Bhuvneshwar Rai S/O Shrikrishna Sharma Vs State of Rajasthan

[2025:RJ-JP:7629]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 19204/2024

Sheetal Sharma D/o Shri Chouth Mal Sharma W/o Shri Jai Prakash Sharma, Aged About 37 Years, Resident Of 297A, Shiksha Sagar Colony, Govindpura, Jagatpura, Jaipur (Raj.)

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----Petitioner

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Versus

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

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The Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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State Institute Of Health And Family Welfare, Through Its Director, Jhalana Doongri, Jaipur.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 153/2025

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Tosib Ansari Son Of Shri Shakir Hussain Ansari, Aged About 34 Years, Resident Of 59, Siddhi Vinayak Vistar, Rangtalab, Arjunpura, Kota, Rajasthan

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----Petitioner

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Versus

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

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Director, Medical And Health Services, Rajasthan, Jaipur.

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

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Chief Medical And Health Officer, Kota.

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----Respondents

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S.B. Civil Writ Petition No. 228/2025

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Munna Lal Mali S/o Ramkishan Mali, Aged About 31 Years, R/o Gangaji Ki Kothi, Post Khanpur Baroda, Gangapurcity, Sawaimadhopur, Rajasthan.

----Petitioner

Versus

(2 of 5)

[2025:RJ-JP:7629]

[CW-19204/2024]

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

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The Director, State Health And Family Welfare Institution, Jaipur.

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The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 273/2025

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Bhuvneshwar Rai S/o Shrikrishna Sharma, Aged About 38 Years, R/o 1/30, Pushkar Ganj, Beawar, Rajasthan.

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----Petitioner

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Versus

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

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The Director, State Health And Family Welfare Institution, Jaipur.

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The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 280/2025

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Kiran Meena D/o Kishan Lal Meena, Aged About 33 Years, R/o Near Tejaji Mandir, Sakatpura, Kota, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Secretary, Medical, Health And Family Welfare Department, Rajasthan, Jaipur.

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The Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

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

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----Respondents

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S.B. Civil Writ Petition No. 337/2025

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Laxmi Devi D/o Mohan Singh, Aged About 31 Years, R/o Noondri, Mahendratan, Beawar, Rajasthan.

----Petitioner

[2025:RJ-JP:7629]

[CW-19204/2024]

(3 of 5)

Versus

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

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The Director, State Health And Family Welfare Institution, Jaipur.

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The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 453/2025

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Radhe Shyam Raigar S/o Harikesh Raigar, Aged About 34 Years, R/o Village Gurjar Baroda, Post Baman Baroda, Tehsil Bamanwas, District Sawaimadhopur, Rajasthan.

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----Petitioner

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Versus

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

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The Director, State Health And Family Welfare Insitution, Jaipur.

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The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr.	Tanveer Ahamad, Adv.
	Mr. Mr.	Ram Pratap Saini, Adv. Pradeep Singh, Adv.
For Respondent(s)	: Mr. Mr.	Archit Bohra, AGC with Rahul Verma, Adv.
	Mr.	Prakhar Jain, Adv.

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HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment

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20/02/2025

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The present matter pertains to recruitment on the post of Nursing Officer in pursuance to the vacancies issued vide advertisement dated 05.05.2023.

[2025:RJ-JP:7629]

[CW-19204/2024]

(4 of 5)

Considering the identical factual narrative, legal issues, and with consent of the various counsel representing the matters, the present bunch of petitions are adjudicated vide this judgment wherein, Sheetal Sharma Vs. State of Rajasthan & Ors. ( S.B. Civil Writ Petition No. 19204/2024) is taken as the lead petition. It is made clear that the present judgment shall be made applicable on mutatis mutandis basis on the petitions connected herein.

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At the outset, learned counsel for the petitioner has submitted that the present petitions are filed seeking directions for consideration of veracity of experience certificate, as it is alleged that the petitioners’ experience certificate veracity is not certified as the payment is made by a placement agency and not by respondents.

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In support of the contentions made insofar, learned counsel has placed reliance upon the ratio encapsulated in SBCWP No.14929/2024 titled as Dimpal Kumari Vs. State of Rajasthan & Ors. wherein vide judgment dated 07.10.2024, the lis/ controversy in hand is already adjudicated. Hence, the same is no more res integra.

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Contrarily, learned counsel for the respondents has submitted that the petitioners were appointed through placement agencies and for entire period of contract or part period of contract, they were paid in cash. Therefore, the bonafides and veracity of the experience certificate needs to be verified. However, learned counsel is unable to refute with the fact that the relied upon judgment is squarely applicable upon the present batch of petitions.

[2025:RJ-JP:7629]

[CW-19204/2024]

(5 of 5)

Heard and considered.

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In light of the foregoing facts and circumstances, this Court deems it apposite dispose the present batch of petitions, taking note of the dictum encapsulated in Dimpal Kumari (supra) which shall be read as gender neutral and on mutatis mutandis basis; for the sake of convenience the relevant extract is enumerated herein below:

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"(1). One post of Female Health Worker pursuant to advertisement dated 19.05.2023 shall be kept vacant for each of the petitioners in the district(s) of their preference vis-a-vis their merit experience certificate.

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(2). The petitioners shall be posted as per their preference vis-a-vis their merit position if found eligible ultimately qua their experience certificate."

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Accordingly, the present batch of petitions are disposed of in terms noted hereinabove. Pending applications, if any shall stand disposed of.

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A copy of this judgment be separately placed in the connected petitions.

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(SAMEER JAIN),J

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Ashwani Kr Srivastava /-183,227,271,256,258,235,277

Bhuvneshwar Rai S/O Shrikrishna Sharma v. State of Rajasthan

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Bhuvneshwar Rai S/O Shrikrishna Sharma v. State of Rajasthan

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