Harshal Sarupariya S/O Abhay Sarupariya Vs State of Rajasthan

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

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Director, State Institute Of Health And Family Welfare, Rajasthan, Jhalana, Institutional Area, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 5809/2025

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Harendra Jalwaniya S/o Moola Ram, Aged About 26 Years, R/o Vpo-Deh, District-Nagaur, Rajasthan.

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Anil Kumar S/o Sarwan Ram, Aged About 28 Years, R/o Vpo-Deh, District Nagaru, Rajasthan.

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Mukesh Buriya S/o Mugana Ram, Aged About 27 Years, R/o Vpo-Ewad, Tehsil-Yayal, District-Nagaur, Rajasthan.

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----Petitioners

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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. 5816/2025

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Ganpati Dev Sharma S/o Shri Prahalad Sharma, Aged About 32 Years, R/o Village- Vidhani, Near Jecrc University, Suthiyo Ki Dhani, Tehsil Sanganer, District-Jaipur, Rajasthan.

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----Petitioner

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Versus

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

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The Director, State Institute Of Health And Family Welfare, Jhlana Doongi, Jaipur, Rajasthan

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Additional Director (Administration), Medical And Health Services Rajasthan Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 5817/2025

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Harshal Sarupariya S/o Abhay Sarupariya, Aged About 23 Years, R/o Abhay Sarupariya, Near Mehta Gali, Sadar Bazar, Bhadesar, Chittorgarh, 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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For Petitioner(s) : Mr. Ram Pratap Saini Mr. Sukhdev Singh Solanki Mr. Asgar Khan For Respondent(s) : Mr. Archit Bohra, AGC with

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Mr. Rahul Verma

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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17/11/2025

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These writ petitions are filed by the petitioners for appointment on post of Pharmacist in relevant category.

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2. S.B. Civil Writ Petition No. 6113/2025 is filed with following prayer:-

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i) By an appropriate writ, order or direction in the nature thereof, the respondents be directed to give appointment to the petitioner on the post of Pharmacist because the petitioner has secured more marks than the last cut off in the Outstanding Sports Person Category.

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ii) By an appropriate writ, order or direction, the respondents may kindly be directed to consider the Sport Certificate of petitioner and thereby give appointment to the petitioner on the post of Pharmacist.

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iii) By an appropriate writ, order or direction, the impugned Final Merit List dated 24.05.2025 may kindly be quashed and set aside by which the respondents illegally rejected the candidature of petitioner for appointment to the post of Pharmacist.

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3. S.B. Civil Writ Petition No. 14984/2023 is filed with following prayer:-

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i) Issue an appropriate writ, order or direction in the nature thereof and thereby, the action of the respondents, which denied to consider the sport certificate of the petitioner and denied to give appointment for the post of Pharmacist under the sport quota in pursuant to advertisement dated 05.05.2023 may kindly be declared as arbitrary, discriminatory and unconstitutional.

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ii) Issue an appropriate writ, order or direction, thereof and thereby, the respondents may kindly be directed to consider the sport certificate of the petitioner as valid in the appointment for the post of Pharmacist under the sport quota in pursuant to advertisement dated 05.05.2023 and give appointment accordingly for the aforesaid post.

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4. S.B. Civil Writ Petition No. 5809/2025 is filed with following prayer:-

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i) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents be directed to consider the case of the Petitioners for the post of Pharmacist pursuant to the advertisement as they have more marks than the last cut off marks under their category.

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ii) By an appropriate writ order or direction in the nature thereof thereby, the Final Merit List dated 24.03.2025 issued by the respondents may kindly be quashed and set aside by which they have illegally rejected the candidature of the petitioners.

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iii) By an appropriate writ, order or direction in the nature thereof thereby, the respondents may kindly be directed to consider the Sport Certificate of petitioners and thereby give appointment to the petitioners on the post of Pharmacist.

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5. S.B. Civil Writ Petition No.5816/2025 is filed with

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following prayer:-

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i) By an appropriate writ order or direction the respondents may direct to give the appointment on the post of Pharmacist in the pursuance of the advertisement dated 05.05.2023.

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ii) By an appropriate writ order or direction the respondents consider the candidature of the Petitioner in the sports category in pursuance of

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the sports certificate issued by the competent authority as per rules.

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6. S.B. Civil Writ Petition No.5817/2025 is filed with following prayer:-

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i) By an appropriate writ, order or direction in the nature thereof thereby, the respondents may kindly be directed to consider the Sport Certificate of petitioners and thereby give appointment to the petitioners on the post of Pharmacist. ii) By an appropriate writ order or direction in the nature thereof thereby, the Final Merit List dated 24.03.2025 issued by the respondents may kindly be quashed and set aside by which they have illegally rejected the candidature of the petitioners.

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iii) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents be directed to consider the case of Petitioners for the post of Pharmacist pursuant to the advertisement as they have more marks than the last cut off marks under their category.

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During course of arguments, it has been suggested by learned counsel for respondents that the petitioner(s) may submit a representation to the respondents and the respondents will examine the representation in light of the policy and the rules as framed by the State Government.

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Learned counsel for petitioners submits that the controversy raised herein is already settled by judgment of Division Bench at Principal Seat, Jodhpur in DB Special Appeal Writ No.

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111/2025 titled as Garvit Vyas Vs. State of Rajasthan and

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Ors. decided on 01.08.2025 and considered by this Court as well in SB CWP No. 12634/2025 titled as Jitendra Vs. State of Rajasthan and Ors. On 07.10.2025 , therefore the writ petition be disposed of in light of judgment in case of Garvit Vyas Vs. State of Rajasthan and Ors. (supra).

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Learned counsel for respondents submits that subject to verification of veracity of facts as claimed by the petitioners, the writ petitions be disposed of.

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Having considered aforesaid, the writ petitions are disposed of in light of case of Garvit Vyas Vs. State of Rajasthan and Ors. (supra) and respondents are directed to conduct an inquiry in relation to the certificates as submitted by petitioners as early as possible within a period of 12 weeks from date of receipt of copy of this order. If petitioner is found to be an outstanding sports person then candidature of petitioner(s) be strictly considered in accordance with order of merit for the category for which the petitioner(s) has filed an application.

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In case of deviation, the respondents are under an obligation to decide the issue with a reasoned and speaking order within a period of 8 weeks after concluding the inquiry.

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With aforesaid, the writ petitions along with misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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GAURAV /265-269

Harshal Sarupariya S/O Abhay Sarupariya v. State of Rajasthan

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Harshal Sarupariya S/O Abhay Sarupariya v. State of Rajasthan

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