Rajasthan High Court - Jaipur
Rizwan Chishty S/O-Shri-Abdul Gaffar vs The State Of Rajasthan ... on 11 February, 2026
[2026:RJ-JP:6538]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9301/2021
Mohan Lal Sharma S/o-Shri-Manohar Lal Sharma, Aged About 45
Years, R/o- Vardhaman Nagar, Shanti Niketan School, Hindaun
City, Hindaun, Dist- Karauli, Raj.
----Petitioner
Versus
1. The State Of Rajasthan, Through Principal Secretary,
Medical And Health Department And Mission Director
(Nhm), Secretariat, Jaipur.
2. The Special Secretary To Government Medical And Health
And Mission Director (Nhm), Nhm Headquarter, Swasthya
Bahwan, Tilak Marg, C-Scheme, Jaipur.
----Respondents
Connected With S.B. Civil Writ Petition No. 4719/2021 Anil Kumar S/o Hardyal Singh, Aged About 35 Years, R/o Vpo Narhar, Teh. Chirawa, Jhunjhunu, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.
2. The Special Secretary To Government Medical Health And Family Welfare Department, Nhm Headquarter, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
----Respondents S.B. Civil Writ Petition No. 9156/2021 Nisha Bai Meena Daughter Of Shri Ram Swaroop Meena, Wife Of Shri Anil Kumar Meena, Aged About 32 Years, Resident Of Village Jawli Ka Badh, Post Baswa, Tehsil Baswa, District Dausa (Raj.)
----Petitioner Versus
1. State Of Rajasthan, Through Its Special Secretary, Medical Health And Family Welfare Department And Mission Director Nhm, Govt. Secretariat, Jaipur (Raj.) (Uploaded on 13/03/2026 at 01:17:08 PM) (Downloaded on 13/03/2026 at 09:49:47 PM) [2026:RJ-JP:6538] (2 of 8) [CW-9301/2021]
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.).
4. Superintendent, Sawai Man Singh Hospital, Jaipur (Raj.)
----Respondents S.B. Civil Writ Petition No. 9322/2021 Shivsingh Meena S/o-Shri Bhambal Ram Meena, Aged About 28 Years, R/o-Village-Ratiyapura,dist-Karuli, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.
2. The Special Secretary To Government, Medical And Health And Mission Director (Nhm),nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.
----Respondents S.B. Civil Writ Petition No. 9326/2021 Rizwan Chishty S/o-Shri-Abdul Gaffar, Aged About 38 Years, R/o- Mataji Road,indragarh,bundi,dist-Bundi,raj.
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.
2. The Special Secretary To Government Medical And Health And Mission Director (Nhm), Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.
----Respondents S.B. Civil Writ Petition No. 9327/2021 Pushpendra Jatav S/o-Shri-Raju Lal, Aged About 27 Years, R/o- Mahmadpuriyan Ka Pura ,post-Bajana Kalan,tehs-Hindaun City,dist-Karuli,raj.
----Petitioner (Uploaded on 13/03/2026 at 01:17:08 PM) (Downloaded on 13/03/2026 at 09:49:47 PM) [2026:RJ-JP:6538] (3 of 8) [CW-9301/2021] Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.
2. The Special Secretary To Government Medical And Health And Mission Director (Nhm), Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.
----Respondents S.B. Civil Writ Petition No. 9332/2021 Pintu Verma S/o-Shri Vishanu Reigar, Aged About 26 Years, R/o- Reigaro Ka Mohalla, Fagi, Tehs- Fagi, Dist- Jaipur, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.
2. The Special Secretary To Government Medical And Health And Mission Director (Nhm), Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.
----Respondents S.B. Civil Writ Petition No. 9344/2021 Kailashi Gurjar D/o-Shri-Rambux Gurjar, Aged About 26 Years, R/o-Karoliyo Ka Mohalla, Lasariya, Bhilwara, Dist-Bhilwara, Raj.
----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.
2. The Special Secretary To Government, Medical And Health And Mission Director (Nhm), Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.
----Respondents S.B. Civil Writ Petition No. 9573/2021 Jai Devi Meena D/o Shri Uttam Singh W/o Bharat Singh, Aged About 31 Years, R/o Kondar, Post-Kondar, Tehsile And Dist- Karauli, Raj.
----Petitioner (Uploaded on 13/03/2026 at 01:17:08 PM) (Downloaded on 13/03/2026 at 09:49:47 PM) [2026:RJ-JP:6538] (4 of 8) [CW-9301/2021] Versus
1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department And Mission Director (Nhm), Secretariat, Jaipur.
2. The Special Secretary To Government, Medical And Health And Mission Director (Nhm), Nhm Headquarter, Swasthya Bahwan, Tilak Marg, C-Scheme, Jaipur.
----Respondents For Petitioner(s) : Mr. Naveen Dhuwan Mr. Bajrang Sepat for Ms. Komal Kumari Giri For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Pulkit Bhardwaj and Mr. Deepak Mittal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/02/2026
1. All these writ petitions were filed by different petitioner(s) but they have raises common question of law, so they are being considered together and are being decided by this common order.
2. These writ petitions are filed by the petitioner(s) with following prayer:-
In S.B. Civil Writ Petition No. 9301/2021:-
"A. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the Certificate issued by the medical Board under the Rules of 2017.
B. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the candidature of the petitioner in PH Category and kindly be given appointment on the post of CHO.
C. Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner.
(Uploaded on 13/03/2026 at 01:17:08 PM) (Downloaded on 13/03/2026 at 09:49:47 PM) [2026:RJ-JP:6538] (5 of 8) [CW-9301/2021] In S.B. Civil Writ Petition No. 4719/2021:-
"A. By Appropriate writ order or directions in the nature thereof and thereby direct the respondents to conduct the medical examination of the petitioner from a Independent medical board having more experts.
B. By Appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the candidature of the petitioner in PH Category, if in the medical examination petitioner disability found more then 40%.
C. By Appropriate writ order or directions in the nature thereof and thereby direct the respondents include the name of the petitioner in the final list in PH category if the total marks of the petitioner came out more than the cut off marks fixed for PH category.
D. Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner."
In S.B. Civil Writ Petition No. 9156/2021:-
"i. to consider Candidature of petitioner under O.B.C. NCL Male Category and disabled person category according to permanent disability certificate dated 07.06.2018 and being meritorious, given appointment to petitioner on the post of Community Health Officer under advertisement dated 31.08.2020 in the larger interest of justice.
ii. Any other order or direction which this Hon'ble Court deems fit and proper looking to the facts and circumstances may also kindly be passed in favour of the petitioners."
In S.B. Civil Writ Petition No. 9322/2021:-
"A. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the candidature of the petitioner in PH Category for the post of CHO.
B. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to give appointment the petitioner on the post of CHO with all consequential benefits.
(Uploaded on 13/03/2026 at 01:17:08 PM) (Downloaded on 13/03/2026 at 09:49:47 PM) [2026:RJ-JP:6538] (6 of 8) [CW-9301/2021] C. Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner.
In S.B. Civil Writ Petition No. 9326/2021:-
"A. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the Certificate issued by the medical Board under the Rules of 2017.
B. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the candidature of the petitioner in PH Category and kindly be given appointment on the post of CHO.
C. Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner."
In S.B. Civil Writ Petition No. 9327/2021:-
"A. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the candidature of the petitioner in PH Category for the post of CHO.
B. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to give appointment the petitioner on the post of CHO with all consequential benefits. C. Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner.
In S.B. Civil Writ Petition No. 9332/2021:-
"A. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the Certificate issued by the medical Board under the Rules of 2017.
B. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the candidature of the petitioner in PH Category for the post of CHO.
C. By appropriate writ order or directions in the nature thereof and thereby direct the respondents (Uploaded on 13/03/2026 at 01:17:08 PM) (Downloaded on 13/03/2026 at 09:49:47 PM) [2026:RJ-JP:6538] (7 of 8) [CW-9301/2021] to give appointment the petitioner on the post of CHO with all consequential benefits. D. Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner."
In S.B. Civil Writ Petition No. 9344/2021:-
"A. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the candidature of the petitioner in PH Category for the post of CHO.
B. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to give appointment the petitioner on the post of CHO with all consequential benefits. C. Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner.
In S.B. Civil Writ Petition No. 9573/2021:-
"A. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the Certificate issued by the medical Board under the Rules of 2017.
B. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to consider the candidature of the petitioner in PH Category for the post of CHO.
C. By appropriate writ order or directions in the nature thereof and thereby direct the respondents to give appointment the petitioner on the post of CHO with all consequential benefits. D. Any other order or direction which may be considered just and proper in the facts and circumstances of the case may be passed in favour of the Petitioner."
2. Learned counsel for the petitioner(s) submit that the controversy involved in these writ petitions has already been considered by the Division Bench of this Hon'ble Court in D.B. Special Appeal Writ No. 572/2023 : State of Rajasthan and (Uploaded on 13/03/2026 at 01:17:08 PM) (Downloaded on 13/03/2026 at 09:49:47 PM) [2026:RJ-JP:6538] (8 of 8) [CW-9301/2021] Ors. Vs. Sunita and bunch of petitions at Principal Seat, Jodhpur and issue has finally been decided, therefore, these writ petitions may be disposed of in terms of the judgment passed in case of State of Rajasthan and Ors. Vs. Sunita (supra).
3. Learned Additional Advocate General admits that the issue was decided by a Division Bench of this Hon'ble Court at Principal Seat, Jodhpur but he also apprised that the State of Rajasthan has challenged the order dated 31.08.2024 by preferring SLP (Diary) No.59164/2025 : State of Rajasthan Vs. Sunita and same is pending before the Hon'ble Supreme Court. He submits that the writ petition may be disposed, subject to modification and outcome of the SLP pending before the Hon'ble Supreme Court.
4. Having considered the submissions of learned counsel for the parties and the material placed on record, these writ petitions are disposed in terms of judgment dated 31.08.2024 passed by the Division Bench of this Court at Principal Seat, Jodhpur in case of State of Rajasthan and Ors. Vs. Sunita (supra), subject to modification or outcome of the SLP preferred by the State of Rajasthan before the Hon'ble Supreme Court of India.
5. With the aforesaid, these writ petitions stand disposed with pending application, if any.
(ASHOK KUMAR JAIN),J MR/47 to 55 (Uploaded on 13/03/2026 at 01:17:08 PM) (Downloaded on 13/03/2026 at 09:49:47 PM) Powered by TCPDF (www.tcpdf.org)