Rajasthan High Court - Jodhpur
Boduram Gurjar vs State Of Rajasthan on 22 October, 2020
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11192/2020
1. Boduram Gurjar S/o Maliram Gurjar, Aged About 24 Years, R/o Dhani Radhan Pepload Narayan, Devipura, Shahpura, District Jaipur, Rajasthan Pin Code- 303103, Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
2. Gajanand Kudi S/o Kalyan Shahay Kudi, Aged About 23 Years, R/o Village Bugaliya, Tehsil Amer, District Jaipur, Rajasthan, Pin Code-303701 Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
3. Anil Kumar Godara S/o Bankaram Choudhary, Aged About 28 Years, R/o V/p Ramderiya, Via- Sanawara, District Barmer, Rajasthan Pincode- 344708.
4. Badal Singh S/o Vijendra Singh, Aged About 23 Years, R/o Ramnagar Colony, Malpura, Tonk, Rajasthan, Pin Code - 304502 Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
5. Keval Dhirj S/o Rajendra Kumar, Aged About 26 Years, R/o Chak 26 Rwda, Gandheli, District Hanumangarh, Rajasthan, Pin Code 335523.
6. Bhanwar Lal Patel S/o Keval Ram Patel, Aged About 30 Years, R/o Makan No 633, Uttesar Road,tehsil Luni,district Jodhpur,pin Code -342801.
7. Srivatsan S. S. Jyotsum S/o J. V. Seshadri Sekar, Aged About 24 Years, R/o 2C, Pocket D, Sfs Flats, Mayur Vihar Phase 3, East Delhi, Delhi, Pin Code 110096 Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
8. Mahendra Kumar Yadav S/o Girdhari Lal Yadav, Aged About 24 Years, R/o Dhani Modik Village Kardka Tehsil Shrimadhopur Sikar Rajasthan, Pin Code 332719, Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
9. Prem Dhayal D/o Teekuram Dhayal, Aged About 25 Years, R/o. Kuli Khacharitawas, Tehsil Danta Ramghr, District Sikar, Rajasthan, Pin Code 332710, Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, (Downloaded on 22/10/2020 at 08:51:22 PM) (2 of 5) [CW-11192/2020] Pin Code - 334001.
10. Minakshi Saini D/o Surgyan Saini, Aged About 25 Years, R/o Opp. Laxman Dharm Kata, Morija Road, Chomu, District Jaipur, Rajasthan, Pin Code 303702, Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
11. Priya Goyal D/o Suraj Goyal, Aged About 23 Years, R/o 28 Himaat Nagar,bhoop Colony,sriganganagar, Rajasthan,pincode 335001, Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
12. Manish Yadav S/o Sh. Nemi Chand Yadav, Aged About 23 Years, R/o V/p Etawa Bhopji, Tehsil Chomu, District Jaipur, Rajasthan, Pin Code 303804, Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
13. Ravi Meena S/o Vishram Singh Meena, Aged About 22 Years, R/o Meena Mohalla, Malla Ka Bas, Jaoli, Alwar, Rajasthan Pin Code - 321607, Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
14. Surendra Yadav S/o Hanuman Sahai, Aged About 23 Years, R/o V/p Kalyanpura Tehsil Paota, Districtjaipur Rajasthan 303107, Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
15. Gourav Swami S/o Sunil Dutt Swami, Aged About 23 Years, R/o Ward No.2,taranagar, District Churu, Rajasthan, Pin Code 331304.
16. Ravi Raj S/o Raj Kumar Yadav, Aged About 22 Years, R/o V/p Raipur Ahiran,tehsil -Buhana , District-Jhunjhunu, Rajasthan, Pin Code-333515 Presently Residing At Sp Medical College Rd, Pbm Hospital, Bikaner, Rajasthan, Pin Code - 334001.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Department Of Medical And Health Education, Govt. Of Rajasthan, Jaipur.
2. Rajasthan Medical Council, Government Dispensary (Downloaded on 22/10/2020 at 08:51:22 PM) (3 of 5) [CW-11192/2020] Campus, Near Sahkar Bhawan, Sardar Patel Marg, Jaipur.
3. The Director (Public Health), Medical And Health Services, Govt. Of Rajasthan, Jaipur.
4. Rajasthan University Of Health Science, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur.
5. The Coordinator, Medical Officer (Medical) Recruitment Examination- 2020, Rajasthan University Of Health Science, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur.
6. Rajasthan University Of Health Science, Through Its Principal, Sector-18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur.
----Respondents For Petitioner(s) : Ms. Shretima Bagri, through Cisco Webex For Respondent(s) : Mr. KS Rajpurohit, AAG Mr. Rajat Arora JUSTICE DINESH MEHTA Order 22/10/2020
1. Ms. Shretima Bagri, learned counsel appearing for the petitioners while fairly pointing out that coordinate Bench at Jaipur has decided the basic controversy against the petitioners, submits that many of the grounds, which have been raised in the present writ petition were not raised and thus, could not be considered in the bunch of the matters decided on 12.10.2020.
2. Ms. Bagri informs that against the order dated 12.10.2020 an appeal was preferred and the matter has been heard by a Division Bench and order has been reserved.
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3. She further submits that in a number of petitions at Principal seat as well as Jaipur Bench interim orders have been passed and those petitions are pending and interim orders continuning.
4. Learned counsel submits that if the petitioners are not allowed to take part in the examination, it would lead to anomalous position inasmuch as the similarly situated candidates would be taking part in the recruitment process on the strength of interim orders, while the petitioners having provisional registration will be deprived of such opportunity.
5. In view of the aforesaid and considering that tomorrow is the last date of furnishing application and petitioners are having provisional certificate of registration and further because the matter has already been heard by a Division Bench, this Court is inclined to grant indulgence and pass a rather innocuous order of provisionally permitting the petitioners to take part in the ensuing recruitment process.
6. Issue notice. Issue notice of the stay application also, returnable on 5.11.2020.
7. Mr. KS Rajpurohit, learned AAG is directed to accept notice on behalf of the respondent-State and Mr. Mahendra Bishnoi, who usually appears for the respondent RUHS is directed to accept notice on behalf of the respondent RUHS.
8. Learned counsel for the petitioner is directed to supply two sets of paper book to learned AAG and to Mr. Mahendra Bishnoi each within a period of two days from today.
9. Meanwhile, the respondents shall permit the petitioners to submit their off-line application form and allow them to take part in the ongoing recruitment process for the post of Medical Officer.
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10. It is directed that the result of the petitioners shall not be declared without the leave of the Court.
11. Needless to observe that merely because the interim order has been passed in the presence of learned AAG, the State/respondent shall not be precluded from filing stay vacation application.
(DINESH MEHTA),J 101-CPGoyal/-
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