Quashed

Dr. Mona Sood v. State of Rajasthan

Rajasthan HC21 Nov 2023WMAP/24/2022

Case brief

AI extract

What is this about?

This Court recalled an order dated 13.01.2022 passed in a writ petition that relied on a specific statement. The recall was granted after the respondents clarified that the respondent government servant was employed via promotion, not the advertisement specified in the earlier order.

What did the court decide?

The order dated 13.01.2022 in S.B. Civil Writ Petition No.16725/2021 was recalled.

Dr. Mona Sood Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:39960]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Writ Misc Application No. 24/2022

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Dr. Mona Sood W/o Dr. Rajan Dhingra, Aged About 42 Years, Resident Of C-Block, Saheli Nagar, Udaipur (Raj.) Mobile Number 7300091132.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Department Of Medical Education (Group-1), Secretariat, Jaipur.

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Joint Secretary, Department Of Medical Education (Group1), Secretariat, Jaipur.

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Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

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Rnt Medical College, Udaipur Through Its Principal And Controller.

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----Respondents

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For Petitioner(s) : Mr. Yashpal Khileree For Respondent(s) : Mr. Kailash Choudhary for Mr. Manish Vyas, AAG

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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21/11/2023

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This misc. application has been filed seeking recalling of the order dated 13.01.2022 passed by this Court in S.B. Civil Writ Petition No.16725/2021.

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At the threshold, the bone of contention in the recalling application is the following stand taken by the State in the S.B. Civil Writ Petition No.16725/2021 decided on 13.01.2022:

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“Mr. Manish Vyas, learned Additional Advocate General makes a statement that Mr. Hardeva Ram Nehra has

(2 of 3)

[2023:RJ-JD:39960]

[WMAP-24/2022]

actually joined on the post of Assistant Professor (Super Specialty) in Endocrinology in pursuance of the advertisement dated 17.01.2020 and thus, reserve-list does not require to be operated.”

¶23

It was because of such statement made by learned Additional Advocate General, the aforesaid order was passed.

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Mr. Kailash Choudhary, learned assisting counsel to Mr. Manish Vyas, AAG has drawn the attention of this Court towards Page 68 of the writ petition, which is an order sheet of Department of Medical Education, and particularly, paragraph 76 of such order sheet, which was the basis of learned Additional Advocate General making such statement. The paragraph 76 of the order-sheet reads as follows:

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“ izdj.k 1%& di;k fopkjk/khu i= dk i”B 667&668@lh ij voyksdu djsaA iz/kkukpk;Z ,oa fu;a=d] esfMdy dkWyst] mn;iqj us MkW eksuk lwn] lgk;d vkpk;Z] ,.MksØk;uksyksth ¼;wVhch½ ls izkIr i= bl foHkkx dks izsf”kr djrs gq, lgk;d vkpk;Z] ,.MksØk;uksyksth ds in dks Hkjus gsrq ys[k fd;k gSA MkW eksuk lwn us i= esa ys[k fd;k gS fd og orZeku esa lgk;d vkpk;Z] ,.MksØk;uksyksth ¼;wVhch½ ij dk;Zjr gSaA og vkjih,llh lgk;d vkpk;Z HkrhZ& 2020 esa ,.MksØk;uksyksth fof’k”Brk esa p;fur MkW gjnso jke usgjk dks ,.MksØk;uksyksth fof’k”Brk eas foLFkkfir fd;s tkus ds dkj.k muds }kjk mDr in ij dk;Zxzg.k ugha fd;k gSA blfy, lgk;d vkpk;Z] ,.MksØk;uksyksth fof’k”Brk ds mDr fjDr in ij mUgsa fu;qfDr fn;s tkus dk vuqjks/k fd;k gSA

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oLrqfLFkfr%& mDr ds laca/k esa ys[k gS fd vkjih,llh dks ,.MksØk;uksyksth fof’k”Brk esa ,d gh in dh vFkZuk izsf”kr dh xbZ FkhA ftl ij MkW- gjnso jke usgjk dk p;u gqvk FkkA ml in ij MkW usgjk dk foLFkkiu ds rgr inLFkkiu fd;s tkus ds QyLo:i mDr HkrhZ o”kZ esa lgk;d vkpk;Z] ,.MksØk;uksyksth dk dksbZ in fjDr ugha gSA”

[2023:RJ-JD:39960]

[WMAP-24/2022]

(3 of 3)

Though, the basis today pointed out is different from the statement which was made by the learned Additional Advocate General at that date because a categorical statement was made that Mr. Hardev Ram Nehra had joined on the post of Assistant Professor (Super Specialty) in Endocrinology in pursuance of the advertisement dated 17.01.2020 issued by the RPSC admittedly, which is not a correct position of fact as admitted by Mr. Kailash Choudhary.

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Mr. Kailash Choudhary has pointed out that today their instructions are that Mr. Hardev Ram Nehra had not joined on the post of Assistant Professor (Super Specialty) in Endocrinology in pursuance of advertisement dated 17.01.2020, but had actually joined on the post as per the promotion. The note-sheet also contained the fact that Mr. Hardev Ram Nehra had joined only on account of promotion and not in pursuance of advertisement dated 17.01.2020 on the post of Assistant Professor (Super Specialty) in Endocrinology.

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On such reversal stand by the respondents, the recalling application deserves to be allowed and the same is allowed. The order dated 13.01.2022 is recalled.

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Let the matter be listed before the Bench having the regular roster of the subject on 01.12.2023.

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(DR.PUSHPENDRA SINGH BHATI), J.

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84-Zeeshan

Dr. Mona Sood v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Mona Sood v. State of Rajasthan

Case brief

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