 Years, Resident Of Village Doli, District Jodhpur.

¶374

----Petitioners

¶375

Versus

¶376

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶377

Director (Adm.), Medical And Health Department, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶378

Rajasthan Para Medical Council, Through Its Registrar, C- 7A, Sultan House, Sawai Jai Singh Highway, Bani Park, Jaipur.

¶379

Rajasthan Staff Selection Board, Jaipur, Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura 302016 Jaipur.

¶380

----Respondents

¶381

S.B. Civil Writ Petition No. 11325/2021

¶382

Surendra Mahela S/o Shri Rameshwar, Aged About 24 Years, Resident Of Village Tangli Tehsil Jayal, District Nagaur.

¶383

Ram Pyari Vishnoi D/o Shri Kishna Ram, Aged About 30 Years, Resident Of Village Malwara, Parawa, Tehsil Chitalwana, District Jalore.

¶384

Rahul Gora S/o Shri Mani Ram Gora, Aged About 24 Years, Resident Of Gora Ka Mohalla, Deh, District Nagaur.

¶385

(22 of 45)

¶386

Naresh Sunda S/o Shri Vijay Raj, Aged About 32 Years, Resident Of Man Sarovar Colony, In Front Of Dps School, Jodhpur.

¶387

Dinesh Matwa S/o Shri Lakha Ram, Aged About 27 Years, Resident Of Matwon Ki Dhani, Shiv Road Gotan, District Nagaur.

¶388

Harish Kumar S/o Shri Babu Lal, Aged About 28 Years, Resident Of Nehru Colony Sanchore, District Jalore.

¶389

Mahendra S/o Shri Ghenwar Ram, Aged About 23 Years, Resident Of 255 Pabu Nagar, Chodha, Tehsil Pipar, District Jodhpur.

¶390

Suresh Jani S/o Shri Raghunatha Ram, Aged About 32 Years, Resident Of Village Chitalwana, District Jalore.

¶391

Bhaga Ram S/o Shri Purkha Ram, Aged About 28 Years, Resident Of Village Dolli, District Barmer.

¶392

Dinesh Kuamr S/o Shri Ganpat Ram Bishnoi, Aged About 37 Years, Resident Of Village Bhinmal, District Jalore.

¶393

Mahesh Kumar Yedav S/o Shri Suwa Lal Yadav, Aged About 24 Years, Resident Of Ved Ki Dhani, Piprali, District Sikar.

¶394

Sharvan Patel S/o Shri Bhura Ram, Aged About 28 Years, Resident Of Patlon Ka Bas, Tehsil Luni, District Jodhpur.

¶395

Jitendra Saini S/o Shri Sampat Raj, Aged About 24 Years, Resident Of Village Riya, Tehsil Pipar Shahar, District Jodhpur.

¶396

----Petitioners

¶397

Versus

¶398

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶399

Director (Adm.), Medical And Health Department, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶400

Rajasthan Para Medical Council, Through Its Registrar, C- 7A, Sultan House, Sawai Jai Singh Highway, Bani Park, Jaipur.

¶401

Rajasthan Staff Selection Board, Jaipur, Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura 302016 Jaipur.

¶402

(23 of 45)

¶403

----Respondents

¶404

S.B. Civil Writ Petition No. 11396/2021

¶405

Arvind Kumar S/o Shri Suresh Vishnoi, Aged About 25 Years, R/o Vishnu Nagar, Bawarla, Jalore.

¶406

Ajay Kumar Sharma S/o Shri Mahesh Chandra Sharma, Aged About 25 Years, R/o Bahrai, Ratipura, Karauli (Raj.) Presently R/o Sanchore, District Jalore.

¶407

Ajay Kumar Sharma S/o Shri Ramesh Chand Sharma, Aged About 23 Years, R/o New Colony, Masalpura, Karauli (Raj.) Presently R/o Suraj Pole, Pali Marwar.

¶408

Bhuvnesh Sharma S/o Shri Yogesh Sharma, Aged About 21 Years, R/o Village Bhood Khera, Post Rundhpura, Karauli (Raj.) Presently Suraj Pole, Pali Marwar (Raj.).

¶409

Akhlesh Sharma S/o Shri Rajesh Kumar Sharma, Aged About 22 Years, R/o Village Bhood Khera, Post Rundhpura, Karauli (Raj.) Presently R/o Suraj Pole, Pali Marwar (Raj.).

¶410

Dinesh Kumar S/o Shri Amba Ram, Aged About 22 Years, R/o Jelatra, Deora, Jalore (Raj.).

¶411

Gyan Prakash Gwala S/o Ummed Ram, Aged About 23 Years, R/o Sewaliyo-Ka-Bas, Village Samdolawkala, Post Bhanwal Jasnagar, District Nagaur.

¶412

Harman Gwala S/o Ummed Ram, Aged About 23 Years, R/o Sewaliyo-Ka-Bas, Village Samdolawkala, Post Bhanwal Jasnagar, District Nagaur.

¶413

Mahendra Kumar S/o Shri Chhoga Ram, Aged About 24 Years, R/o Pamana, Jalore.

¶414

Mohanpal Bishnoi S/o Shri Rooparam Bishnoi, Aged About 21 Years, Ranasar Khurd, Gudamalani, District Barmer.

¶415

Mahipal S/o Dungara Ram, Aged About 24 Years, R/o Koja, District Barmer.

¶416

Mahendra Kumar Vishnoi S/o Shri Hari Ram, Aged About 33 Years, R/o 434, Maliyon-Ka-Bas, Keriya, District Jalore (Raj.).

¶417

Kavita Meena D/o Shri Jairam Meena, Aged About 25 Years, R/o Ward No. 6, Pratap Nagar, Sawai Madhopur (Raj.) Presently R/o Near Polytechnic College, Bhagat-KiKothi, Jodhpur.

¶418

Shreeram S/o Shri Pancha Ram Bishnoi, Aged About 24

¶419

(24 of 45)

¶420

Years, R/o Village Goliya Garwa, Dhorimanna, District Barmer.

¶421

Ramchander S/o Mobata Ram, Aged About 31 Years, R/o Vishnu Colony, Jalipa Cantt, Barmer (Raj.).

¶422

Pancharam S/o Shri Joraram Bishnoi, Aged About 36 Years, R/o Jora Ram Bishnoi, R/o 194, Jhanwar Bas, Jamba-Ki-Dhani, Jamba, District Jodhpur (Raj.).

¶423

Utkarsh Sharma S/o Shri Shambhudayal Sharma, Aged About 25 Years, R/o Madan Mohan Ji-Ki-Gali, Ward No. 26, Karauli (Raj) Presently R/o Sanchore, District Jalore.

¶424

Dinesh Kumar Samota S/o Shri Sanwarmal Samota, Aged About 20 Years, R/o Chhota Guda, Jaipur (Raj) Presently R/o Jaitaran, District Pali Marwar (Raj.).

¶425

Pravin Kumar S/o Shri Narpat Ram, Aged About 27 Years, Sau, Daukiyon-Ki-Dhani, Jalore (Raj.).

¶426

Sunil Kumar S/o Sohan Lal, Aged About 29 Years, R/o Hanuman Nagar, Bhojasar, District Jodhpur.

¶427

Narendra S/o Babulal, Aged About 23 Years, R/o Village Palli, Tehsil Lohawat, District Jodhpur.

¶428

----Petitioners

¶429

Versus

¶430

State Of Rajasthan, Through Additional Chief Secretary, Department Of Medical And Health And Family Welfare, Government Of Rajasthan, Secretariat, Jaipur.

¶431

The Director (Adm.), Medical And Health Department, Government Of Rajasthan, Swastya Bhawan, Tilak Marg, C-Scheme, Jaipur.

¶432

Rajasthan Para Medical Council, Through Its Registrar, Plot No. 6-7, Everest Colony, Near Apex Mall, Tonk Road, Jaipur.

¶433

Rajasthan Staff Selection Board, Jaipur, Through Its Secretary, State Institute Of Agriculture Management Premises, Durgapura - 302016 Jaipur.

¶434

----Respondents

¶435

S.B. Civil Writ Petition No. 11447/2021

¶436

Ram Dayal S/o Ratna Ram, Aged About 24 Years, R/o Vpo Umarlai Jageer Tehsil Pachpadra District Barmer (Raj.).

¶437

Dharam Singh Meena S/o Patlya Meena, Aged About 23 Years, R/o Vpo Shyampura, District Sawai Madhopur.

¶438

(25 of 45)

¶439

Mohan Lal S/o Narayan Lal, Aged About 26 Years, R/o Vpo Barudi, Thesil Gudamalani, District Barmer.

¶440

Manju D/o Prema Ram, Aged About 22 Years, R/o Vpo Panchla Sidha, Tehsil Khinwsar, District Nagaur.

¶441

Rekha Choudhary D/o Devi Singh, Aged About 22 Years, R/o Vpo Nehro Ki Dhani, Tehsil Sindhari, District Barmer.

¶442

Sangeeta Bishnoi D/o Anopa Ram, Aged About 26 Years, R/o Vpo Moolraj Lohawat, Tehsil Falodi, District Jodhpur.

¶443

Divya Choudhary D/o Vijayraj Choudhary, Aged About 23 Years, R/o Vpo Railway Colony, District Barmer.

¶444

Seema D/o Kamlesh, Aged About 23 Years, R/o Vpo Khari, Tehsil Dhorimana, District Barmer.

¶445

Seema Gurjar D/o Laxminarayan Gurjar, Aged About 29 Years, R/o Vpo Sundaram Colony, Tehsil Sanganer, District Jaipur.

¶446

Rajni D/o Nortan Parjapati, Aged About 28 Years, R/o Vpo 1184, Pratap Nagar, Lohakhan, District Ajmer.

¶447

Maina D/o Bhagirath Ram, Aged About 23 Years, R/o Vpo Mulraj Lohawat, Tehsil Falodi, District Jodhpur.

¶448

----Petitioners

¶449

Versus

¶450

State Of Rajasthan, Through Secretary, Medical, Health And Family Welfare Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

¶451

The Director (Non-Gazetted), Medical And Health Services, Health Bhawan, Jaipur.

¶452

Rajasthan Staff Selection Board, Through Its Chairman, Office At Rajasthan State Agriculture Managing Institution Campus, Durgapura, Jaipur (Rajasthan).

¶453

Rajasthan Para Medical Council, Through Its Registrar C-7 (A), Sultan House, Sawai Jai Singh Highway, Banipark, Jaipur 302016.

¶454

M.P. Para Medical Council, Through Its Registrar 3Rd Floor, Platinum Plaza, Near Mata Mandir, Bhopal (M.P.).

¶455

Sarvepalli Radhakrishnan University, Through Its Registrar, Nh 12 Hoshangabad Road, Misrod District Bhopal Madhya Pradesh (India). 462026.

¶456

Sri Satya Sai University Of Technology And Medical Science, Through Its Registrar, Opp. Oilfield Plant Bhopal-

¶457

(26 of 45)

¶458

Indore Road, Pachama District Sehore (Madhya Pradesh) 466002.

¶459

----Respondents

¶460

S.B. Civil Writ Petition No. 15551/2021

¶461

Naresh Prajapat S/o Shri Mohan Lal Prajapat, Aged About 22 Years, Resident Of House No. 7, Phalsa Ke Pas, Village/post Sapooni, Tehsil And District Pali (Raj.).

¶462

Mahipal Singh S/o Shri Bhanwar Lal, Aged About 21 Years, Resident Of Vpo Uttar Vishnoiyon Ki Dhani, Kuri, Tehsil Pachpadra, District Barmer (Raj.).

¶463

Raghuvir S/o Shri Nihal Singh, Aged About 28 Years, Resident Of 7 M.s.r., Sardargadiya, Bhadra, District Hanumangarh (Raj.).

¶464

Naresh Kumar S/o Shri Vinja Ram, Aged About 24 Years, Resident Of Sujan Nagar, Chitalwana, Janvi, District Jalore (Raj.).

¶465

Priyanka D/o Shri Om Prakash, Aged About 22 Years, Resident Of Village Jajiwal Vishnoiyon, Post Jajiwal Kalan, Via Banar, Tehsil And District Jodhpur (Raj.).

¶466

Rahul Kumar S/o Shri Jagadish Bishnoi, Aged About 20 Years, Resident Of Vpo Rampura, Chitalwana, District Jalore (Raj.).

¶467

Sahi Ram Bishnoi S/o Shri Chokha Ram Bishnoi, Aged About 33 Years, Resident Of Village Lamba, Near Bus Stand, Tehsil Bilara, District Jodhpur (Raj.).

¶468

Kuldeep S/o Shri Kailash Ram Vishnoi, Aged About 23 Years, Resident Of Vpo Tilwasani, Naino Ka Bas, District Jodhpur (Raj.).

¶469

Shyama Ram S/o Shri Surja Ram, Aged About 34 Years, Resident Of Village Bablo Ki Dhani, Sangasani, Khejarli Kalan, District Jodhpur (Raj.).

¶470

Shyam Godara S/o Shri Maluka Ram, Aged About 38 Years, Resident Of Vpo Pu. Dhaniya, Chandra Nagar, ShriJambeshwar Nagar, Lohawat, Tehsil Phalodi, District Jodhpur (Raj.).

¶471

----Petitioners

¶472

Versus

¶473

State Of Rajasthan, Through Its Principal Secretary, Medical And Health Services, Government Of Rajasthan,

¶474

(27 of 45)

¶475

Secretariat, Jaipur (Raj.).

¶476

The Director (Non-Gazetted), Medical And Health Services, Health Bhawan, Jaipur.

¶477

Rajasthan Sub-Ordinate And Ministerial Service Selection Board, Through Its Chairman, Office At Rajasthan State Agriculture Managing Institution Campus, Durgapura, Jaipur (Rajasthan).

¶478

Rajasthan Para Medical Council, Through Its Registrar, C- 7(A), Sultan House, Sjs Highway, Banipark, Jaipur302016.

¶479

M.p. Para Medical Council, Through Its Registrar, Third Floor, Platinum Plaza, Mata Mandir Road, Bhopal (Madhya Pradesh).

¶480

Rabindranath Tagore University (Erstwhile AISECT University), Through Its Registrar, Village Mendua, Bhopal-Chiklod Road, Tehsil Goharganj, District Raisen, Madhya Pradesh (India).

¶481

----Respondents

¶482

For Petitioner(s)	: Mr. Manoj Bhandari, Sr. Advocate assisted by Mr. Mohit Choudhary. Mr. Vigyan Shah with Mr. Akshit Gupta. Mr. Yashpal Khileree. Mr. Pramendra Bohra. Mr. H.R. Bishnoi. Mr. Vivek Firoda. Mr. Jagdish Vishnoi. Mr. Rakesh Gehlot for Mr. Nishant Bora. Mr. A.K. Choudhary.
	Mr. Mahaveer Bishnoi]in CW Nos.7528/21
	Dr. Nikhil Dungawat ]8141/21 & 9997/21
For Respondent(s)	: Mr. Bhavit Sharma with Mr. Himanshu Sharma. Mr. K.S. Rajpurohit, AAG with Mr. Shreyansh Mehta. Mr. Vinit Sanadhya with Ms. Shalini.
	Mr. Manvendra Singh Bhati. Mr. Deepak Nehra. Mr. Manish Patel.
	Mr. K.S. Solanki.

¶483

(28 of 45)

¶484

HON'BLE MR. JUSTICE ARUN BHANSALI

¶485

Order

¶486

17/11/2022

¶487

These writ petitions have been filed in relation to recruitment on the post of Lab Technician & Assistant Radiographer pursuant to the advertisement dated 12/6/2020 initiated by the Rajasthan Staff Selection Board (‘the Board’).

¶488

The petitions, other than CWP Nos. 7528/2021, 8141/2021 and 9997/2021, have been filed by the candidates aggrieved of the action of the Rajasthan Para Medical Council (‘the RPMC’) in passing orders dated 23/6/2021 and 24/7/2021, whereby, the registration of the petitioners with the RPMC has been temporarily withdrawn and permanently cancelled, respectively.

¶489

CW Nos. 7528/2021, 8141/2021 and 9997/2021 have been filed by other candidates against inclusion of names of the petitioners in the list of successful candidates at the recruitment and seeking cancellation of their candidature at the recruitment.

¶490

As all the petitions arise out of the same subject matter, the same have been heard and are being decided together. The facts of CW No. 9985/2021 are being indicated illustratively.

¶491

It is inter alia indicated in the petition that Dr. Sarvepalli Radhakrishnan University is recognized by the Govt. of Madhya Pradesh, M.P. Para Medical Council, Central Government as well as UGC. It is claimed that the petitioners passed the two years diploma in Medical Laboratory Technician (DMLT) / two years diploma in X-ray Radiographer Technician (DRT).

¶492

(29 of 45)

¶493

The Board issued an advertisement dated 12/6/2020

¶494

(Annex.3) for recruitment on the post of Lab Technician and Assistant Radiographer. The requisite qualification inter alia required diploma in Medical Laboratory Technician from an institute recognized by the State Government/Central Government/Rajasthan Para Medical Council and registration with the RPMC / diploma in Radiography from an institute recognized by the State Government/Central Government/Rajasthan Para Medical Council and registration with the RPMC. In the note appended to the requisite qualification, it was indicated that in case till the last date of filing application the candidate is not registered with the RPMC, at least the candidate must have applied for registration with the RPMC and at time of document verification, the registration certificate must be produced. The last date of filing application, which was 2/7/2020 was extended to 30/7/2020.

¶495

The petitioners applied for registration with the RPMC. Most of the petitioners applied on 30/7/2020 and they were issued registration certificates by the RPMC. Whereafter, it is claimed that suddenly by order dated 23/6/2021, the registration certificates of the petitioners were temporarily withdrawn vide Annex.8 inter alia indicating that in terms of the decision taken in the meeting of RPMC dated 18/6/2021 the registration certificates were temporary withdrawn and that same would be permanently cancelled after inquiry.

¶496

It is inter alia indicated in the petition that on 23/6/2021 (Annex.9), the RPMC wrote a letter to the Registrar, M.P. Para Medical Council inter alia requiring them to make inquiries in

¶497

(30 of 45)

¶498

relation to four institutions indicating the defects which were found during the course of inquiry held by them. The M.P. Para Medical Council sought time for collection of documents vide its communication dated 28/6/2021. However, on 24/7/2021 by an office order (Annex.10) indicating that in pursuance of the meeting of the RPMC dated 24/7/2021, based on the Inquiry Committee report, correspondence with the M.P. Para Medical Council, physical inquiry, legal opinion and going through the documents of registered applicants and after hearing held on 23/7/2021, on finding serious discrepancies, the registrations made by the RPMC of the candidates from the four Institutions, which were temporarily withdrawn on 23/6/2021 are permanently cancelled. Feeling aggrieved, the present writ petitions have been filed.

¶499

It may be noticed that while the writ petition no. 9985/2021 pertains to the candidates, who have obtained qualification from Dr. Sarvepalli Radhakrishnan University, Bhopal, three other institutions i.e. Sri Satya Sai University of Tehnology & Medical Sciences, Swami Vivekananda University, Sagar and AISECT University Institute of Para Medical Science, Raisen are also involved.

¶500

The petitioners have, thereafter, by way of additional affidavit filed a communication dated 13/9/2021 (Annex.18) sent by M.P. Para Medical Council, inter alia annexing the list of candidates whose admissions by the institutions have been cancelled and consequently their registration was also cancelled by the M.P. Para Medical Council. Qua Swami Vivekanand University, further time was sought and, thereafter, on

¶501

(31 of 45)

¶502

21/10/2021 (Annex.19) it was indicated that registration of 19 candidates indicated therein have been maintained and rest of the registrations have been cancelled.

¶503

Learned counsel for the petitioners made submissions that action of the respondent RPMC in cancelling the registration is ex facie illegal. Submissions have been made that petitioners have obtained diploma from recognized institutions and on making applications they were registered by the RPMC. However, in violation of principles of natural justice, earlier their registration were temporarily withdrawn and, thereafter, the same have been cancelled.

¶504

Submissions have been made that the basis indicated in the order dated 24/7/2021 is inquiry conducted by the respondents, wherein, the petitioner were not involved, at no stage any opportunity of hearing was afforded to the petitioners and in fact an empty formality was done by issuing notices on 17/7/2021, which were cryptic in nature and when on 23/7/2021 the petitioners appeared and sought material in this regard, nothing was provided and on the next day i.e. 24/7/2021 cancellation took place.

¶505

Submissions have been made that cancellation have been effected en masse and there is no specific decision pertaining to any of the petitioners in this regard. The jurisdictional Para Medical Council i.e. M.P. Para Medical Council has taken decision and communicated the same vide its letters dated 13/9/2021 and 21/10/2021, wherein, nothing has been found against the petitioners and, therefore, action of the respondent RPMC deserves to be quashed and set aside.

¶506

(32 of 45)

¶507

Submissions have been made that action of the respondents

¶508

in cancelling the registration en bloc without making any effort to weed out those who are not eligible is ex facie illegal.

¶509

Reliance has been placed on Union of India & Ors. Vs. Rajesh P.U. & Anr. : (2003) 7 SCC 285, Sachin Kumar & Ors. Vs. Delhi Subordinate Service Selection Board (DSSSB) & Ors. : (2021) 4 SCC 631 .

¶510

Submissions were also made that as in the case of Dr. Sarvepalli Radhakrishnan University degree has been granted by the University, the RPMC cannot refuse to recognize the same. Reliance has been placed on Dr. B.L.Aswa vs. State of Rajasthan & Ors. : AIR 1982 SC 933 .

¶511

Learned counsel for the RPMC vehemently opposed the submissions. It was submitted that the petitioners have remedy of filing appeal before the RPMC and in any case before the State Government under Section 26 of the Rajasthan Para Medical Council Act, 2008 ('the Act') and as such, on account of availability of alternative remedy, the petitions deserve dismissal.

¶512

Submissions have been made that the petitioners have done their diploma course from the year 2013-14 to 2020-2021 but none of them got themselves registered with the M.P.Para Medical Council prior to making application for registration before the RPMC. Submissions have been made that on account of the provision in the advertisement dated 12/6/2020 providing for the eligibility of the candidates, who have applied with the RPMC before the last date, which was 30/7/2020, there was flood of applications received by the RPMC and several candidates, who had done their diploma from outside the State applied. While the

¶513

(33 of 45)

¶514

applications for registration were pending before the RPMC, a complaint was filed by one Bharat Beniwal (Annex.R/1) pointing out that there were several discrepancies in the certificates which were submitted by the candidates for obtaining registration and as such, it was decided by the RPMC to conduct investigation and a committee was constituted. The Committee after thorough investigation with regard to the documents submitted by the candidates along with their applications, submitted its report on 15/6/2021 (Annex.R/3) pointing out that the candidates, who have been registered after 30/7/2020 from the four Institutions of Madhya Pradesh be excluded from the recruitment 2020, their registration with the RPMC be cancelled and registration from such institutions of Madhya Pradesh be stopped in future. In the detailed inquiry report, various instances were given regarding wrong doing on part of the institutions in according admission/issuing diploma to the candidates.

¶515

It is submitted that pursuant to the report, vide order dated 23/6/2021 all the registration certificates were temporarily withdrawn. Whereafter, a team headed by the Registrar, Rajasthan Para Medical Council also personally visited Madhya Pradesh and contacted M.P. Para Medical Council and handed over the entire record and sought inquiry.

¶516

Submissions were made by the RPMC accusing the M.P. Para Medical Council being in hand in glove with the institutions and it has been alleged that in a very slipshod manner the colleges were permitted to fulfill lacunae, regarding which on receiving information the RPMC warned the Registrar, M.P. Para Medical Council in this regard.

¶517

(34 of 45)

¶518

Submissions have been made that notices were issued to the candidates on 17/7/2021 pointing out the defects which were found in the forms and they were called upon to bring the original documents for physical verification, wherein, out of 416 students only few students appeared and they were not able to satisfy the requirement of the Act of 2008, based on which the order dated 24/7/2021 was passed to cancel the registration issued to the students, who have done their diploma from the four institutions.

¶519

Further submissions have been made that from the reports which have been sent by the M.P. Para Medical Council dated 13/9/2021 and 21/10/2021 (Annex.18 and Annex.19) produced by the petitioners, the wrong doing on part of the institutions is writ large and, therefore, the action of the RPMC cannot be faulted. It was sought to be emphasized that based on the registration, the petitioners have been made eligible for recruitment on the post of Lab Technician and Assistant Radiographer and in case the candidates like the petitioners are permitted to participate in the recruitment, on getting selected they would be dealing with the lives of unsuspecting patients and, therefore, on that count also the petitions deserve to be dismissed.

¶520

Learned counsel appearing for the petitioners in CW Nos. 7528/2021, 8141/2021 and 9997/2021 supported the submissions made by counsel for the RPMC.

¶521

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

¶522

The facts which emerge from the record are undisputed, wherein, on account of stipulation in the advertisement dated

¶523

(35 of 45)

¶524

12/6/2020 (Annex.3) requiring at least application for registration with the RPMC on the last date of filing application, the petitioners, who hitherto had not cared to apply to the RPMC, rushed to seek registration with the RPMC. The registration was accorded to them making them eligible for recruitment pursuant to the advertisement.

¶525

Apparently, certain candidates/the national President of All India Medical Students Association (United) made complaints regarding the eligibility of the petitioners to get registration with the RPMC, based on which the RPMC formed a committee for investigation. The committee gave its detailed report running into 21 pages inter alia pointed out discrepancies in various applications and made recommendations, which inter alia read as under:

¶526

1- lansg ds vk/kkj ij fnukad 30-07-2020 ds ckn iathd`r vU; jkT;ksa esa ls e/;izns'k dh mDr pkj ;wfuoflZVh ds vH;fFkZ;ksa iSjkesfMdy HkÙkhZ 2020 ls vfr'kh?kz vyx fd;k tk;saA

¶527

2- bu pkj fo'ofo|ky; ds iath;uksa dks rqjUr izHkko ls lansg o budh vfu;ferrkvksa ds vk/kkj ij jktLFkku iSjkesfMdy dkSafly ds fu;e@fofu;eksa ds vuwlkj jn fd;k tk;saA

¶528

3- Hkfo"; esa bl izdkj dh iqujko`fÙk u gks bl gsrq fuEu pkjksa e/;izns'k dh futh fo'ofo|ky;ksa ij iath;u dh jksd yxkuh pkfg;sA**

¶529

A perusal of the report produced as Annex.R/3/4 reveals that though several discrepancies pointed out are glaring in nature, however, this is also a fact that at no stage the committee involved the candidates, whose registration were at stake.

¶530

Based on the inquiry report dated 15/6/2021, the RPMC held its meeting on 18/6/2021 and took the following decision:

¶531

(36 of 45)

¶532

"Ø-la-	,ts.Mk	fu.kZ;
1	iSjkesfMdy HkrhZ 2020 esa ckgjh jkT;ksa ls fMIyksek fMxzh/kkjh vH;fFkZ;ksa }kjk jktLFkku iSjkesfMdy dkSafly] t;iqj esa iath;u gsrq izLrqr nLrkostksa dh tkWp fjiksVZ is'k dh tkus ckcr~A	tkWp desVh }kjk izLrqr fjiksVZ dks fnukad 18-06-2020 dks dkSafly dh vke lHkk dh cSBd esa izLrqr dh xbZ ftlesa dkSafly }kjk loZlEefr ls ;g fu.kZ; fy;k x;k fd mDr lHkh vfu;ferrkvksa dh foLr`r Lrj ij tkWp ¼e/;izns'k lg~&fpfdRlk ifj"kn Hkksiky½ vko';d gS ftlds varxZr leLr vH;fFkZ;ksa ds nLrkostksa o iSjkesfMdy dkslZ ds v/;;u lacaf/kr nLrkostksa dk HkkSfrd lR;kiu fd;k tkdj tkWp gksus rd eq[;r% e/;izns'k jkT; ds bu 4 futh fo'ofo
		mDr laLFkkvksa ds vH;fFkZ;ksa ds nLrkostksa dk HkkSfrd lR;kiu e/;izns'k lg~&fpfdRlk ifj"kn Hkksiky tkdj djus gsrq ,d lfefr dk xBu djus dk fu.kZ; fy;k x;kA"

¶533

A perusal of the above decision reveals that the RPMC took a decision based on the report that a detailed inquiry was required for which, the documents of all the candidates and documents pertaining to their study of para medical course were required to be physically verified and the registration was ordered to be temporarily withdrawn and a committee was ordered to be constituted for visiting Bhopal in this regard.

¶534

The communication dated 23/6/2021 was sent to the M.P. Para Medical Council (Annex.R/6) pointing out the defects found

¶535

(37 of 45)

¶536

by the committee and inter alia observing and requesting as under:

¶537

“,slh voLFkk esa mDr laLFkkuksa }kjk tkjh fMIyksek@fMxzh o 'kS{kf.kd ;ksX;rk ds nLrkostksa dk HkkSfrd lR;kiu vkids dk;kZy; Lrj ij gh fd;k tk ldrk gSA jktLFkku iSjkesfMdy dkSafly] t;iqj mDr laLFkkuksa ds fo:) vlaxr nLrkostksa ds vk/kkj ij O;olkf;d fMIyksek@fMxzh tkjh djus ds QyLo:i vko';d dk;Zokgh vey esa ykus dk fopkj dj jgh gSA

¶538

vr% vkils vkxzg gS fd mDr laLFkkuksa }kjk layXu lwph esa of.kZr vH;fFkZ;ksa ds nLrkostksa dh xgu tkWp dj nks"kh ik;s tkus ij buds fo:) vko';d dkuwuh dk;Zokgh dj dh xbZ dk;Zokgh ls bl dkSafly dks voxr djkus dk Je djsaA layXu %& 1- vH;fFkZ;ksa dh lwphA"

¶539

From the above communication it is apparent that the RPMC was well aware of the fact that the diploma issued by the institutions and the documents could only be physically verified by M.P. Para Medical Council and as such, it required the said Council to do the needful. The committee also visited Bhopal and also held discussions with the authorities of M.P. Para Medical Council. The M.P. Para Medical Council based on the communication received from the RPMC informed the institutions to hold inquiry and inform the M.P.Para Medical Council.

¶540

The RPMC on receiving information about certain wrong doing even during the course of investigation, again informed the M.P. Para Medical Council in this regard and when admittedly nothing was received from M.P. Para Medical Council, issued notices to the candidates dated 17/7/2021.

¶541

The notices, which were issued to the candidates contain ominous indications, which read as under:

¶542

“fo"k; %& uksfVl ckcr~ jktLFkku iSjkesfMdy dkSafly esa xyr rF;ksa ds vk/kkj ij iath;u djkus ds Øe esaA mijksDr fo"k;kUrxZr ys[k gS fd vkids }kjk jktLFkku iSjk esfMdy dkSafly esa iath;u gsrq vkosnu fd;k x;k Fkk] ftlds vk/kkj

¶543

(38 of 45)

¶544

ij vkidk iath;u fd;k x;k fdUrq nLrkostksa dh tkap desVh }kjk dh xbZ] ftlds nkSjku vki }kjk izLrqr nLrkostksa esa dbZ izdkj dh dfe;ka ikbZ xbZ%&

¶545

tSls izf'k{k.k vof/k esa nks LFkkuksa ij ukekadu] izf'k{k.k vof/k ds nkSjku vU;= lsokjr gksuk] izf'k{k.k esa izos'k gsrq fu/kkZfjr vk;q ls de vk;q ds ckotwn izos'k ysuk rFkk e/; izns'k lg~ fpfdRlk ifj"kn~] Hkksiky ds fu;eksa ds foifjr 12oha d{kk esa xf.kr fo"k; ds ckotwn izos'k ysuk vkfnA

¶546

vr% vki fnukad 23-07-2021 dks izf'k{k.k ds fy, izos'k gsrq laLFkk esa tek djk;s x;s nLrkost rFkk jktLFkku iSjkesfMdy dkSafly esa iath;u gsrq vkosnu i= ds lkFk tek djok;s x;s nLrkostksa ds ewy nLrkost ysdj v/kksgLrk{kjdrkZ ds le{k mifLFkr gksosa vU;Fkk ,d i{kh; fu.kZ; ysrs gq, vkidk iath;u rRdky izHkko ls fujLr dj fn;k tk;sxkA

¶547

A perusal of the above notices would indicate that all the candidates were given a general notice pointing out the four defects pointed out by the committee and calling upon them to respond. It appears that certain candidates appeared before the RPMC on 23/7/2021 and on 24/7/2021 the following office order (Annex.R/4) was passed:

¶548

jktLFkku iSjkesfMdy dkSafly] t;iqj esa vk;ksftr vke cSBd fnukad 24-07-2021 esa fy;s x;s fu.kZ; dh vuqikyuk esa tkWp desVh fjiksVZ] e/; izns'k lg~&fpfdRlk ifj"kn~ Hkksiky ds lkFk fd;s x;s i=kpkj ,oa HkkSfrd tkWp] fof/kd jk; rFkk leLr] iathd`r vH;fFkZ;ksa ds nLrkostksa ds voyksdu ,oa fnukad 23-07-2021 dks lquokbZ ds mijkUr ikbZ xbZ xaEHkhj vfu;ferrkvksa ds vk/kkj ij layXu lwph e/;izns'k jkT; ds 4 futh fo'ofo|ky; fuEu of.kZrkuqlkj %&

¶549

Jh lR; lkbZ ;wfuoflZVh vkWQ VSDuksyksth ,.M esfMdy lkbUl] flgksj ¼e/;izns'k½]

¶550

MkW- loZiYyh jk/kkd`".ku ;wfuoflZVh gks'kaxkcknjksM Hkksiky ¼e/;izns'k½

¶551

Lokeh foosdkuUn fo'ofo|ky; lkxj ¼e/;izns'k½

¶552

vkbZlsDV ;wfuoflZVh baLVhV~;wV vkWQ iSjkesfMdy lkbUl jk;lsu ¼e/;izns'k½

¶553

mijksDrkuqlkj futh fo'ofo|ky; ls fMIyksek@fMxzh/kkjh vH;fFkZ;ksa ds iath;u tks fd dkSafly ds iwoZ vkns'k Øekad 654 fnukad 23-06-2021 ds }kjk vLFkkbZ :i ls izR;kgkfjr fd;s x;s Fks dks rqjUr izHkko ls LFkkbZ :i ls fujLr fd;s tkrs gSA"

¶554

A perusal of the above impugned order reveals that reference has been made to the meeting dated 24/7/2021 of the

¶555

(39 of 45)

¶556

RPMC, inquiry report, correspondence with the M.P. Para Medical Council, physical inquiry, legal opinion and personal hearing based on which the registrations have been cancelled, as a result of which, the petitioners have been rendered ineligible for recruitment pursuant to the advertisement dated 12/6/2020.

¶557

The entire sequence of events, as noticed hereinbefore, clearly reflects that there has been a gross violation of principles of natural justice on part of the RPMC. The action has been taken based on the inquiry report submitted to it by the committee formed by it. The committee at no stage involved the petitionercandidates. The committee though gave few instances pointing out glaring discrepancies, even candidates regarding whom the discrepancies were pointed out were not confronted with the said discrepancies even when the notices were issued to them on 17/7/2021. As noticed, ominous notices have been issued to all the candidates without pointing out as to what specific deficiency the candidate was required to meet, which nature of show cause notice cannot be sustained, as for a proper opportunity of hearing, a candidate must know specific allegations against him so as to be in a position to respond to the same. The ominous allegations could not have been responded by the candidates and, therefore, the candidates being handicapped in this regard, could not be expected to give answers and/or produce material in support of their eligibility and, therefore, the nature of show cause notice issued and purported opportunity granted to the petitioners cannot be sustained.

¶558

(40 of 45)

¶559

Hon'ble Supreme Court in Susme Builders (P) Ltd. vs. Slum Rehabilitation Authority & Ors. : (2018) 2 SCC 230 has inter alia observed as under:

¶560

"When a notice is issued to a party it must be clearly told what are the allegations which it must meet. The notice should be clear and unambiguous."

¶561

The inquiry report obviously was not supplied to the petitioners and in any case the same does not indicate defects for each and every candidate for whom the cancellation has taken place and, therefore, the violation of principles of natural justice is writ large.

¶562

There is substance in the submission made by leaned counsel for the petitioners that based on few instances indicated in the inquiry report, the respondent RPMC could not have cancelled the registrations en bloc/en masse.

¶563

The Hon’ble Supreme Court in the case of Rajesh P.U. (supra) inter alia came to the following conclusion:

¶564

".....Applying a unilaterally rigid and arbitrary standard to cancel the entirety of the selections despite the firm and positive information that except 31 of such selected candidates, no infirmity could be found with reference to others, is nothing but total disregard of relevancies and allowing to be carried away of irrelevancies, giving a complete go-by to contextual considerations throwing to the winds the principle of proportionality in going farther than what was strictly and reasonably to meet the situation. In short, the competent authority completely misdirected itself in taking such an extreme and unreasonable decision of cancelling the entire selections, wholly unwarranted and unnecessary even on the factual situation found too, and totally in excess of the nature and gravity of what was at stake, thereby virtually rendering such decision to be irrational."

¶565

Further in the case of Sachin Kumar (supra), the Hon’ble Supreme Court has reiterated the principles laid down in the case of Rajesh P.U. (supra). As such, merely based on few instances the

¶566

(41 of 45)

¶567

respondent RPMC could not have cancelled the registration en bloc.

¶568

It is important to note that the RPMC had not produced the minutes of meeting dated 24/7/2021, which resulted in passing of the order dated 24/7/2021 cancelling the registrations. However, under the directions of the Court, minutes of the meeting have been produced, the relevant minutes inter alia read as under:

¶569

"Ø la-	,ts.Mk	fu.kZ;
1	jktLFkku iSjkesfMdy dkSafly dh	mDr izdj.k dh dkSafly ds
	cSBd fnukad 18-06-2021 ds fcUnq la[;k 01 ds vuqlkj ¼tkWp desVh }kjk izLrqr fjiksVZ dks fnukad 18-06-2020 dks dkSafly dh vke lHkk dh cSBd esa izLrqr dh xbZ ftlesa dkSafly }kjk loZlEefr ls ;g fu.kZ; fy;k x;k fd mDr lHkh vfu;ferrkvksa dh foLr`r Lrj ij tkWp ¼e/;izns'k lg~&fpfdRlk ifj"kn Hkksiky½ vko';d gS ftlds varxZr leLr vH;fFkZ;ksa ds nLrkostksa o iSjkesfMdy dkslZ ds v/;;u lacaf/kr nLrkostksa dk HkkSfrd lR;kiu fd;k tkdj tkWp gksus rd eq[;r% e/;izns'k jkT; ds bu 4 futh fo'ofo	ky; 1- Jh lR; lkbZ ;wfuoflZVh vkWQ VSDuksyksth ,.M esfMdy lkbUl] flgksj ¼e/;izns'k½] 2- MkW- loZiYyh jk/kkd`".ku ;wfuoflZVh gks'kaxkcknjskM Hkksiky] ¼e/;izns'k½ 3- Lokeh foosdkuUn fo'ofo
	lkxj] ¼e/;izns'k½ ,oa 4- vkbZlsDV ;wfuoflZVh baLVhV~;wV vkWQ iSjkesfMdy lkbUl
	jk;lsu] ¼e/;izns'k½ ls fMIyksek@fMxzh/kkjh vH;fFkZ;ksa ds
	iath;u dks jktLFkku
	iSjkesfMdy dkSafly ls
	vLFkkbZ :i ls izR;kgkfjr djus
	dk fu.kZ; fy;k x;k Fkk lkFk gh mDr laLFkkvksa ds vH;fFkZ;ksa ds nLrkostksa dk HkkSfrd
	lR;kiu e/;izns'k lg~&fpfdRlk ifj"kn Hkksiky tkdj djus
	gsrq ,d lfefr dk xBu djus
	dk fu.kZ; fy;k x;k Fkk½ bl

¶570

(42 of 45)

¶571

lEcU/k esa mDr laLFkkuksa ds iath;u dks LFkk;h :i ls fujLr djus ij gsrq ppkZA

¶572

A perusal of the decision, which has been taken on the agenda item pertaining to cancellation of registration, reveals that the RPMC decided to take legal opinion from the counsel and, if required, to take action against the candidates/employees involved, in accordance with law. Apparently, the decision to cancel the registration was not taken by the RPMC and even if the decision as taken, is implemented, the same was to take legal opinion and once the legal opinion was taken, the same should have been placed before the RPMC and, thereafter, a specific decision in this regard was required to be taken. No decision by the RPMC to cancel the registration is available on record.

¶573

The requirement of the decision by the RPMC in this regard cannot be overemphasized as it is the RPMC which had taken the decision to temporarily withdraw the registration in its meeting dated 18/6/2021. When temporary withdrawal of registration required decision by the RPMC, it cannot be said/expected that cancellation would not require a decision by the RPMC and, therefore, apparently in absence of decision of the RPMC to cancel the registration, the cancellation of registration on that count also cannot be sustained.

¶574

In view of the fact that this Court has come to the conclusion that the orders impugned have been passed in gross violation of principles of natural justice, the plea sought to be raised by the respondents of availability of alternative remedy to the petitioners

¶575

(43 of 45)

¶576

against the orders cancelling their registrations cannot be accepted.

¶577

However, despite the fact that the action of the respondent RPMC has been found in gross violation of principles of natural justice and there being no decision by the RPMC for cancellation of registration of the petitioners, looking to the fact that the committee has pointed out glaring discrepancies in the diplomas obtained by several of the candidates and all the institutions themselves vide communication sent by M.P.Para Medical Council dated 13/9/2021 and 21/10/2021 (Annex.18 & Annex.19) have found large number of students ineligible for grant of diploma and the fact that ultimately the petitioners would be dealing with the unsuspecting patients, whose lives would be dependent on the investigation conducted by the petitioners, who are seeking recruitment on the post of Lab Technician and Assistant Radiographer, the RPMC is required to be afforded an opportunity to comply with the requirements of principles of natural justice as well as adopt proper proceedings i.e. decision by the RPMC in case any action is required to be taken against the candidates.

¶578

As per the reports submitted by the institutions, several of the petitioners in the present petitions have been found ineligible by the said institutions and M.P. Para Medical Council and their admissions itself have been cancelled by the institutions, they are not entitled to any relief qua the cancellation made, however, for lack of specific information in this regard, though the order was passed by this Court, no specific order qua such petitioners is being passed.

¶579

(44 of 45)

¶580

So far as CW Nos.7528/2021, 8141/2021 and 9997/2021 are

¶581

concerned, as the RPMC itself is of the view that the candidates from the four institutions were not entitled to participate in the recruitment and their registration has been cancelled, no separate order need be passed in the petitions filed by the petitioners in the said writ petitions.

¶582

However, as the impugned orders have been found to be unsustainable and the matters are being remanded back to the RPMC to take appropriate action in accordance with law, the petitioners in the above 03 petitions may make representations to the RPMC pointing out the material/make submissions with regard to the candidature of the petitioners in other writ petitions and it is expected of the RPMC to keep the same in view while taking decision qua the petitioners in other writ petitions.

¶583

Consequently, except for CW Nos.7528/2021, 8141/2021 and 9997/2021, the writ petitions are allowed. The order dated 24/7/2021 passed by the respondent RPMC cancelling the registration of the petitioners is quashed and set aside. The matters are remanded back to the RPMC, who is directed to issue fresh specific notices to the petitioners pointing out to each individual candidate the deficiency / ineligibility / disqualification with regard to their diploma/registration. On notices being issued, the petitioners shall respond to said notice within a period of two weeks, which date shall be fixed by the RPMC in the notice and after affording opportunity of hearing to the candidates, the RPMC would pass fresh orders in accordance with law.

¶584

It is made clear that till such time the decision in each individual case is taken by the RPMC, none of the candidates shall

¶585

(45 of 45)

¶586

be treated as eligible for the purpose of recruitment only on account of the fact that the order dated 24/7/2021 has been quashed by this Court and only after RPMC record specific finding about the registration of the petitioners being valid, they would be treated as eligible by the respondent Board.

¶587

It is further directed that till such time the inquiry is completed by the RPMC, the respondents shall keep the posts of selected candidates vacant. The RPMC is directed to complete the entire exercise within a period of four months from the date of this order.

¶588

Writ Petition Nos. 7528/2021, 8141/2021 and 9997/2021 are disposed of in terms of the observations made hereinbefore.

¶589

(ARUN BHANSALI),J

¶590

baweja/-

Pooja v. State of Rajasthan

Case brief

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Pooja v. State of Rajasthan

Case brief

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