Rajasthan High Court – Jaipur
Abhayram Gurjar S/O Man Singh Gurjar vs State Of Rajasthan (2025:Rj-Jp:15452) on 7 April, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:15452]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19586/2024
Meena Suthar D/o Shri Moti Lal Suthar W/o Shri Nirmal Kumar Suthar,
Aged About 29 Years, Resident Of 6 Sutharo Ka Mohalla, Dhanna Ji Ki
Bagichi, Post Karjali, Bhopal Sagar, District Chittorgarh-312205 (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical
And Health Department, Government Secretariat, Jaipur.
2. The Director, Medical And Health Services, Swasthya Bhawan,
Tilak Marg, C-Scheme, Jaipur
3. State Institute Of Health And Family Welfare, Through Its
Director, Jhalana Doongri, Jaipur
4. Jaya Devi D/o Shri Ram Chandra, (Application Id. No137288)
Through The Director, State Institute Of Health And Family
Welfare, Jhalana Doongri, Jaipur
----Respondents
Connected With
S.B. Civil Writ Petition No. 19580/2024
Ramesh Gehlot Son Of Shri Ann Raj, Aged About 30 Years, Resident
Of Bus Stand Vasa, Tehsil Pindwara, District Sirohi (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through Its Joint Secretary
Administration, 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
S.B. Civil Writ Petition No. 51/2025
Akshay Kumar Sharma S/o Shri Murlidhar Sharma, Aged About 24
Years, R/o Village Katarwada, Tehsil Baswa, Dausa, Rajasthan.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical
And Health Department, Government Secretariat, Jaipur.
2. The Director, State Institute Of Health And Family Welfare,
Jhlanadoongi Colony, Ghat Ki Guni, Jaipur, Rajasthan.
3. The Additional Director (Administration), Medical And Health
Services Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme,
Jaipur, Rajasthan.
—-Respondents
S.B. Civil Writ Petition No. 55/2025
Rahul Yadav S/o Abhay Singh Yadav, Aged About 33 Years, Resident
Of Sakatpura, Village Bawa, Tehsil Mundawar, District Alwar, Raj.
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301706
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical Health And Family Welfare,
Government Of Rajasthan, Secretariat, Jaipur (Raj.)
2. The Director, State Institute Of Medical Health And Family
Welfare, Jaipur (Raj.)
3. The Joint Secretary, Medical And Health Department (Group-
3), Jaipur (Raj.)
—-Respondents
S.B. Civil Writ Petition No. 141/2025
Sarjeet Singh Yadav S/o Yad Ram Yadav, Aged About 46 Years,
Resident Of Khedki, Behror, Raj. 301701
—-Petitioner
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical Health And Family Welfare,
Government Of Rajasthan, Secretariat, Jaipur (Raj.)
2. The Director, State Institute Of Medical Health And Family
Welfare, Jaipur. (Raj.)
3. The Joint Secretary, Medical And Health Department, (Group-
3), Jaipur, (Raj.)
—-Respondents
S.B. Civil Writ Petition No. 146/2025
Said Ahmed S/o Mohd Shareef, Aged About 39 Years, R/o Rajeev
Colony, Near Dada Badi, Toda Road, Malpura, District Tonk, Rajasthan.
—-Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Department
Of Medical Health Services, Government Of Rajasthan,
Government Secretariat, Jaipur, Rajasthan.
2. Director, Medical And Health Services, Rajasthan, Jaipur.
3. State Institute Of Health And Family Welfare (Sihfw), Jhalana
Institutional Area, Jaipur Through Its Director.
—-Respondents
S.B. Civil Writ Petition No. 152/2025
Abdul Rub S/o Abdul Rauf, Aged About 28 Years, R/o Abdullah Bhai Ki
Chkki, Mohalla Sadat, Malpura, District Tonk.
—-Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Department
Of Medical Health Services, Government Of Rajasthan,
Government Secretariat, Jaipur, Rajasthan.
2. Director, Medical And Health Services, Rajasthan, Jaipur.
3. State Institute Of Health And Family Welfare (Sihfw), Jhalana
Institutional Area, Jaipur Through Its Director.
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—-Respondents
S.B. Civil Writ Petition No. 165/2025
Pradeep Kumar Sharma S/o Shri Shivlal Sharma, Aged About 37
Years, Resident Of Debri Khera, Post Rajgarh, Tehsil Begun, District
Chittorgarh (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical
And Health Department, Government Secretariat, Jaipur.
2. The Director, Medical And Health Services, Swasthya Bhawan,
Tilak Marg, C-Scheme, Jaipur.
3. State Institute Of Health And Family Welfare, Through Its
Director, Jhalana Doongri, Jaipur.
4. Pradeep Kumar Singhal S/o Shri Kailash Chand, Through The
Director, State Institute Of Health And Family Welfare, Jhalana
Doongri, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 257/2025
Vishvendra Singh Tanwar S/o Shri Suresh, Aged About 31 Years,
Resident Of Village Milkipur, Tehsil Hindaun City, District Karauli
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical
And Health Department, Government Secretariat, Jaipur.
2. The Director, Medical And Health Services, Swasthya Bhawan,
Tilak Marg, C-Scheme, Jaipur.
3. State Institute Of Health And Family Welfare, Through Its
Director, Jhalana Doongri, Jaipur.
4. Kailash Ram S/o Shri Hukama Ram, Through The Director,
State Institute Of Health And Family Welfare, Jhalana Doongri,
Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 639/2025
Abhayram Gurjar S/o Man Singh Gurjar, Aged About 29 Years, R/o
Village Shyosinghpura, Tehsil Bamanwas, District Gangapurcity,
Rajasthan.
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary Medical
And Health Department, Secretariat, Jaipur.
2. The Director, State Health And Family Welfare Institution,
Jaipur.
3. The Director (Non-Gazette), Medical And Health Services,
Rajasthan, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 741/2025
Anjana Kumari Dhakar D/o Nandram Dhakar, Aged About 26 Years,
R/o Dhakar Mohalla, Dhanwara Tehsil Kotri, District Bhilwara,
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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,
Jaipur.
3. The Director (Non-Gazette), Medical And Health Services,
Rajasthan, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 742/2025
Rishiraj S/o Hansraj, Aged About 27 Years, R/o Nagla Gyani,
Madanpura, Bharatpur, Rajasthan.
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical
And Health Department, Secretariat, Jaipur.
2. The Director, State Health And Family Welfare Institution
Jaipur.
3. The Director (Non-Gazette), Medical And Health Services,
Rajasthan, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 833/2025
Ravindera Kumar S/o Bharm Prakash, Aged About 34 Years, R/o Vpo
Gadoj, Behror, Alwar, Rajasthan.
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary Medical
And Health Department, Secretariat, Jaipur.
2. The Director, State Health And Family Welfare Institution,
Jaipur.
3. The Director (Non-Gazette), Medical And Health Services,
Rajasthan, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 948/2025
Ahtram Ali S/o Ahsan Ali, Aged About 44 Years, R/o New Sadat
Colony, Mohalla Sadat Malpura, District Tonk Rajasthan
—-Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Department
Of Medical Health Services, Government Of Rajasthan,
Government Secretariat, Jaipur, Rajasthan.
2. Director, Medical And Health Services, Rajasthan, Jaipur.
3. State Institute Of Health And Family Welfare (Sihfw), Jhalana
Institutional Area, Jaipur Through Its Director.
—-Respondents
S.B. Civil Writ Petition No. 1232/2025
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Mukesh Saran S/o Shri Hanuman Saran, Aged About 34 Years,
Resident Of Village Sitarampura @ Lakholai, Tehsil Madhorajpura,
District Jaipur Rural, Jaipur (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical
And Health Department, Government Secretariat, Jaipur.
2. The Director, Medical And Health Services, Swasthya Bhawan,
Tilak Marg, C-Scheme, Jaipur.
3. State Institute Of Health And Family Welfare, Through Its
Director, Jhalana Doongri, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 1510/2025
Yasmeen Ali D/o Abdul Hameed, Aged About 34 Years, R/o Upkar
Bhawan Lanka Gate, Bundi, Raj. 323001.
—-Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical
And Health Department, Govt. Of Rajasthan, Secretariat,
Jaipur (Raj) 302005
2. Director Medical And Health, Swasthya Bhawan, Tilak Marg, C-
Scheme, Jaipur (Raj). 302005
3. State Institute Of Health And Family Welfare, Through
Secretary Jhalana Institutional Area, Near Doordarshan,
Kendara, Jhalana Doongri, Jaipur (Raj). 302004
—-Respondents
S.B. Civil Writ Petition No. 1723/2025
Pawan Sinwar S/o Shri Chhagana Ram, Aged About 30 Years, Resident
Of Village And Post Kiroda, Gunsali, Via. Badi Khatu, Tehsil Degana,
District Nagaur– 341301 (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary, Medical
And Health Department, Government Secretariat, Jaipur.
2. The Director, Medical And Health Services, Swasthya Bhawan,
Tilak Marg, C-Scheme, Jaipur.
3. State Institute Of Health And Family Welfare, Through Its
Director, Jhalana Doongri, Jaipur.
—-Respondents
S.B. Civil Writ Petition No. 2382/2025
Rupesh Kumar S/o Shri Sukh Dev Prasad, Aged About 35 Years, R/o
Village Dadar Heda, Post Noor Nagar, District Khairthal- Tijara,
Rajasthan
—-Petitioner
Versus
1. State Of Rajasthan, Through Its Joint Secretary
Administration, Department Of Health And Family Welfare,
Secretariat, Jaipur (Raj.)
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2. Director, State Health And Family Welfare Institution, Jhalana,
Institutional Area, Jaipur (Raj.)
3. Nemi Chand, Application Id No. No128511, S/o Shri Pratap
Ram, Aged About 33 Years, Through Director, State Health And
Family Welfare Institution, Jhalana, Institutional Area, Jaipur
(Raj.)
—-Respondents
S.B. Civil Writ Petition No. 4522/2025
Smt. Meera D/o Shri Mohar Singh, W/o Dheer Singh, Aged About 34
Years, R/o V And P Kasimpura, Tehsil And District Jhunjhunu,
Rajasthan.
—-Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Medical,
Health And Family Welfare Department, Government
Secretariat, Jaipur, Rajasthan.
2. Director, State Health And Family Welfare Sansthan, Jhalana
Doongri, Jaipur.
3. Additional Director (Adm.) State Health And Family Welfare
Sansthan, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
—-Respondents
For Petitioner(s) : Mr. Ram Pratap Saini
Mr. Pritvi Pal for
Mr. Tanveer Ahamad
Mr. Bajrang Sepat
Mr. Pawan Sharma for
Mr. Ashok Bansal
Mr. Sukhdev Singh Solanki
Mr. Laxmi Kant Malpura
Mr. Anand Sharma
Mr. Raghunandan Sharma
Ms. Priyansha Gupta
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
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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, have submitted that the
representations 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:-
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 28th, 29th and 30th 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.
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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
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,(Downloaded on 26/04/2025 at 12:33:34 AM)
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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
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
Pooja /696-714
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