[ad_1]
Rajasthan High Court – Jaipur
Manju Kumari Meena D/O Sh. Kalyan Mal … vs State Of Rajasthan (2025:Rj-Jp:15392) on 7 April, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:15392]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 16442/2024
Saroj Daughter Of Shri Ugma Ram Choudhary, Wife Of Shri Mukesh
Choudhary, Aged About 32 Years, Resident Of Village Post Leeri Vaya
Mangliyawas Tehsil Pisangan District Ajmer (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical And Health And Family Welfare
Department, Secretariat, Jaipur (Raj.)
2. Director, State Health And Family Welfare Institution, Jhalana
Institutional Area, Jaipur (Raj.)
3. Additional Director, Non Gazzeted, Medical And Health
Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.)
----Respondents
Connected With
S.B. Civil Writ Petition No. 14944/2024
Manoj Kumari D/o Raghuveer Singh, Aged About 30 Years, R/o
Rajpura, Post Ghardana Kalan, Tehsil Buhana District Jhunjhunu.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Additional Chief Secretary,
Medical And Health Department, Secretary, Jaipur.
2. The Director, Directorate Of Medical And Health Services, Tilak
Marg, Swasthya Bhawan, Rajasthan, Jaipur (Raj.).
3. The Director, State Institute Of Health And Family Welfare,
Jhalana Industrial Area, Jaipur.
4. Sabina D/o Mohd. Ibrahim, Application Id 105645 Through The
Director, State Institute Of Health And Family Welfare, Jhalana
Industrial Area, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 15037/2024
Manju Kumari Meena D/o Sh. Kalyan Mal Meena, Aged About 31
Years, R/o Maszid Ke Pass, Lanka Colony, Baran.
—-Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary To The
Government, Medical And Health Department, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Director, State Institute Of Health And Family Welfare
(Sihfw), Jhalana Doongri, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 15175/2024
Poonam Kanwar D/o Kishor Singh, Aged About 26 Years, R/o Shiv
Colony, Ward No. 1, Churu, Rajasthan.
—-Petitioner
Versus
(Downloaded on 18/04/2025 at 11:30:51 PM)
[2025:RJ-JP:15392] (2 of 8) [CW-16442/2024]
1. The State Of Rajasthan, Through Its Secretary, Medical, Health
And Family Welfare Department, Rajasthan, Jaipur.
2. The Director, State Health And Family Welfare Institution,
Jhalana, Institutional Area, Jaipur (Raj.)
3. The Director (Non-Gazette), Medical And Health Services,
Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 15223/2024
Mona Kumari D/o Subhash Chandra, Aged About 32 Years, R/o
Gadhwal Ka Bas, Ward No. 19, Bhorki, Udaipurwati, District
Jhunjhunu, Rajasthan.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical, Health
And Family Welfare Department, Rajasthan, Jaipur.
2. The Director, State Health And Family Welfare Institution,
Jhalana, Institutional Area, Jaipur (Raj.)
3. The Director (Non-Gazette), Medical And Health Services
Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur
—-Respondents
S.B. Civil Writ Petition No. 15271/2024
Nirmal Kanwar D/o Gordhan Singh, Aged About 34 Years, R/o Rawat
Nagar, Peelva, Dechu, Jodhpur, Rajasthan.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical, Health
And Family Welfare Department, Rajasthan, Jaipur.
2. The Director, State Health And Family Welfare Institution,
Jhalana, Institutional Area, Jaipur (Raj.)
3. The Director (Non-Gazette), Medical And Health Services
Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 15274/2024
Suman D/o Umed Singh, Aged About 34 Years, R/o Vpo Lambor Bari,
Tehsil Rajgarh, District Churu, Rajasthan.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical, Health
And Family Welfare Department, Rajasthan, Jaipur.
2. The Director, State Health And Family Welfare Institution,
Jhalana, Institutional Area, Jaipur (Raj.)
3. The Director (Non-Gazette), Medical And Health Services
Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 15517/2024
Mamta Kumari D/o Babu Lal, Aged About 32 Years, R/o Bhooti, Tehsil
Ahore, District Jalore, Rajasthan.
(Downloaded on 18/04/2025 at 11:30:51 PM)
[2025:RJ-JP:15392] (3 of 8) [CW-16442/2024]
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical, Health
And Family Welfare Department, Rajasthan, Jaipur.
2. The Director, State Health And Family Welfare Institution,
Jhalana, Institutional Area, Jaipur (Raj.)
3. The Director (Non-Gazette), Medical And Health Services
Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 15539/2024
Shikha Yadav D/o Naval Kishor Yadav, Aged About 28 Years, R/o
Village Mothpur, Post Kalmanda, District Baran, Rajasthan.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical, Health
And Family Welfare Department, Rajasthan, Jaipur.
2. The Director, State Health And Family Welfare Institution,
Jhalana, Institutional Area, Jaipur (Raj.)
3. The Director (Non- Gazette), Medical And Health Services,
Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 15541/2024
Sita D/o Neki Ram, Aged About 34 Years, R/o Village Hansasar, Tehsil
Malsisar, District Jhunjhunu, Rajasthan.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Secretary, Medical, Health
And Family Welfare Department, Rajasthan, Jaipur.
2. The Director, State Health And Family Welfare Institution,
Jhalana, Institutional Area, Jaipur (Raj.)
3. The Director (Non-Gazette), Medical And Health Services,
Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 15550/2024
Rekha Swami Daughter Of Shri Jugal Kishore Swami, Wife Of Shri
Nemi Chand Swami, Aged About 32 Years, Resident Of Kala Bhate Ki
Dhani, Village And Post Morija, Tehsil Chomu, District Jaipur (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Medial And Health And Family Welfare
Department, Secretariat, Jaipur (Raj.)
2. Director, State Health And Family Welfare Institution, Jhalana,
Institutional Area, Jaipur (Raj.)
3. Additional Director, Non Gazzeted, Medical And Health
Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.)
—-Respondents
(Downloaded on 18/04/2025 at 11:30:51 PM)
[2025:RJ-JP:15392] (4 of 8) [CW-16442/2024]
S.B. Civil Writ Petition No. 15922/2024
Mamta Meena D/o Shri Hari Ram, W/o Shankar Lal Meena, Aged
About 33 Years, R/o Ward No. 1, Raiwasa, Tehsil Danta Ramgarh,
District Sikar, Rajasthan.
—-Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Department
Of Medical And Health Service, Government Of Rajasthan,
Government Secretariat, Jaipur, Rajasthan.
2. The Additional Director (Administration), Medical And Health
Service, Rajasthan, Swasthya Bhawan, C-Scheme, Jaipur,
Rajasthan.
3. The Director, State Institute Of Health And Family Welfare
(Sihfw), Jhalana Institutional Area, Jhalana, Jaipur, Rajasthan.
—-Respondents
S.B. Civil Writ Petition No. 16058/2024
Suman Saini Daughter Of Nathu Lal Saini, Aged About 21 Years,
Resident Of Village Dhand, Marwada, Dhani Po Khedi, Tehsil Baijupara,
District Dausa 303313 (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Medical Health And Family Welfare,
Government Secretariat, Jaipur- 302005 (Raj.)
2. Director State Institute Of Health And Family Welfare (Sihfw),
Through Its Director Having Its Office At Jhalana Doongari
Colony, Ghat Ki Guni, Jaipur 302004 (Raj.)
3. Director (Non Gazetted), Department Of Medical And Health,
Swasthya Bhawan, Tilak Marg, C Scheme, Jaipur 30205 (Raj.)
4. Additional Director (Non Gazetted), Department Of Medical
And Health, Swasthya Bhawan, Tilak Marg, C Scheme, Jaipur
30205 (Raj.)
—-Respondents
S.B. Civil Writ Petition No. 16141/2024
Anita Yadav Daughter Of Shri Abhay Singh Yadav Wife Of Shri
Yashwant Yadav, Resident Of Village Dawani, Post Budhwal, Tehsil
Behror, District Kotputli Behror (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical And Health And Family Welfare
Department, Secretariat, Jaipur (Raj.)
2. Director, State Health And Family Welfare Institution, Jhalana,
Institutional Area, Jaipur (Raj.)
3. Additional Director, Non Gazzeted, Medical And Health
Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.)
—-Respondents
(Downloaded on 18/04/2025 at 11:30:51 PM)
[2025:RJ-JP:15392] (5 of 8) [CW-16442/2024]
For Petitioner(s) : Ms. Sudesh Panwar
Mr. Ankush Sharma
Mr. Sameer Sharma
Mr. Ram Pratap Saini
Mr. Akhilesh K Pareek
Mr. S. S. Mehla
Mr. Iliyas Khan
For Respondent(s) : Mr. Archit Bohra, AGC with
Ms. Anjali Sharma
Mr. Rahul Verma
Mr. Prakhar Jain
HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
07/04/2025
1. In bunch of the matters, learned counsel for the petitioners while
placing reliance upon the order dated 27.02.2025 passed in Radha vs.
State of Rajasthan and Ors., registered as S.B. Civil Writ Petition
No.8922/2024, wherein, categorical directions were given to the
Principal, SMS Hospital, Jaipur to consider the case of the petitioners
therein and constitute a Medical Board, has submitted that the
representation filed by the petitioners stating their disability/benchmark
disability, is ought to be considered by the freshly constituted Medical
Board at SMS Hospital, Jaipur.
2. Learned counsel for the respondents has assured that Medical
Board will consider the representations of the petitioner-candidates qua
the aspect of suitability and eligibility, strictly in accordance with law.
3. Heard and considered.
4. Considering the submissions made by the learned counsel for the
parties, this Court deems it apposite to pass the following directions:-
(Downloaded on 18/04/2025 at 11:30:51 PM)
[2025:RJ-JP:15392] (6 of 8) [CW-16442/2024]
4.1 That Principal, SMS Hospital, Jaipur shall consider the case
of the petitioners and constitute a fresh Medical Board to carry out the
physical/medical test of the petitioners.
4.2 That the said Medical Board be constituted within a period of
10 days from the date of receipt of this order.
4.3 That after appropriate analysis a report shall be furnished by
the Board, in a fair, transparent and speaking manner, strictly in
accordance with law.
4.4 That re-examination result/report shall be final and binding
upon the respective sides.
4.5 The Medical Board constituted shall carry out the physical
test/analysis on 22nd, 23rd and 24th of April, 2025 at 11.00 AM at SMS
Hospital, Jaipur qua which appropriate communication/intimation be
sent to the petitioners along with the copy of this order.
4.6 That the petitioners are directed to report on the specified
date(s), time or allotted slot at SMS Hospital, Jaipur.
5. Respective sides are directed to comply with the above stated
directions, pronto.
6. Relying upon Radha (supra), this Court deems it apposite to
dispose of the present petitions. Relevant portion of the same is
reiterated as below:-
“1. A bunch of matters is listed for hearing today.
2. Learned counsel for the petitioners while placing
reliance upon the order passed by Co-ordinate Bench
of this Court in S.B. Civil Writ Petition
No.1760/2020 titled as Sunita Kumari Vs. The
State of Rajasthan & Anr, qua which an appeal was
also preferred before the Division Bench at Principal
seat, Jodhpur in D.B. Special Appeal Writ
No.572/2023, has submitted that the instant matter
is squarely covered by the dictum encapsulated in
Sunita Kumari (supra), therefore, instant matter
can be decided in light of the same.
3. Learned Advocate General has drawn attention
of this Court on ‘para 19’ of the D.B. Special Appeal(Downloaded on 18/04/2025 at 11:30:51 PM)
[2025:RJ-JP:15392] (7 of 8) [CW-16442/2024]Writ No.572/2023(supra) and has submitted that
as per the Rule 13 of the Rules of 1965 (hereinafter
‘referred as Rules of 1965’), the employer has a right
to adjudge suitability of a candidate for appointment
to the posts, in conformity with the rules governing
the service conditions.
4. Furthermore, it is submitted that the second
issue pertains to the issuance of Physical Handicapped
Certificate with respect to the test conducted by the
Medical Board, however, same is sub-judice for
adjudication before the Hon’ble Supreme Court
(SLPNo.2816/2025).
5. Further, it is apprised to this Court that D.B.
Special Appeal Writ No.282/2021 titled as Smt.
Prem Kumari vs. State of Rajasthan and Ors., is
also subjudice before the Division Bench of this Court.
6. Therefore, prayer is made for an adjournment
by the learned Advocate General.
7. Heard and considered.
8. Considering the arguments advanced by the
learned counsel for the parties, taking note of the
proposal made by the respective sides for constituting
a fresh Medical Board at SMS Hospital and formation
of committee in this regard by Principal, SMS
Hospital, for carrying out the physical test by a
competent authority (any person as State deems
competent), to ensure certainty and time bound
adjudication of the matter, this Court directs that
Principal, SMS Hospital, Jaipur to consider the case of
petitioners and constitute a Medical Board within a
period of 10 days from the date of passing of this
order, and the said Board after appropriate analysis
shall furnish result in a fair and transparent manner,
strictly in accordance with law. It is made clear that
the re-examination result/report shall be final and
binding upon the respective sides.
9. The petitioners are directed to report on
19.03.2025 at appropriate time as specified by the
Principal, SMS Medical Hospital or the competent
authority, at SMS Hospital, Jaipur.
10. Respective sides to carry out appropriate
actions upon the medical report.
11. Accordingly, the instant petitions are disposed
of. Pending applications, if any, shall stand disposed
of.”
7. Accordingly, the present petitions are disposed of with the afore-
mentioned directions. Rights of the petitioners qua selection
process/appointment shall remain secured till the petitioners appear
before the Medical Board. It is made clear, that the said interim
protection shall not create any vested right qua the petitioners and final
(Downloaded on 18/04/2025 at 11:30:51 PM)
[2025:RJ-JP:15392] (8 of 8) [CW-16442/2024]
selection of the petitioners shall remain subject to outcome of the
present petitions. Pending applications, if any, shall stand disposed of.
8. A copy of this order be placed in connected petitions.
(SAMEER JAIN),J
DEEPAK/s-613-614, 616-620, 622-628
(Downloaded on 18/04/2025 at 11:30:51 PM)
Powered by TCPDF (www.tcpdf.org)
[ad_2]
Source link