Rajasthan High Court - Jodhpur
Kapil Dev Singh & Anr vs Veenu Gupta & Ors on 12 September, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt No. 896 / 2017
1. Bhartendu Vyas S/o Shri Prakash Chandra Vyas, R/o Village-
Post Saroda, Tehsil Sagwara, District Dungarpur.
2. Rajendra Singh S/o Shri Bhagwat Singh Shaktawat, R/o Village-
Post Indora, Tehsil Aashpur, District Dungarpur.
3. Narpat Singh Chouhan S/o Shri Shambhu Singh Chouhan, R/o
House No. F-7-RHB-3, Ashok Nagar, Dungarpur.
4. Surendra Singh Sisodiya S/o Shri Daulat Singh Sisodiya, R/o
Parda Vageri, Tehsil Sagwara, District Dungarpur.
5. Mukesh Chandra Patidar S/o Shri Nathulal Patidar, R/o Village-
Post Chitri, Tehsil Galiyakot, District Dungarpur.
6. Durga Pratap Singh Chouhan S/o Shri Fateh Singh, R/o Village
Bassi Chandan Singh, Post Lasada, Tehsil Garhi, District Banswara.
----Petitioners
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 939 / 2017
1. Vishnu Prakash S/o Shri Phool Chand Yadav, Aged About 42
Years, R/o GH-16-A, Bhawani Nagar, Murlipura, Sikar Road,
Vidhyadhar Nagar, Jaipur.
2. Mahesh Kumar Saini S/o Shri Sawar Mal Saini, Aged About 38
Years, R/o Village Dayra, Post Khandela, Srimadhopur, District
Sikar.
3. Murlidhar Saini S/o Shri Nathu Lal Saini, Aged About 47 Years,
R/o 36, Laxminayayan Vihar, Mangiryawas, Ward No. 08, Badi
Dhani, Thoi, District Sikar.
4. Babu Lal Saini S/o Shri Sanwar Mal Saini, Aged About 35 Years,
R/o Village Dayara, Post Khandela, District Sikar.
(2 of 13)
[WCP-896/2017]
----Petitioners
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 946 / 2017
1. Vishnu Dutt Sharma S/o Shri Kamal Narayan Sharma, Aged
About 46 Years, R/o Village Mukhena, Post Bhootauli, Tehsil Weir,
District Bharatpur.
2. Roshan Lal Sharma S/o Shri Mohan Lal Sharma, Aged About 42
Years, R/o Village Newada, Via Chhounkawada, Tehsil Bhusawar,
District Bharatpur.
3. Vishnudutt Sharma S/o Shri Shyam Sundar Sharma, R/o
Village- Post Hingoniya, Tehsil Phulera, Via Jobner, District Jaipur.
4. Dinesh Chandra Indoliya S/o Shri Mahesh Chandra Sharma, R/o
Village- Post Rundal, Via Morija, District Jaipur.
----Petitioners
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 962 / 2017
1. Jagnnath Singh S/o Shri Ram Karan Singh, Aged About 31
Years, R/o Behind Bus Depot, Baragama Road, Naga Ki Chavani,
Hindauncity, District Karauli.
(3 of 13)
[WCP-896/2017]
2. Pradeep Kumar Sharma S/o Shri Shiv Charan Lal Sharma, Aged
About 42 Years, R/o Village Rugghapura, Post Sundarpura, Tehsil
& District Karauli.
3. Mohan Lal Sharma S/o Shri Manohar Lal Sharma, Aged About
36 Years, R/o Behind of Shanti Niketan School, Vardhaman Nagar,
Hindauncity, District Karauli.
4. Manoj Kumar Singh S/o Shri Niranand Singh, Aged About 35
Years, R/o Near Matiya Mahal, Buswara Para, Hindauncity, District
Karauli.
5. Gopal Lal Shukla S/o Shri Kalyan Prasad Shukla, Aged About 34
Years, R/o in Front of Bayana Mode Krishna Colony, Hindauncity,
District Karauli.
6. Jitendra Kumar Sharma S/o Shri Ram Avatar Sharma, Aged
About 28 Years, R/o Bayana Mode Krishna Colony, House No. 153,
Hindauncity, District Karauli.
7. Bhagvan Sahay Sharma S/o Shri Jagdish Prasad Sharma, Aged
About 34 Years, R/o Village-Post Nagla Brijlal (Kair), Tehsil
Bayana, District Bharatpur.
8. Narendra Kumar Sharma S/o Shri Ramswaroop Sharma, Aged
About 38 Years, R/o Village Sherpur, Tehsil Hindauncity, District
Karauli.
----Petitioners
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 964 / 2017
1. Sriram Sharma S/o Shri Ram Kishore Shastri, R/o Advocate
Bhanwarlal Garg, Near Maharaj Hotel, Behind Police Line, District
Bhilwara.
2. Kamal Kant Saini S/o Gendalal, Aged About 41 Years, R/o
Bayana Gate, Weir, District Bharatpur.
3. Umesh Chand Goyal S/o Shri Babulal Goyal, Aged About 44
(4 of 13)
[WCP-896/2017]
Years, R/o C/o Goyal Medical Store Weir, District Bharatpur.
4. Shashikant Agarwal S/o Shri Ramavtar Agarwal, Aged About 36
Years, R/o Kalsada, Tehsil Bayaria, District Bharatpur.
5. Tarun Kumar Sharma S/o Shri Yadram Sharma, Aged About 33
Years, R/o Tehsil Weir, District Bharatpur.
6. Arvind Kumar Pandey S/o Shri Govind Narayan Pandey, Aged
About 37 Years, R/o Garh Khera, Tehsil Nadoli, District Karauli.
----Petitioners
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 1080 / 2017
1. Raj Kumar Bhargava S/o Shri Ram Swaroop Bhargava, Aged
About 39 Years, R/o Village-Post Lawa, Tehsil Malpura, District
Tonk.
2. Mahendra Kumar Sharma S/o Shri Pooranmal Sharma, Aged
About 40 Years, R/o Village-Post Bholi Diggi, Tehsil Malpura,
District Tonk.
----Petitioners
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
(5 of 13)
[WCP-896/2017]
S.B. Writ Contempt No. 1081 / 2017
Mukesh Kumar Sharma S/o Shri Kanwar Prasad Sharma, Aged
About 41 Years, R/o Anand Bhawan, 2-A, Shivpuri, Gangapur City,
District Sawaimadhopur.
----Petitioner
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 1082 / 2017
Pooran Singh S/o Shri Gopal Singh, Aged About 41 Years, R/o
Bajrang Colony, Near Dashera Maidan, Gangapur City, District
Sawaimadhopur.
----Petitioner
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 1083 / 2017
Dharmendra Gupta S/o Shri Radheyshyam Gupta, Aged About 37
Years, R/o Bara Sachiwalya Colony, Tonk Fatak, Jaipur.
----Petitioner
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
(6 of 13)
[WCP-896/2017]
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 1084 / 2017
Sanjay Mishra S/o Shri Rewti Raman, Aged About 35 Years, R/o
House No. A-70, New Jawahar Nagar, Kota.
----Petitioner
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 1085 / 2017
1. Kapil Dev Singh S/o Shri Malkhan Singh, age about 37 year,
R/o Village Milkipura, Post Khangri, Tehsil Nadbai, District
Bharatpur.
2. Rakesh Kumar Bhardwaj S/o Shri Rajendra Kumar, age about
35 years, R/o Anchi Ki Dhani, Gudha Road, Tehsil Baswa,
Bandikui, District Dausa.
----Petitioner
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
(7 of 13)
[WCP-896/2017]
----Respondents
S.B. Writ Contempt No. 1086 / 2017
1. Ashok Kumar S/o Shri Banna Ram, Aged About 41 Years, R/o
Dhana Mohalla, Mathania, District Jodhpur.
2. Lokesh Kumar Ojha S/o Shri Vishnudutt Ojha, Aged About 40
Years, R/o 172, Adrash Nagar, Pali.
----Petitioners
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 1087 / 2017
1. Ved Prakash Sharma S/o Shri Ram Gopal Sharma, Aged About
35 Years, R/o Village- Post Paota, Tehsil Mahwa, District Dausa.
2. Rajendra Kumar Jangid S/o Shri Ramjilal Jangid, Aged About 35
Years, R/o Behind Sanskrit College, Nehru Colony, Lalsot, Dausa.
----Petitioners
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
(8 of 13)
[WCP-896/2017]
S.B. Writ Contempt No. 1088 / 2017
Bharat Bhushan Sharma S/o Shri Laxmi Narayan Sharma, Aged
About 40 Years, R/o Village-Post Kyarda Kallan, Tehsil Hindaun
City, Tehsil Hindaun City, District Karauli.
----Petitioner
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 1102 / 2017
Mohammed Raja S/o Shri Abdul Whab, age about 35 years, R/o
District Board Ki Haweli, Near Vinay Talkies, Malpura, District
Tonk.
----Petitioner
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 1103 / 2017
Beni Prasad Vyas son of Shri Jagdish Chandra Vyas, age about 39
years, R/o Chatikna Mohalla (Parashar Gali), Karauli, District
Karauli.
----Petitioner
Versus
(9 of 13)
[WCP-896/2017]
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
S.B. Writ Contempt No. 1104 / 2017
1. Anand Prakash Nagar S/o Shri Laxmichand Nagar, R/o
Village-Post Bajrang Garh, Tehsil Kishangarh, District Bara.
2. Laxmikant Nagar S/o Shri Khemraj Nagar, R/o Chartapura,
Tehsil Sangod, District Kota.
3. Jitendra Kumar Sharma S/o Shri Babulal Sharma, age about
36 years, R/o Janak Colony, Mahwa, District Dausa.
4. Hemendra Kumar sharma S/o Shri Manohar Lal Sharma, R/o
Near Narsingh Ji Ka Mandir, Baswa, Dausa.
5. Rajesh Kumar Sharma s/o Shri Satyanarain Sharma, age
about 44 years, R/o 123/322, Agrawal Firms, Mansarover, Jaipur.
6. Ashok Kumar Nagar S/o Shri Durga Shankar Nagar, R/o
Bajrang Gate, Kishanganj, Bara.
7. Sunita Jana D/o Anil Kumar Jana, age about 40 years, R/o
164/163, Pratap Nagar, Sanganer, Jaipur.
8. Bhanwar Nagar s/o Shri Virdhi Lal Nagar, R/o Village Padli,
Bajrang Garh, Kishanganj, Kota.
----Petitioner
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
(10 of 13)
[WCP-896/2017]
S.B. Writ Contempt No. 1105 / 2017
Narottam Kumar Sharma S/o Shri Kedar Lal Sharma, R/o House
No.32/491, Sector-3, Pratap nagar, Sanganer, Jaipur.
----Petitioner
Versus
1. Smt. Veenu Gupta, Principal Secretary, Medical and Health
Department, Secretariat, Jaipur.
2. Shri Naveen Jain, Director, Medical Health and Family Welfare
Services, Government of Rajasthan, Jaipur.
3. Shri Ramniwas Jat, Additional Director, Medical Health and
Family Welfare Services, Government of Rajasthan, Jaipur.
4. State of Rajasthan Through Secretary, Medical and Health
Department, Government of Rajasthan, Jaipur.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Mahaveer Bishnoi
For Respondent(s) : Mr. Parvez for Mr. Rajesh Panwar, AAG
_____________________________________________________
HON'BLE MS. JUSTICE NIRMALJIT KAUR
Order 12/09/2017 All the above contempt petitions shall stand decided by this common order as the issue involved therein is identical.
Admittedly, the identical contempt petitions (WCP No.391/2017 & other connected matters) have been decided by this Court vide order dated 04/09/2017. In the said contempt petitions, the following order was passed :-
"All the above contempt petitions shall stand decided by this common order as the contempt petitions have been filed for alleged violation of the same order.
The following directions were issued vide order dated 07.12.2016:
"1] The posts which were advertised under the advertisement dated 04.05.2007 shall be (11 of 13) [WCP-896/2017] filled up strictly on the basis of district-wise merit lists, which were prepared for the candidates who had applied under the said advertisement in each district; meaning thereby that no candidate who has applied subsequently under the advertisement of 08.08.2007 (which was later on withdrawn) or under advertisement pursuant to notification dated 15.04.2008 would be included in the said list and appointment shall be made accordingly for 2500 posts of GNM distributed all over State of Rajasthan; 2] As the advertisement dated 08.08.2007 was withdrawn and immediately thereafter notification dated 15.04.2008 was issued, which required to fill up only 3704 posts in Rajasthan instead of 6172 posts advertised earlier, without there being any bifurcation made, I direct that the State Government shall now take into consideration all the posts of GNM which were available up to 15.04.2008 under the NRHM scheme for the State of Rajasthan, distributing them all over 34 districts and fill them from candidates who had applied under the advertisement dated 08.08.2007 or under the advertisement issued by each district pursuant to notification dated 15.04.2008 as pointed out by the counsel for the respondents by giving example of Barmer district.
3] The State Government shall conduct an exercise finding out total number of posts available up to 15.04.2008 and bifurcating them district-wise and fill them accordingly by preparing district-wise merit lists from among candidates who had applied either under the advertisement dated 08.08.2007 or under the advertisements issued in pursuance of notification dated 15.04.2008 by various districts.
4] Such exercise of preparing merit lists district-wise shall be done within a period of one month. If any candidate has any objection, he would submit his grievance to the concerned District CMHO. After examining such objections and deciding the same, for which 15 days are allowed to CMHOs, final merit list for appointment to GNMs in the district shall be published within one month thereafter and appointments will accordingly be given to the candidates. Those who have already been appointed and (12 of 13) [WCP-896/2017] are working and their names find place again in the district-wise merit list, shall not be disturbed while those who had been ousted on account of revised merit list, shall be given appointment and notional benefit, if so available as per the scheme.
5] It has been pointed out and informed to this Court that a subsequent advertisement dated 28.01.2016 was issued wherein 3167 posts of GNM were advertised. However, it has been informed that this Court has already restrained respondents from filling up those posts till the exercise is conducted in terms of order passed by the Full Bench, in separate proceedings in S.B. Civil Writ Petition No.392/2016; therefore, I need not delve further on it".
Compliance report has been filed. As per the compliance report, a committee was constituted vide order 01.05.2017 under the Chairmanship of Additional Mission Director (NHM) which has issued the provisional merit list district wise/ category wise and also issued the cut off marks of the relevant district and it has been uploaded same day on the website of the department. It is also stated that the department also provided 15 days (04.05.2017 to 20.05.2017) to the candidates regarding any objections pertain to the aforesaid provisional list and cut off marks. Subsequently, after considering the objections raised by the candidates till 20.05.2017 and the details of the disposal of the objections with redressal is also uploaded on the website of the department. The Additional Mission Director (NHM) vide orders dated 19.07.2017, 20.07.2017, 21.07.2017, 27.07.2017, 01.08.2017 and 04.08.2017 issued the final merits lists of all the districts.
In view of above, this court finds that the order dated 07.12.2016 has been fully complied with. Hence, no contempt is made out. Accordingly, the contempt petitions are dismissed. The rule issued is discharged.
At this stage, it is vehemently contended by learned counsel for the petitioners that there were as many as 6172 posts but the respondents have filled only 3704 posts and they have not determined the same as per the directions issued by this court.
Perusal of direction reveals that discretion was left to the State Government to conduct an exercise to finding out total number of posts available up to 15.04.2008. The respondents have determined the posts to be 3704 and filled up 3704 posts so determined.
(13 of 13) [WCP-896/2017] This court cannot go beyond the directions of the court issued on 07.12.2016. However, in case, the petitioners are aggrieved with the method of determination of the posts or that the number of the posts have been wrongly determined, they are at liberty to challenge the same in accordance with law. "
In view of the same, the present contempt petitions are also disposed of in the same terms . The Rule is discharged.
(NIRMALJIT KAUR), J.
sanjaysolanki,pa82 to 95 & 4 Coppl.