Kashif Zaki Son of Nasir Iqbal Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Kashif Zaki Son of Nasir Iqbal Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to submit a representation to the respondents-Authority within 6 weeks raising all grounds; respondents-Authority directed to decide the representation with a reasoned and speaking order within 30 days of receipt and to communicate the decision by speed post or e-mail; petitioner left free to approach the Court with a fresh petition if still aggrieved.

Issue for consideration

Whether the petitioner's name should be included in the final merit list in the OBC-NCL category and he should be given appointment on the post of Nursing Officer pursuant to advertisement (Annexure-1) with consequential benefits. +1 more

Court's answer

The petitioner is given liberty to submit a representation to the respondents-Authority within a period of 6 weeks raising all grounds.

Ratio / Principle

The respondents-Authority are directed to decide the representation with a reasoned and speaking order within a period of 30 days from the date of receipt of the representation.

Key takeaways

After passing the order, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through e-mail if an e-mail has been provided in the representation.ratio¶25
If the petitioner is still aggrieved, he has liberty to approach this Court with a fresh petition.ratio¶25

Detailed headnote1 paragraphs

S.B. Civil Writ Petition No. 19239/2024, High Court of Judicature for Rajasthan, Jaipur Bench (Ashok Kumar Jain, J.), order dated 03/11/2025: Kashif Zaki v. State of Rajasthan and others. The petitioner, an OBC-NCL candidate for appointment as Nursing Officer pursuant to advertisement (Annexure-1), held three experience certificates; by order dated 29.08.2023 the Superintendent and Member Secretary, RMRS, MDS Hospital, Kota modified his experience days from 467 to 542, yet the respondents computed 467 days for bonus marks, and he claimed entitlement to 30 bonus marks and inclusion in the final merit list. Disposing of the petition, the Court granted the petitioner liberty to submit a representation within six weeks, directed the respondents-Authority to decide it with a reasoned and speaking order within thirty days of receipt and to communicate the decision by speed post or e-mail, and preserved his liberty to approach the Court afresh with a new petition if still aggrieved. No statute or precedent case is cited in this short order.

[2025:RJ-JP:44027]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 19239/2024

Kashif Zaki Son Of Nasir Iqbal, Aged About 34 Years, Resident Of Masjid Ke Pass, Nayapura, Kota, Rajasthan.

----Petitioner

Versus

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

Director, Medical And Health Services, Rajasthan, Jaipur. 3. State Institute Of Health And Family Welfare (Sihfw), Jhalana Institutional Area, Jaipur, Through Its Director.

Chief Medical And Health Officer, Kota.

Principal And Controller, Govt. Medical College, Kota, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Pradeep Singh with Mr. Jitesh Kumawat

For Respondent(s) : Mr. Archit Bohra, AGC

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

03/11/2025

Instant writ petition has been filed by the petitioner with

following prayers:

“i) the respondents may be directed to include the name of the petitioner in the final merit list in his category OBC-NCL and petitioner may be given appointment on the post of Nursing Officer pursuant to advertisement (Annexure-1) with all consequential benefits; ii) Any other order or direction which this Hon’ble Court may deem fit and proper be also passed in favour of the petitioner.”

Learned counsel for petitioner submits that petitioner is having three certificates of experience and by order dated

[2025:RJ-JP:44027]

[CW-19239/2024]

(2 of 2)

29.08.2023 issued by Superintendent and Member Secretary, RMRS, MDS Hospital, Kota, the days were modified from 467 to 542 but the respondent(s) have considered 467 days to grant him bonus if 542 days are considered, then the petitioner is entitled for 30 bonus marks.

Learned counsel for respondent(s) suggests that the petitioner may submit a representation to the respondent(s) on the basis of said analogy and Department will consider and will act accordingly, and on examination, if found that petitioner has secured more marks than last cut-off than he would be afforded appointment by the Department.

Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondentsAuthority within a period of 6 weeks raising all grounds and the respondents-Authority are directed to decide the representation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he has a liberty to approach this Court with fresh petition.

With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.

(ASHOK KUMAR JAIN),J

CHETNA BEHRANI /88