Rajasthan High Court - Jodhpur
Suman Choudhary vs State Of Rajasthan on 23 March, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
(1 of 11) [CW-3882/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 3882/2021 Suman Choudhary D/o Shri Himmat Singh Choudhary, Aged About 25 Years, R/o 17-A/1, Nehru Nagar , Distt. Barmer , Rajasthan .
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary , Department Of Medical Health And Family Welfare , Government Of Rajasthan , Jaipur .
2. The Special Secretary, Medical Health Department And Mission Director , Nham , Rajasthan , Jaipur
----Respondents Connected With (2) S.B. Civil Writ Petition No. 3999/2021
1. Ram Prasad Dawola S/o Anop Ram Dawola, Aged About 27 Years, R/o Village Barni Kalan, Tehsil Bhopalgarh, Dist. Jodhpur, Raj.
2. Sanju Choudhary D/o Sohan Lal, Aged About 27 Years, R/o Bada Kalla, Tehsil Bilara, Dist. Jodhpur, Raj.
3. Sukhdev Bhati S/o Banshi Lal Bhati, Aged About 25 Years, R/o Bhati Karshi Farm Dhandhora Road, Soyala, Tehsil Baori, Dist. Jodhpur, Raj.
4. Mahipal Godara S/o Kheta Ram, Aged About 25 Years, R/o Mata Ji Ki Bhakhri Bhinyad, Tehsil Sheo, Dist. Barmer, Raj.
5. Ram Niwas Budiya S/o Surendra Vishnoi, Aged About 26 Years, R/o Guda Vishoniyan, Tehsil Luni, Dist. Jodhpur, Raj.
6. Pinky D/o Bhanwar Lal Vishnoi, Aged About 28 Years, R/o C/263 Saraswati Nagar, Ist Phase, Jodhpur, Raj.
7. Saddam Husain S/o Sajan Khan, Aged About 31 Years, R/o Manji Ka Tala, Post Kundanpura, Tehsil Sedwa, Dist. Barmer, Raj.
8. Mohmmad Rafik Khan S/o Nemate Khan, Aged About 25 Years, R/o Vpo Dabla, Tehsil And Dist. Jaisalmer , Raj.
9. Om Prakash S/o Lakshaman Ram, Aged About 24 Years, (Downloaded on 24/03/2021 at 08:47:29 PM) (2 of 11) [CW-3882/2021] R/o Vpo Sherpur, Tehsil Sedwa, Dist. Barmer, Raj.
10. Virendra Kumar S/o Virdha Ram, Aged About 27 Years, R/o Nimbli Goliyar, Tehsil Chouthan Dist. Barmer, Raj.
----Petitioners Versus
1. State Of Rajasthan, Through Additional Chief Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Mission Director, National Health Mission, Medical Health And Family Welfare Department (Nhm), Swasthya Bhawan C-Scheme, Tilak Marg, Jaipur.
3. Special Secretary Of Government, Medical Health F.w.
Department, And Mission Director, Nhm, Rajasthan, Jaipur.
4. Project Director, National Health Mission, Swastya Bhawan C-Scheme, Tilak Marg, Jaipur.
----Respondents (3) S.B. Civil Writ Petition No. 4022/2021
1. Dharmendra Patel S/o Shri Gopa Ram Patel, Aged About 24 Years, R/o Doli , Tehsil Luni Distt. Jodhpur (Raj.)
2. Ashok S/o Shri Budha Ram, Aged About 28 Years, R/o Sarechan , Tehsil Luni Distt. Jodhpur (Raj.)
3. Prem Kumar Mali S/o Shri Govind Ram, Aged About 26 Years, R/o Sadawata , Tehsil Phalodi , Distt. Jodhpur (Raj.)
4. Shankra Ram S/o Shri Heera Ram, Aged About 24 Years, R/o Alawara , Tehsil Sayala , Distt. Jalore (Raj.)
5. Shahjad Ali S/o Shri Chhitar Ali, Aged About 37 Years, R/o Menpura Sawai Madhopur , Distt. Sawai Madhopur (Raj.)
6. Rahul Rathore S/o Shri Harimohan Rathore, Aged About 23 Years, R/o Vinod Khurd , Tehsil Sangod Distt. Kota (Raj.)
7. Kavita Prajapat D/o Shri Chanpalal, Aged About 24 Years, R/o E-168, Hudko Quarter , Kamla Naheru Nagar , Distt. Jodhpur (Raj.)
8. Rekha Ram S/o Shri Kesa Ram, Aged About 25 Years, R/o Doongarwa , Tehsil Bagora Distt. Jalore (Raj.) (Downloaded on 24/03/2021 at 08:47:29 PM) (3 of 11) [CW-3882/2021]
9. Laxmi Patel D/o Shri Vaja Ram, Aged About 24 Years, R/o Pali Sadak Jaitpur , Tehsil Rohat Distt. Pali (Raj.)
10. Krishan Bhai S/o Shri Panna Ram, Aged About 28 Years, R/o Marwari Kalbiyon Ka Goliya , Distt. Jalore (Raj.)
----Petitioners Versus
1. The State Of Rajasthan, Through Its Special Secretary , Medical And Family Welfare Department And Mission Director Nhm , Govt. Secretariat , Jaipur (Raj.)
2. Director, National Health Mission , Swasthya Bhawan , Tilak Marg , C-Scheme , Jaipur (Raj.)
3. Additional Director (Administration), Department Of Medical And Health Service , Rajasthan , Medical Directorate , Jaipur (Raj.)
----Respondents (4) S.B. Civil Writ Petition No. 4037/2021
1. Ganpat Singh Karvasara S/o Ratana Ram, Aged About 35 Years, R/o 122 Godara Basti, Arwa, Post Bhimguda, Tehsil Sanchore, Dist. Jalore, Raj.
2. Ranveer Bishnoi S/o Babu Lal, Aged About 29 Years, R/o Vpo Shobhala Drashan, Sedwa, Dist. Barmer, Raj.
3. Ram Kishan S/o Harlal, Aged About 42 Years, R/o Vishnoiyon Ki Dhani, Cheetradi, Panoria, Dist. Barmer, Raj.
4. Mohan Lal Jangoo S/o Bhakhara Ram Jangoo, Aged About 40 Years, R/o Vpo Koja, Dist. Barmer, Raj.
5. Rma Narayan S/o Dhima Ram, Aged About 26 Years, R/o Vpo Bhanwar, Tehsil Sedwa, Dist. Barer, Raj.
6. Om Prakash S/o Bhawar Lal, Aged About 24 Years, R/o Siyol Nagar, Tehsil Bapini, Dist. Jodhpur, Raj.
7. Rameshwar S/o Pukh Raj, Aged About 23 Years, R/o Siyolo Ki Dhani, Shri Laxman Nagar, Tehsil Phalodi, Dist. Jodhpur.
----Petitioners Versus
1. The State Of Rajasthan, Through Additional Chief Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.
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2. Mission Director, National Health Mission, Medical Health And Family Welfare Department (Nhm), Swasthya Bhawan, C-Sheme, Tilak Marg, Jaipur.
3. Special Secretary Of Government, Medical Health F.w.
Department And Mission Director, Nhm, Rajasthan, Jaipur.
4. Project Director, National Health Mission, Swastya Bhawan, C-Scheme, Tilak Marg, Jaipur.
----Respondents (5) S.B. Civil Writ Petition No. 4238/2021 Anish S/o Shri Nishar Mohd. Choudhary, Aged About 35 Years, R/o Badi Road Village Bhavi, Block Bilara, District Jodhpur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Chief Secretary, Secretariat, Jaipur, Rajasthan.
2. Special Secretary, Medical Health And Family Welfare Department And Mission Director-Nhm, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan. 302005
3. Secretary, Medical Health And Family Welfare Department, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur, Rajasthan. 302005 Rajasthan Jaipur.
----Respondents (6) S.B. Civil Writ Petition No. 4246/2021
1. Ganpat Lal S/o Dharma Ram Mali, Aged About 27 Years, R/o Vpo Bhatala, Tehsil Sindhari, Dist. Barmer , Raj.
2. Suresh Puri S/o Jeth Puri, Aged About 23 Years, R/o Vpo Loonawas, Tehsil Bogara, Dist. Jalore, Raj.
3. Bhoma Ram S/o Budha Ram, Aged About 29 Years, R/o Bhatala Sara, Tehsil Sindhari Dist. Barmer, Raj.
4. Ganga Ram Dara S/o Gordhan Ram Dara, Aged About 43 Years, R/o Village Pur Tehsil Sanchore, Dist. Jalore, Raj.
5. Derama Ram Vishnoi S/o Sanwata Ram, Aged About 10 Years, R/o Ranodar, Tehsil Chitalwana, Dist. Jalore, Raj.
6. Narayan Ram Vishnoi S/o Raghunath Ram Vishnoi, Aged About 26 Years, R/o Village Vishnu Nagar, Koliyana, Tehsil Dhorimanna, Dist. Barmer, Raj.
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7. Mohan Lal Choudhary S/o Ganga Ram Choudhary, Aged About 34 Years, R/o Village Bhimthal, Tehsil Dhorimanna, Dist. Barmer, Raj.
8. Sohan Lal S/o Ladhu Ram, Aged About 38 Years, R/o Mishri Ki Beri Lukhu, Tehsil Dhorimanna, Dist. Barmer, Raj.
9. Sangeeta D/o Netha Ram, Aged About 24 Years, R/o Village Ishwar Nagar Samrao, Tehsil Osisan, Dist. Jodhpur, Raj.
----Petitioners Versus
1. State Of Rajasthan, Through Additional Chief Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Mission Director, National Health Mission, Medical Health And Family Welfare Department, (Nhm), Swasthya Bhawan C-Scheme, Tilak Marg, Jaipur.
3. Special Secretary Of Government, Medical Health F.w.
Department, And Mission Director, Nhm, Rajasthan, Jaipur.
4. Project Director, National Health Mission, Swastya Bhawan, C-Scheme, Tilak Marg, Jaipur.
----Respondents (7) S.B. Civil Writ Petition No. 4282/2021
1. Mukesh Kumar S/o Bhiya Ram, Aged About 29 Years, R/o Dungri, Tehsil Chitalwana, Dist. Jalore Raj.
2. Lumbha Ram S/o Prahlad Ram, Aged About 28 Years, R/o Village Jalikhera, Post Khudala, Dist. Barmer, Raj.
3. Bhoora Ram Poonia S/o Durga Ram Poonia, Aged About 40 Years, R/o Ogala, Dist. Barmer, Raj.
4. Bhanwar Lal S/o Magna Ram, Aged About 41 Years, R/o Motpura, Tehsil Bap, Dist. Jodhpur, Raj.
5. Abdul Samad S/o Sher Mohammed, Aged About 27 Years, R/o Inside Badi Pol, Jalore Dist. Jalore, Raj.
6. Usha Choudhary W/o Ramniwas, Aged About 30 Years, R/o 20B Veer Teja Nagar, Bhadwasiya Road, Jodhpur, Raj.
----Petitioners
Versus
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1. The State Of Rajasthan, Through Additional Chief
Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Mission Director, National Health Mission, Medical Health And Family Welfare Department (Nhm), Swasthya Bhawan C-Scheme, Tilak Marg, Jaipur.
3. Special Secretary Of Government, Medical Health F.w.
Department And Mission Director, Nhm, Rajasthan, Jaipur.
4. Project Director, National Health Mission, Swastya Bhawan C-Scheme, Tilak Marg, Jaipur.
----Respondents (8) S.B. Civil Writ Petition No. 4349/2021 Jagdish Bishnoi S/o Shri Gordhan Ram Bishnoi, Aged About 35 Years, R/o 104, Mahaveer Nagar, Kuri Bhagtasani, Basni 1St Phase, Jodhpur.
----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Department Of Medical And Health, Govt. Of Rajasthan, Secretariat, Jaipur.
2. Special Secretary, Department Of Medical And Health Cum Mission Director, Nhm, Swasthaya Bhawan, Tilak Marg C-Scheme , Jaipur.
3. The Director, Medical And Health Services, Rajasthan, Jaipur.
----Respondents (9) S.B. Civil Writ Petition No. 4396/2021
1. Labhoo Ram S/o Shri Sanwla Ram, Aged About 24 Years, Resident Of Meda Brahman, Tehsil-Bagoda District Jalore (Raj.).
2. Manju Patel D/o Shri Vagta Ram Patel, Aged About 24 Years, Resident Of 23, Patelo Ka Bas, Basni Silvata, Tehsil-Luni District Jodhpur (Raj.).
3. Ramkesh Mali S/o Shri Amar Ram, Aged About 27 Years, Resident Of Haripura, Needar, Tehsil-Mandrayal District Karauli (Raj.).
4. Thakara Ram S/o Shri Jodha Ram, Aged About 26 Years, Resident Of Vada Bhadvi, Bagoda, District Jalore (Raj.).
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5. Ashok Kumar S/o Shri Bhikha Ram, Aged About 30 Years, Resident Of Sewari, Bagoda, District Jalore (Raj.).
6. Kishan Lal S/o Shri Virdha Ram, Aged About 26 Years, Resident Of Naya Mahadev Nagar, Sindhaswa Harniyan Aratwav, Tehsil Gudamalani, District Barmer (Raj.).
----Petitioners Versus
1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.).
2. Director, National Health Mission, Swasthya Bhawan, Tilak Marga, C-Scheme, Jaipur (Raj.).
3. Additional Director (Administration), Department Of Medical And Health Service, Rajasthan, Medical Directorate, Jaipur (Raj.).
----Respondents (10) S.B. Civil Writ Petition No. 4830/2021 Rajesh Kalirana S/o Pura Ram Choudhary, Aged About 25 Years, Village Jajiwal Jakhara, Post Jajiwal Kallan, Via Banar District Jodhpur.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Department Of Medical And Health, Govt. Of Rajasthan, Secretariat, Jaipur.
2. Special Secretary, Department Of Medical And Health Cum Mission Director, Nhm, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
3. The Director, Medical And Heatlh Services, Rajasthan, Jaipur.
----Respondents (11) S.B. Civil Writ Petition No. 4873/2021
1. Prem Singh S/o Naj Singh, Aged About 27 Years, R/o Modrdi Sundra Gadra Road, Barmer, Dist. Barmer, Raj.
2. Suman Vishnoi S/o Ram Singh, Aged About 22 Years, R/o Rugji Ka Bera Jud, Tehsil Tiwri, Dist. Jodhpur, Raj.
3. Guddi D/o Bhagirath Ram, Aged About 24 Years, R/o (Downloaded on 24/03/2021 at 08:47:29 PM) (8 of 11) [CW-3882/2021] Village Jad, Tehsil Tiwari, Dist. Jodhpur, Raj.
4. Manisha Vishnoi S/o Maka Ram Vishnoi, Aged About 27 Years, R/o Bhatala Sara, Tehsil Sindhari Dist. Barmer, 54, Rajiv Nagar Mahamandir, Dist. Jodhpur, Raj.
5. Sohni D/o Banshi Lal, Aged About 38 Years, R/o 118, Vishnu Nagar Behind Rto Office, Jodhpur, Raj.
6. Sangita Vishnoi W/o Jagdish Vishnoi, Aged About 23 Years, R/o Akikholi Cherai, Dist. Jodhpur, Raj.
7. Sharwan Kumar S/o Prema Ram, Aged About 33 Years, R/o Singh Nagar Gilakore, Gilakor Dist. Jodhpur, Raj.
8. Sharda D/o Bachna Ram, Aged About 32 Years, R/o Village Surpura, Malamsingh Ke Seer, Dist. Jodhpur, Raj.
9. Umesh Vishnoi S/o Kalu Ram, Aged About 23 Years, R/o Vishnu Nagar Surani, Dist. Jodhpur, Raj.
10. Naresh Kumar S/o Sanga Ram, Aged About 26 Years, R/o Village Nehro Ki Nadi, Tehsil Chohtan, Dist. Barmer, Raj.
11. Rakesh Vishnoi S/o Deva Ram, Aged About 23 Years, R/o Village And Post Phinch, Tehsil Luni, Dist. Jodhpur, Raj.
12. Mukesh Kumar S/o Jesa Ram, Aged About 22 Years, R/o Chando Ki Dhani, Tehsil Sindhari, Dist. Barmer, Raj.
13. Kumbha Ram Saran S/o Gokla Ram Saran, Aged About 25 Years, R/o Genaniyo Ka Tala Doodhu, Tehsil Dhorimanna, Dist. Barmer, Raj.
14. Prem Prakash Saran S/o Choona Ram, Aged About 39 Years, R/o Sarano Ki Dhani Ekalkhori Cherai, Dist. Jodhpur, Raj.
15. Sanita W/o Dinesh, Aged About 26 Years, R/o Khasra No. 240 Arihant Nagar Khokhariya, Dist. Jodhpur, Raj.
16. Priyanka W/o Goverdhan Choudhary, Aged About 27 Years, R/o 55/2 Plot No. 3 Saran Nagar-B Road, Jodhpur, Dist. Jodhpur, Raj.
17. Arti Devi W/o Ramlaxman, Aged About 27 Years, R/o Near Government School Maderna Colony, Jodhpur, Dist. Jodhpur, Raj.
18. Manish Vishnoi S/o Khinya Ram Vishnoi, Aged About 24 Years, R/o Khokhariya, Tehsil Pipar, Dist. Jodhpur, Raj.
----Petitioners
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Versus
1. The State Of Rajasthan, Through Additional Chief
Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Mission Director, National Health Mission, Medical Health And Family Welfare Department (Nhm), Swasthya Bhawan C-Scheme, Tilak Marg, Jaipur.
3. Special Secretary Of Government, Medical Health F.w.
Department And Mission Director, Nhm, Rajasthan, Jaipur.
4. Project Director, National Health Mission, Swastya Bhawan C-Scheme, Tilak Marg, Jaipur.
----Respondents For Petitioner(s) : Mr. Kuldeep Mathur Mr. Tanwar Singh Mr. Jitendra Choudhary Mr. Sumer Singh Mr. Anshul Jakhar For Respondent(s) : Ms. Vandana Bhansali Mr. Idrish Mohd.
JUSTICE DINESH MEHTA Order 23/03/2021
1. By way of present bunch of writ petitions, the petitioners have raised a grievance that the respondents are not considering their candidature in "OBC-NCL" category.
2. It is the assertion of petitioners that, at the time of submitting application forms, they had submitted their OBC-NCL certificates and later on during document verification they submitted their latest OBC-NCL certificates alongwith additional affidavits, that they had furnished a valid certificate, yet the respondents have kept their candidature in abeyance, though provisional select list has been issued.
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3. Ms. Bhansali, learned counsel for the respondents has placed for perusal of the Court a communication dated 19.03.2021 issued by the Special Secretary, Medical and Health Department, and pointed out that the State has taken an in-principal decision to consider this genuine grievance of the candidates on online portal, if the same has been submitted by 15.03.2021.
4. A scanned copy of the communication dated 19.03.2021 is pasted hereunder for ready reference.
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5. It is the specific case of the petitioners that they have submitted their grievance on online portal. They submitted that the respondents be directed to consider such grievance(s) in terms of the above communication dated 19.03.2021.
6. In the opinion of this Court, the respondents should not keep the petitioners' face in suspended animation for a long time.
7. The writ petitions stand disposed of with a direction to the respondents to deal with petitioners' grievance in terms of the above communication dated 19.03.2021 in accordance with law, preferably within a period of two weeks from today.
8. Needless to observe that, if any of the petitioner'(s) grievance(s) still remains, he/she shall be free to take appropriate remedies, including filing a fresh writ petition.
9. Stay application also stands disposed of.
(DINESH MEHTA),J 57-67 & 189-Rahul/-
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