Dismissed¶24

Uday Singh Rajpoot S/O Shri Ram Kumar Singh Rajpoot v. State of Rajasthan

Rajasthan HC4 Nov 2025WMAP/323/2025

Case brief

AI extract

What is this about?

Rajasthan High Court, Jaipur Bench (Sudesh Bansal, J.), order dated 04/11/2025 — S.B. Writ Miscellaneous Application No. 323/2025 in S.B. Civil Writ Petition No.1993/2025, Uday Singh Rajpoot v. State of Rajasthan & Ors. Application to review/recall the order dated 09.05.2025 dismissing the writ petition as withdrawn (OBC-NCL certificate found inappropriate per advertisement) dismissed; recall refused where the same advocate filed the application, no affidavit of the advocate was filed, and the petitioner did not claim personal presence at the hearing.

What did the court decide?

The order dated 09.05.2025 was passed after hearing the counsel for the petitioner as well as the counsel for the respondents, in their presence, in open Court. ¶23

Uday Singh Rajpoot S/O Shri Ram Kumar Singh Rajpoot Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶24

Issue for consideration

Whether the final order dated 09.05.2025, whereby S.B. Civil Writ Petition No.1993/2025 was dismissed as withdrawn, may be reviewed/modified so that the writ petition is dismissed on merits instead of as withdrawn. +1 more

¶22

Court's answer

The order dated 09.05.2025 was passed after hearing the counsel for the petitioner as well as the counsel for the respondents, in their presence, in open Court.

¶23

Ratio / Principle

The advocate who appeared for the petitioner in the writ petition (Mr. Tanveer Ahamad) is the same advocate who has filed the present misc. application to recall the order dated 09.05.2025.

¶23

Key takeaways

No affidavit of the Advocate has been filed in support of the averments made in the misc. application.ratio¶23
Mere filing of the affidavit of the writ petitioner is not sufficient, since he does not state that he was present in person before the Court when the writ petition, after consideration on merits, was dismissed as withdrawn.ratio¶23

Detailed headnote1 paragraphs

Misc. application by the writ petitioner seeking modification/review of the final order dated 09.05.2025 in S.B. Civil Writ Petition No.1993/2025 — by which the petition, after being considered on merits (the petitioner's OBC-NCL certificate held not appropriate as per the advertisement and the respondents' action in not considering his candidature under the OBC-NCL category held justified), was dismissed as withdrawn — prayed that the petition be dismissed on merits instead. Application dismissed: the order dated 09.05.2025 was passed after hearing counsel for both sides in open Court; the same advocate (Mr. Tanveer Ahamad) who had appeared in the writ petition filed the application for recall; no affidavit of the Advocate supported the application's averments, and the petitioner's own affidavit was insufficient as he did not state he was personally present before the Court when the petition was dismissed as withdrawn.

¶1

[2025:RJ-JP:44313]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Writ Miscellaneous Application No. 323/2025 In

¶4

S.B. Civil Writ Petition No.1993/2025

¶5

Uday Singh Rajpoot S/o Shri Ram Kumar Singh Rajpoot, Aged About 45 Years, Resident Of Ward No. 17, Village Bagar, Post Budana, District Jhunjhunu-333023(Raj.)

¶6

----Petitioner

¶7

Versus

¶8

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

¶9

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

¶10

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

¶11

----Respondents

¶12

For Petitioner(s)	: Mr.	Tanveer Ahamad
For Respondent(s)	: Ms.	Sweekriti Sharma for
	Mr.	Archit Bohra,AGC

¶13

HON'BLE MR. JUSTICE SUDESH BANSAL

¶14

Order

¶15

04/11/2025

¶16

Instant Misc. Application has been filed by and on behalf of writ petitioner, seeking to modify/ review the final order dated 09.05.2025, whereby and whereunder S.B. Civil Writ Petition No.1993/2025, filed by writ petitioner, was dismissed as withdrawn.

¶17

Counsel appearing for applicant-writ petitioner agrees that in the order dated 09.05.2025, the case of writ petitioner was considered on merits and certificate of OBC-NCL of writ petitioner,

[2025:RJ-JP:44313]

[WMAP-323/2025]

(2 of 2)

was not found appropriate as per requirement of the advertisement, and the action of respondents to not consider his candidature under OBC-NCL category, was held justified and thereafter, the writ petition was dismissed as withdrawn.

¶22

Counsel for applicant-writ petitioner submits that the order dated 09.05.2025 may be reviewed in the manner that instead of dismissing the writ petition as withdrawn, same may be dismissed on merits.

¶23

From a bare perusal of the order dated 09.05.2025, it is apparent that same was passed after hearing the counsel for petitioner as well as the counsel for respondents and in their presence, in the open Court. The Advocate, who appeared on behalf of petitioner in the writ petition, namely, Mr. Tanveer Ahamad, is the same advocate, who has filed present misc. application on behalf of the writ petitioner, to recall the order dated 09.05.2025. No affidavit of the Advocate in support of averments made in the application, has been filed. Mere filing the affidavit of writ petitioner is not suffice, since he does not state to be present in person before the Court, when the writ petition after considering on merits, was dismissed as withdrawn.

¶24

In view of above, the present Misc. Application is hereby dismissed.

¶25

(SUDESH BANSAL),J

¶26

Sachin/15

Uday Singh Rajpoot S/O Shri Ram Kumar Singh Rajpoot v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Uday Singh Rajpoot S/O Shri Ram Kumar Singh Rajpoot v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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