Rajasthan High Court - Jodhpur
Suresh Kumar And Ors vs State Of Rajasthan And Ors on 19 December, 2018
Equivalent citations: AIRONLINE 2018 RAJ 1315
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 14497/2017
1. Suresh Kumar S/o Shri Mangu Ram Kumawat, R/o
Village-Post A.p. Kalu, Tehsil Jaitaran, District Pali.
2. Vinod Kumar Sharma S/o Shri Prem Chand Sharma, R/o
Village Mahu Khurd, Post Mahu Kallan, Tehsil Gangapur
City, District Sawaimadhopur.
3. Tarun Kumar Sharma S/o Shri Yadram Sharma, R/o Tehsil
Weir, District Bharatpur.
4. Kamal Kant Saini S/o Shri Gendalal, R/o Bayana Gate,
Weir, District Bharatpur.
5. Devendra Yadav S/o Shri Ghishiram Yadav, R/o Village-
Post Dantra Mohalla, Bayana Gate, Wair, District
Bharatpur.
6. Shashikant Agarwal S/o Shri Ramavtar Agarwal, R/o
Kalsada, Tehsil Bayaria, District Bharatpur.
7. Ashwani Puri S/o Shri Moolpuri, R/o Outside Usta Barri,
Darjiyo Ki Talai Ke Pass, Bikaner.
8. Satya Prakash Seetha S/o Shri Ghanshyam Seetha, R/o
146, Raj Vihar Colony, Alanpur Link Road, Near Dashera
Maidan, Sawai Madhopur.
9. Pramod Kumar Sharma S/o Shri Ramesh Chand Sharma,
R/o Village-Post Jatwara, Tehsil Bassi, District Jaipur.
10. Mahendra Kumar Gaur S/o Shri Kailash Chand Gaur, R/o
Village-Post Kohrana, Tehsil Bahror, District Alwar.
11. Rakesh Pandiya S/o Shri Shanker Lal Pandiya, R/o Village
Bamanwada, Post Rajol, Via Semari, District Udaipur.
12. Ravindra Singh S/o Shri Lal Singh Shaktawat, R/o Near
Girls Secondary School, Village-Post Semari, Tehsil
Semari, District Udaipur.
13. Pawan Kumar Parashar S/o Shri Prem Chand Sharma, R/o
Village Mahu Khurd, Post Mahu Kallan, Tehsil Gangapur
City, District Sawaimadhopur.
14. Hakamdeen Khan S/o Shri Subana Khan, R/o Village Bada
Bass, Post Boontoli, Tehsil Laxmangarh, District Alwar.
15. Pawan Kumar Maharshi S/o Shri Shankarlal, R/o Ward No.
9, Near Chhogamal Banka School, Taranagar, District
Churu.
(2 of 41)
16. Manoj Kumar Choudhary S/o Shri Nand Kishor
Choudhary, R/o Village-Post Pachala, Tehsil Uniyara,
District Tonk.
17. Lal Chand Saini S/o Shri Jawahara Ram Saini, R/o Bagholi
Ki Dhani, Khanedi, Via-Sarai Surpura, Tehsil Udaipurwati,
District Jhunjhunu.
18. Abdul Sattar S/o Shri Syed Deen Mohammed, R/o Village
Bagholi, Via-Sarai Surpura, Tehsil Udaipurwati, District
Jhunjhunu.
19. Prahlad Ray S/o Shri Jailal, R/o Village Bairsar Bara, Post
Jaitpura, Tehsil Rajgarh, District Churu.
20. Brijesh Kumar Sharma S/o Shri Madan Lal Sharma, R/o
Dhakhad Colony, Jaipur Road, Todarai Singh, District
Tonk.
21. Mohammed Yousuf S/o Shri Anwer Ali, R/o Imam Chowk
Mohalla, Sodat Malpura, District Tonk.
22. Amar Singh Saini S/o Shri Man Singh Saini, R/o Village
Nagariya, Post Newara, Tehsil Bhushawar, District
Bharatpur.
23. Vijendra Kumar Saini S/o Late Shri Dhanpal Saini, R/o
Village Makhan Kanahla, Post Sonkhari, Tehsil Kathumar,
District Alwar.
24. Ganesh Kumar Sharma S/o Shri Radhey Shyam Sharma,
R/o Narsingh Colony, Near Ram Karan Bidi Factory,
Gangapur City, District Sawaimadhopur.
25. Pawan Kishore Sharma S/o Shri Raj Kishore Sharma, R/o
Opposite Old T.b. Hosiptal, Jaswant Nagar, District
Bharatpur
26. Rajesh Kumar Sharma S/o Shri Chandrabhan Sharma,
R/o Usha Mandir Ke Pass, Bhitar Badi, Tehsil Bayana,
District Bharatpur.
27. Chatarbhuj Upadhaya S/o Shri Shiv Charan Lal Sharma,
R/o Village-Post Singhara, Tehsil Bayana, District
Bharatpur.
28. Ram Mohan Sharma S/o Shri Madan Mohan Sharma, R/o
Near Old Laxman Mandir, Rupala Paysa, Mohalla Bharano,
District Bharatpur.
29. Mahinder Kumar Saini S/o Shri Pyarelal Saini, R/o Village-
Post Palanhera, Tehsil Mahuwa, District Dausa.
(3 of 41)
30. Waseem Ahmed S/o Shri Abdul Azeem, R/o Badi Masjid
Ke Pass, Imam Chowk, Malpura, Tonk.
31. Lokesh Sharma S/o Shri Ramanuj Sharma, R/o Shivpuri
Block-B, Saloda Road, Gangapur City, District Sawai
Madhopur.
32. Maruti Kirshn Sharma S/o Shri Nathulal Sharma, R/o Udai
Mode, Lata Gali, Near Primary School, Gangapur City,
District Sawaimadhopur.
33. Arvind Kumar Sharma S/o Shri Gopal Krishan Sharma,
R/o Village Choump, Via Morija, Tehsil Amer, District
Jaipur.
34. Giriraj Mishra S/o Shri Ram Kishori Mishra, R/o B-58,
Mahesh Nagar, Jaipur.
35. Rohit Shukla S/o Shri Ram Babu Shukla, R/o Mohan
Nagar, New Telephone Colony, Hindauncity, District
Karauli.
36. Dinesh Kumar Sain S/o Shri Laxmi Narayan Sain, R/o B-
140, Mahesh Nagar, Jaipur.
37. Hari Om Sharma S/o Shri Manohar Lal Sharma, R/o
13/405, Kaveri Path, Mansarowar, Jaipur.
38. Niranjan Lal Sharma S/o Shri Badri Prasad Sharma, R/o
B-40, Vijay Nagar-Ii, Kartarpura, Jaipur.
39. Lalit Kumar Sharma S/o Shri Bhagwan Sahai, R/o
Backside Munsif Magistrate Court, Guda Katla Road, Bandi
Kui, Tehsil Baswa, District Dausa.
40. Laxmi Kant S/o Shri Daleep Singh, R/o Village Sheopura,
Post Ojatoo, District Jhunjhunu.
41. Om Prakash Sharma S/o Shri Radhey Shyam Sharma, R/o
C/o Ganga Prasad Choudhary, Plot No. 8, Behind N.b.c.
Factory, Park View Colony, Khatipura Road, Jaipur.
42. Rajesh Vashisth S/o Shri Om Prakash Sharma, R/o
Village-Post Salempur Khurd, Tehsil Wair, District
Bharatpur.
43. Altaf Hussain S/o Shri Mohammed Tofique, R/o Near
Senior Secondary School, Aligarh, District Tonk.
44. Mahendar Saini S/o Shri Leela Ram Saini, R/o Village-Post
Kharkhara, Tehsil Khetri, District Jhunjhunu.
45. Prahlad Kumar Sharma S/o Shri Hajari Lal Sharma, R/o
Village-Post Ramgarh, Tehsil Mahuwa, District Dausa.
(4 of 41)
46. Sanjay Kumar Sharma S/o Shri Bajrang Lal Sharma, R/o
185/225, Pratap Nagar, Sanganer, Jaipur.
47. Raj Kumar S/o Shri Basant Kumar, R/o Sankhu Road,
Dhanroop Nagar, Rajgarh, District Churu.
48. Rajesh Kumar S/o Shri Umeed Singh, R/o Village Harpalu
Ramdhan, Post Harpalu, Tehsil Rajgarh, District Churu.
49. Naresh Kumar Sharma S/o Shri Suresh Chand Sharma,
R/o Near Gurudwara, Indra Colony, Bajariya, District
Sawaimadhopur.
50. Girdhari Lal Sharma S/o Shri Premraj Sharma, R/o
Brahampuri Railway Colony, Plot No. 39, Bajariya, District
Sawaimadhopur.
51. Anupam Gautam S/o Shri Madan Lal Gautam, R/o Ruchi
Kirana Store, Near Old Bob, Bajariya, District
Sawaimadhopur.
52. Swetal Kumar Trivedi S/o Shri Radhey Shyam Trivedi, R/o
Khatwa Road, Shyam Bhawan, Ganpati Nagar, Lalsot,
Dausa.
53. Dulichand S/o Shri Satyanarayan Sharma, R/o Village-
Post Badbirana, Tehsil Nohar, District Hanumangarh.
54. Kumbha Ram S/o Shri Banwari Lal, R/o Village-Post
Badbirana, Tehsil Nohar, District Hanumangarh.
55. Umesh Chandra Samadhiya S/o Shri Late Shri Kailash
Chandra Samadhiya Sharma, R/o Pathano Ki Masjid Ke
Pass, Chatikana, District Karauli.
56. Rajendra Kumar Saini S/o Shri Hariram Mali, R/o Village
Mubarak Nagar, Post-Shop, Tehsil Uniyara, District Tonk.
57. Om Prakash S/o Shri Ramrakh Bishnoi, R/o C-01, Rajiv
Nagar, Mahamandir, Jodhpur.
58. Kulveer S/o Shri Gharsiram Khati, R/o Village-Post
Malsisar, Tehsil Bhadra, District Hanumangarh.
59. Mukesh Kumar S/o Shri Bharat Singh, R/o Village-Post
Chak Chidiya Gandhi, Post Gandhi Badi, Tehsil Bhadra,
District Hanumangarh.
60. Naveen Jhajhria S/o Shri Om Prakash Jhajhria, R/o
Village-Post Janana, Tehsil Bhadra, District Hanumangarh.
61. Kailash Sihag S/o Shri Brijlal Sihag, R/o Village Baramsar,
Tehsil Rawatsar, District Hanumangarh.
62. Panchu Lal S/o Shri Hukma Keer, R/o House No. 356,
(5 of 41)
Sector No. 03, Ward No. 27, District Hanumangarh Town.
63. Sarfaraz Ahamed Khan S/o Shri Sharif Khan, R/o Bahter,
New Colony, Tehsil Malarna Doonger, District
Sawaimadhopur.
64. Satish Chandra Sharma S/o Shri Shambu Dayal Sharma,
R/o Laxmi Villash, Near Adarsh Vidya Deep School,
Parshuram Marg, Shiv Colony, Dausa.
65. Anurag Sharma S/o Shri Ramroop Sharma, R/o C-35,
Vyash Bhawan, Panchayat Samiti Road, Dausa.
66. Indira Suthar W/o Shri Kamlesh Suthar, R/o New Housing
Board, Modern School, Sector-5, House No. 5/108,
Dungarpur.
67. Atiqurrheman Pahat S/o Shri Mohammed Rafique, R/o
Village Roopbas, Post Kakrala, Tehsil Nagar, District
Bharatpur.
68. Deepak Kumar S/o Shri Inder Kumar, R/o 7-E-4,
Pawanpuri South Extension, Bikaner.
69. Anuj Kumar Sharma S/o Shri Sohan Lal Sharma, R/o
Village Post Jaliya Second, Tehsil Bijai Nagar, District
Ajmer.
70. Harun Moahmmed Shekh S/o Shri Hasinu Doin Shekh,
R/o Village Sawa, Tehsil And District Chittorgarh.
71. Ashok Kumar S/o Shri Niranjan Lal, R/o Dergi Pada
Gandhi Chowk, Bayana, District Bharatpur.
72. Surendra Singh S/o Shri Ram Singh Verma, R/o Chota
Bazar, Masalpur, Tehsil Masalpur, District Karauli.
73. Syed Ansar Ahmed Naqvi S/o Shri Anwar Ali, R/o Mohalla
Sadat Fazal Ke Rehmat Colony, Malpura, District Tonk.
74. Nadeem S/o Shri Abdul Naeem, R/o Mohalla Julahan Pani
Ki Tanki Ke Pass, District Tonk.
75. Kamla Sihag D/o Shri Shiv Narayan Sihag, R/o Village
Dhani Tetarwal, Post Shimla, Tehsil Sardarshar, District
Churu.
76. Netrapal Singh S/o Shri Jahan Singh, R/o Village Nagla
Chahar, Post Aou, Tehsil Deeg, District Bharatpur.
77. Rakesh Kumar Bajiya S/o Shri Richhpal Jat, R/o Dhani
Pilyanki, Village Khejroli, Tehsil Chomu, District Jaipur.
78. Paras Ram Chopra S/o Shri Meghraj Jat, R/o Village Gavar
Jatan, Post Dadiya, Via Vatika, District Jaipur.
(6 of 41)
79. Jayantilal Bhatt S/o Shree Kishan Bhatt, R/o Post Akoli,
Via Bagra, District Jalore.
80. Silochana Kumari D/o Shri Goru Ram W/o Shri Pratap
Singh, R/o Village Silarpuri, Post Ghardhana Kala, Via
Singhana, Tehsil Buhana, District Jhunjhunu.
81. Govind Sharma S/o Shri Dharni Dhar Sharma, R/o
Village-Post Paota, Tehsil Mahwa, District Dausa.
82. Kuldeep Sharma S/o Shri Ramesh Chand Sharma, R/o
Village Post Paota, Tehsil Mahwa, District Dausa.
83. Brijesh Kumar Sharma S/o Shri Khemraj Sharma, R/o
Village Post Katkad, Tehsil Hindauncity, District Karauli.
84. Laxmi Narayan Verma S/o Shri Satyanarayan Verma, R/o
House No. 383, Chobe Colony, Behind Drde, Ward No. 3,
District Karauli.
85. Kumari Manesh D/o Shri Harphool Singh W/o Shri
Budhram Nehra, R/o Village Nehra Ki Dhani, Post
Chanana, Tehsil Chirawa, District Jhunjhunu.
86. Indra Kumari D/o Shri Goru Ram W/o Shri Jai Singh, R/o
Village Shilarpuri, Post Ghardhana, Tehsil Bhuhana,
District Jhunjhunu.
87. Ram Ray Sharma S/o Shri Bajrang Lal Sharma, R/o
Baraganv Mohalla, Ward No. 18, Malpura, District Tonk.
88. Ravi Kant Kaushik S/o Shri Kishori Lal Sharma, R/o
Village-Post Kalyanpura, Via Thoi, District Sikar.
89. Satyanarayan Dhakar S/o Shri Ladhuram Dhakar, R/o
Village-Post Bhanwata, Tehsil Todaraisingh, District Tonk.
90. Hemendra Kumar Sharma S/o Shri Manohar Lal Sharma,
R/o Near Narsinghji Ka Mandir, Baswa, District Dausa.
91. Rajendra Purohit S/o Shri Ramkaran Purohit, R/o
Pradhano Ka Mohalla, Phagi, Tehsil Phagi, District Jaipur.
92. Mahendra Kumar Sharma S/o Shri Chhetarmal Sharma,
R/o Village-Post Morija, Tehsil Chomu, District Jaipur.
93. Ganpat Lal Sharma S/o Shri Nathuram Sharma, R/o
Village-Post Bhanpur Kalan, Via Amer, Tehsil Jamwa
Ramgarh, District Jaipur.
94. Anil Kumar Sharma S/o Shree Surajmal Sharma, R/o
Village-Post Bagaro Ka Bass, Post Kishanpura, Via Badhal,
Tehsil Chomu, District Jaipur.
95. Dharmendra Kumar Sharma S/o Shri Kailash Chand, R/o
(7 of 41)
Bichhi Dona, Via Malarana Station, District
Sawaimadhopur.
96. Narendra Sharma S/o Shri Kailash Chand Sharma, R/o
Dungari, Via Malarana Station, Tehsil Khandar, District
Sawaimadhopur.
97. Yogesh Kumar Panchouli S/o Shri Ram Prasad Sharma,
R/o Village Pipali, Tehsil Bamanwas, District
Sawaimadhopur.
98. Chander Shekhar Panchouli S/o Shri Ram Prasad Sharma,
R/o Village Pipali, Tehsil Bamanwas, District
Sawaimadhopur.
99. Raj Kumar Gupta S/o Shri Bhagwati Prasad Gupta, R/o
Udaimore, Ram Nagar A Near Lata House, Gangapur City,
District Sawaimadhopur.
100. Abdul Layeek S/o Shri Abdul Khaliq, R/o Manihare
Mohalla, Near Kailash Dharamshala, District
Sawaimadhopur.
101. Manish Kumar Jain S/o Shri Mahesh Chand Jain, R/o Near
Telephone Exchange, Opp. Tata Indicom Tower, Sidharth
Nagar, Hindauncity, District Karauli.
102. Tariq Iqbal S/o Shri Jan Mohammed Khan, R/o 1/81, Van
Vihar Colony, Eidgah Housing Board, Delhi By Pass,
Jaipur.
103. Mohammed Kasim S/o Shri Abdul Gani, R/o Masjid Ke
Pass, Hammal Mohalla City, District Sawaimadhopur.
104. Ahateshamuddin S/o Shri Kayamuddin, R/o Ansari
Mohalla, District Sawaimadhopur.
105. Radheyshyam Shyaam S/o Shri Hansraj, R/o Vpo
Kishanpura Utrada, Tehsil Sangaria, District
Hanumangarh.
106. Brij Mohan Mali S/o Shri Ramlal Mali, R/o Village-Post
Udaipura, Tehsil Sikrai, District Dausa.
107. Khema Ram S/o Shri Virdha Ram, R/o Village-Post
Udsiyar, Shobhala Jetmal, Tehsil Chouhtan, Barmer.
108. Laxmi Narayan S/o Shri Ghanshyam Choudhary, R/o
Village-Post Bhimjee, Tehsil Baytu, District Barmer.
109. Mohammed Raja S/o Shri Abdul Whab, R/o District Board
Ki Haweli, Near Vinay Talkies, Malpura, District Tonk.
110. Sanjay Mishra S/o Shri Rewti Raman, R/o House No. A-
(8 of 41)
70, New Jawahar Nagar, Kota.
111. Kamlesh Kumar Joshi S/o Shri Kailash Chandra Sharma,
R/o Village-Post Kalakho, Tehsil And District Dausa.
112. Narottam Kumar Sharma S/o Shri Kedar Lal Sharma, R/o
House No. 32/491, Sector-3, Pratap Nagar, Sanganer,
Jaipur.
113. Satya Narayan Sharma S/o Shri Kailash Chand Sharma,
R/o Village Bamanpura, Post Karsai, Tehsil And District
Karauli.
114. Shiv Kumar Sharma S/o Shri Madan Lal Sharma, R/o
Village-Post Ucchain, Rudawal Road, Vyas Colony, District
Bharatpur.
115. Vahid Hussain S/o Shri Rafik Ahamed, R/o Near Bharu
Dan Kothari Bungalow Ke Pass, Rani Bazar, Bikaner.
116. Dharmendra Gupta S/o Shri Radhey Shyam Gupta, R/o
Bara Sachiwalya Colony, Tonk Fatak, Jaipur.
117. Uma Shankar Sain S/o Shri Gopal Lal, R/o Village-Post
Paota, Tehsil Mahwa, District Dausa.
118. Piyosh Kumar Vyas S/o Shri Chauthmal Vyas, R/o Vyas
Sadan New Bus Stand, Shahpura, District Jaipur.
119. Beni Prasad Vyas S/o Shri Jagdish Chandra Vyas, R/o
Chatikna Mohalla Parashar Gali, District Karauli.
120. Pankaj Sharma S/o Shri Prahlad Kumar Sharma, R/o
2834, Sachiwalya Nagar, Seetapura, Sanganer, Jaipur.
121. Rajesh Kumar Sharma S/o Shri Babulal Sharma, R/o Near
G.d. Spring Bell School, Shivpuri B Shaloda Mode,
Gangapur City, District Sawaimadhopur.
122. Laxmi Kant Nagar S/o Shri Khem Raj Nagar, R/o Village
Chatwpura, Tehsil Sangod, District Kota
123. Ashok Kumar Sharma S/o Shri Ram Prakash Sharma, R/o
Plot No. 22, Tripti Vihar, Vansthali Mode, Chainpura,
Niwai, Dist. Jaipur
124. Manzoor Hassan Naqvi S/o Shri Maqvool Hussain, R/o
Behind Sharma Aara Machine, Kota Road, Malpura Road,
District Tonk.
125. Giriraj Mishra S/o Shri Ram Kishore Mishra, R/o B-58,
Mahesh Nagar, 80 Feet Road, Jaipur.
126. Rajesh Kumar Sharma S/o Shri Satya Prakash Sharma,
R/o 94/166, Mansarowar, Jaipur.
(9 of 41)
127. Kanwar Singh S/o Shri Amer Singh, R/o Village-Post
Bhainslana, Tehsil Kotputli, District Jaipur.
128. Jitender Kumar Mishra S/o Shri Prabhu Dayal Mishra, R/o
Gandhi Chowk, Malakhera, Tehsil Malakhera, District
Alwar.
129. Sumita Jana W/o Luswar Sameer Kaley, R/o Sector 16,
263/264, Pratap Nagar, Jaipur.
130. Ved Prakash Sharma S/o Shri Ram Gopal Sharma, R/o
Village-Post Paota, Tehsil Mahwa, District Dausa.
131. Rajendra Kumar Jangid S/o Shri Ramji Lal Jangid, R/o
Behind Of Sanskrit College, Nehru Colony, Lalsot, District
Dausa.
132. Bhanwar Nagar S/o Shri Virdhi Lal Nagar, R/o Village
Pandali, Post Bajranggarh, Distt Baran.
133. Ashok Kumar Nagar S/o Shri Durga Shankar Nagar, R/o
Village-Post Bajranggarh, Tehsil Kishanganj, District
Baran.
134. Jitendra Kumar Sharma S/o Shri Babu Lal Sharma, R/o
Mahua, District Dausa.
135. Anant Prakash Nagar S/o Shri Laxmi Chandra Nagar, R/o
Village-Post Bajranggarh, Tehsil Kishanganj, District
Baran.
136. Narpat Singh Choudhary S/o Shri Chimna Ram, R/o
Gandhi Nagar, Barmer.
137. Surendra Kumar S/o Shri Dalu Ram Choudhary, R/o
Kishan Kanya Satrawas, Baldev Nagar, Barmer.
138. Lalu Ram S/o Shri Mangla Ram, R/o Gandhi Nagar,
Barmer.
139. Madan Gopal Sharma S/o Shri Ganga Lahari Sharma, R/o
House No. 138, Indra Colony, Alwar.
140. Dawarka Ram S/o Shri Natha Ram, R/o Village-Post Kurla,
Barmer.
141. Mohan Lal Thory S/o Shri Gumna Ram Thory, R/o Village-
Post Khatu, Baytu, District Barmer.
142. Nand Kishor S/o Shri Chena Ram, R/o Shidoniyo Ki Dhani,
Kagav, Tehil And District Barmer.
143. Brijesh Kumar Sharma S/o Shri Madan Lal Sharma, R/o
Dhakad Colony, Todaraisingh Jaipur Road, District Tonk.
144. Govind Prasad Sharma S/o Shri Bhagwati Lal Sharma,
(10 of 41)
R/o Village Vatda, Post Langra, Tehsil Mandrayal, District
Karauli.
145. Ruchir Sharma S/o Shri Lal Chand Sharma, R/o 47/2,
Prem Nagar, Foysagar Road, Ajmer.
146. Navratna Lakhera S/o Shri Ram Swaroop Lakhera, R/o
Panda Ka Mohalla, Vpo Phagi, District Jaipur.
147. Rawta Ram S/o Shri Virma Ram, R/o Rawatsar, Tehsil And
District Barmer.
148. Prahlad Ram S/o Shri Kanvara Ram, R/o Village-Post
Lookhan Ka Tala, Gangasra, District Barmer.
149. Ranaram S/o Shri Kesa Ram, R/o Ward No. 30, Backside
Mi Factory, Samdari Road, Balotra, District Barmer.
150. Riddhaish Kumar Jaiman S/o Shri Yogesh Kumar Jaiman,
R/o Village-Post Mojpur, Tehsil Laxmangarh, District
Alwar.
151. Navanit Kumar Rathore S/o Shri Mangilal Rathore, R/o
Ram Dwara Mohalla, Khanpur, Dev Narayan Mandir Ke
Samne, Jhalawar.
152. Deevan Singh S/o Shri Natthi Singh, R/o Station Road
Bagra, District Jalore.
153. Gopal Krishan Sharma S/o Shri Bhagwat Prasad Sharma,
R/o Bus Stand Road Bagra, District Jalore.
154. Manoj Kumar S/o Shri Kailash Chand Sharma, R/o
Village-Post Gopalgarh, Tehsil Pahari, District Bharatpur.
155. Om Prakash Sharma S/o Shri Bhagwati Prasad Sharma,
R/o Joshi Sadan, Padla Road, Todabhim, District Karauli.
156. Radha Raman Sharma S/o Shri Radhey Shyam Sharma,
R/o House No. C-429, Near Asian Public School, Mahesh
Nagar, Jaipur.
157. Laxmi Narayan S/o Shri Mahendra Singh, R/o Village
Badesara, Post Moroli, Tehsil Deeg, District Bharatpur.
158. Dinesh Kumar S/o Shri Chaina Ram, R/o Ridmal Nagar,
Bhojakaur Peelwa, Tehsil Lohawat, District Jodhpur.
159. Rajesh Kumar Sharma S/o Shri Satya Narayan Sharma,
R/o Plot No. D-51, Street No. 2, Indra Colony, Tehsil
Newai, District Tonk.
160. Yashpal Singh S/o Shri Damodar Lal, R/o Village-Post
Bailara, Tehsil Nadbai, District Bharatpur.
161. Vijay Kumar Sharma S/o Shri Badri Prasad Sharma, R/o
(11 of 41)
Laxmangarh Road, Malakhera, Tehsil Malakhera, District
Alwar.
162. Govind Prasad Tiwari S/o Shri Ram Shankar Sharma, R/o
Village-Post Nagar, District Bharatpur.
163. Ramesh Chandra Sharma S/o Shri Ram Kishore Sharma,
R/o Village-Post Suratpura, Tehsil Lalsot, District Dausa.
164. Satyaveer Singh Punia S/o Shri Kurda Ram Punia, R/o C-
151, Sainik Basti, Churu.
165. Santosh W/o Satyaveer Singh Punia, R/o C-151, Sainik
Basti, Churu.
166. Naresh Kumar S/o Shri Nathu Ram, R/o Dungrana, Tehsil
Bhadra, District Hanumangarh.
167. Navneet Kumar S/o Shri Amilal, R/o Vpo Dungrana, Tehsil
Bhadra, District Hanumangarh.
168. Inderjeet Singh S/o Shri Raja Ram, R/o Vpo
Dungarsinghpura, Tehsil Bhadra, District Hanumangarh.
169. Surender S/o Shri Raja Ram, R/o Vpo Dungarsinghpura,
Tehsil Bhadra, District Hanumangarh.
170. Subhash S/o Shri Hari Singh, R/o Vpo Rakhi, Tehsil
Bhadra, District Hanumangarh.
171. Raj Kumar S/o Shri Hari Singh, R/o Vpo Rakhi, Tehsil
Bhadra, District Hanumangarh.
172. Hemant Kumar Jaga S/o Shri Chunni Lal Jaga, R/o Vpo
Raini, Tehsil Raini, District Alwar.
173. Rajender Singh Beniwal S/o Shri Banwari Lal, R/o Vpo
Kalwas, Tehsil Bhadra, District Churu.
174. Krishan Kumar S/o Shri Shyodana Ram, R/o Vpo
Kanadwas, Tehsil Sardarshahar, District Churu.
175. Manoj Khan S/o Shri Babu Khan, R/o Village Alamsar,
Tehsil Chouhtan, District Barmer.
176. Vishnu Dutt Sharma S/o Shri Shyam Sundar Sharma, R/o
Village-Post Hingoniya, Via Jobner, District Jaipur.
177. Biharilal Ahir S/o Shri Bodu Ram Ahir, R/o Dhani
Gaiskhan, Tehsil Virat Nagar, District Jaipur.
178. Rohitash Kumar Yadav S/o Shri Ramji Lal Yadav, R/o
Dhani Jagannathwali, Post Kasli, Tehsil Kotputli, Jaipur.
179. Girdhari Lal Sankhla S/o Shri Devi Shanker, R/o Village
Dantaramgarh, Ward No. 6, District Sikar.
(12 of 41)
180. Dharmendra Sharma S/o Shri Kailash Narayan, R/o
Village Umada, Tehsil Dataramgarh, District Sikar.
181. Pawan Kumar Gautam S/o Shri Deen Dayal Gautam, R/o
Behind New Bus Stand, Nagar, Bharatpur.
182. Ashutosh Lawaniya S/o Shri Dulichand Lawaniya, R/o
Village-Post Unch, Tehsil Nadbai, District Bharatpur.
183. Rajesh Kumar Sharma S/o Shri Kailash Chand Sharma,
R/o Village-Post Mundawara, District Alwar.
184. Om Prakash S/o Shri Gopal Ram, R/o Village Manewara,
Tehsil Bap, District Jodhpur.
185. Pankaj Sharma S/o Shri Mathuresh Kumar Sharma, R/o
Near Telephone Exchange, Near Mandi, Adarsh Nagar,
Hindaun City, District Karauli.
186. Vinay Gautam S/o Shri Ramesh Chandra Gautam, R/o
Ward No. 24, Village Shitlamata Chaksu, District Jaipur.
187. Vivek Choudhary S/o Shri Dharampal Singh Choudhary,
R/o 4C-278, Jamanapuri Colony, Murlipura Scheme,
Jaipur.
188. Ajay Kumar Sharma S/o Shri Ramcharan Sharma, R/o
Near Water Tank, Teachers Colony, District Dausa.
189. Subhash Chand Bajiya S/o Shri Banwarilal Bajiya, R/o
Villge-Post Thikriya, Via Bawari, Tehsil Khandela, District
Sikar.
190. Kishan Singh Sheshma S/o Shri Pokharmal, R/o Pujari Ka
Bass, Via Jajod Khedi, Tehsil Khandela, District Sikar.
191. Rameshwar Lal Nitharwal S/o Shri Harish Chand, R/o Post
Dhaliyawas Dhani Kakadwali, Via-Srimadhopur, District
Sikar.
192. Mukesh Sharma S/o Shri Banwari Lal Sharma, R/o Post
Chajja Ki Nangal, Via Patan, Tehsil Neem-Ka-Thana,
District Sikar.
193. Umesh Chand Goyal S/o Shri Babulal Goyal, R/o C/o
Goyal Medical Store, Wair, District Bharatpur.
----Petitioners
Versus
1. State Of Rajasthan Through The Principal Secretary,
Medical And Health Services Group-Iii, Government Of
Rajasthan, Secretariat, Jaipur.
2. The Mission Director Nhm, Directorate Of Medical Health
(13 of 41)
And Family Welfare Services, Swasthya Bhawan, C-
Scheme, Tilak Marg, Jaipur.
3. The Additional Mission Director Nhm, Directorate Of
Medical Health And Family Welfare Services, Swasthya
Bhawan, C-Scheme, Tilak Marg, Jaipur.
4. The Project Director Nhm, Directorate Of Medical Health
And Family Welfare Services, Swasthya Bhawan, C-
Scheme, Tilak Marg, Jaipur.
5. The Additional Director Administration, Medical And
Health Services, Rajasthan, Tilak Marg, Swasthya
Bhawan, Jaipur.
----Respondents
Connected With
S.B. Civil Writ No. 16415/2017
1. Bhura Ram S/o Pusa Ram Siyag, R/o Vpo Kherapa, Tehsil
Baori, District Jodhpur.
2. Deewan Singh S/o Natthi Singh, R/o Bus Stand Ke Pass,
Bagra, District Jalore.
3. Narendra Singh Dudi S/o Nathu Ram, R/o Village
Harnawa Pati, Via Bank, Tehsil Parbatsar, District Nagaur.
4. Dhanna Ram Inanya S/o Hari Ram Inanya, R/o
Sankhwas, Tehsil And District Nagaur.
5. Mahendra Singh S/o Sohan Ram, R/o Kameriya, Village
Ganeshpuram Dangawas, District Nagaur.
6. Ganpat Vaishnav S/o Pukhraj Vaishnav, R/o Village And
Post Jasnagar, District Nagaur.
7. Ashok S/o Kanwara Ram Beniwal, R/o Near Public Park,
Vishnu Sagar Road, Merta City, District Nagaur.
8. Nathu Ram S/o Prabhu Ram, R/o Village And Post Didiya
Khurd, Tehsil Jayal, District Nagaur.
9. Ram Kishore S/o Ram Niwas, R/o Village And Post Akeli-
A, Tehsil Merta City, District Nagaur.
10. Manohar Kumar S/o Shivlal, R/o Village 7 Post Dhaneriya
Leel, Tehsil Rinya Badi, District Nagaur.
11. Mohan Ram Potliya S/o Jawan Ram Potliya, R/o Village
Katyasni, Tehsil Merta City, District Nagaur.
12. Parasa Ram S/o Bhaga Ram, R/o Village And Post Morra,
Tehsil Merta City, District Nagaur.
(14 of 41)
13. Mahendra Kumar Malvia S/o Shankar Lal, R/o Tehsil Ke
Samne, Ahore, District Jalore.
14. Govind Tak S/o Ashok Kumar Tak, Tak Bhawan, Staff
Colony, Manasar Choraya, Nagaur.
15. Hariram Dholiya S/o Madan Ram Dohliya, R/o Village And
Post Kharnal, Tehsil Mundwa, District Nagaur.
16. Ramprakash Mundel S/o Mangilal Mundel, R/o Jai Veer
Hanuman Medical And General Store, Village And Post
Dugoli, Tehsil Jayal, District Nagaur.
17. Praveen Kumar Sen S/o Radhey Shyam Sen, R/o Counter
No.3, Govt. Hospital, Kuchaman City, District Nagaur.
18. Yusuf Khan S/o Abdul Wahab Khan, R/o In Front Of New
Eidgah, Khan Mohala, Kuchaman City, District Nagaur.
19. Pushpendra Kumar S/o Kishan Kumar, R/o Khagal
Mohalla, Barmer.
20. Harish Bohra S/o Pukhraj Bohra, R/o C/o Mehta Medical
Store, Khari Road, Bhinmal, District Jalore.
21. Pukhraj S/o Tararam, R/o Vpo Junibali, Tehsil Bagoda,
District Jalore.
22. Lalit Kishore Sen S/o Mohanlal Sen, R/o Vpo Sewari,
Tehsil Bagoda, District Jalore.
23. Shriram Sharma S/o Shri Ramkishore Shastri, R/o Behind
Police Line Bhilwara, Near Maharaj Ki Hotel, Bhilwara.
24. Santosh Kumar Bareth S/o Vinod Kumar Bareth, R/o
Athuna Bass, Surano Ka Mohlla, Post Deshnokh, District
Bikaner.
25. Ram Niwas Sankhla S/o Jagga Ram Sankhla, R/o Shri
Kanji Sweets, Mandore Road, Paota, Jodhpur.
26. Hanuman Ram S/o Bhanwarlal, R/o Village Asnda, Post
Gajsinghpura, Tehsil Bhopalgarh, District Jodhpur.
27. Ajay Singh S/o Pratap Singh, R/o Village Singhani, Post
Tausar, District Nagaur.
28. Ramjeevan S/o Hardeen Ram, R/o Vpo Barni Khurd,
Tehsil Bhopalgarh, District Jodhpur.
29. Bhagirath S/o Ramlal, R/o Bhadu, Goyato Ki Ghani,
Hemaguda, Tehsil Chitalwana, District Jalore.
30. Hariram S/o Khem Singh, R/o Vpo Chitalwana, Tehsil
Chitalwana, District Jalore.
(15 of 41)
31. Sunil Bishnoi S/o Narendra Singh, R/o Vpo Chitalwana,
Tehsil Chitalwana, District Jalore.
32. Kamal Kishore Sharma S/o Rameshwar Lal, R/o Post
Manjhi, Via Badi Khatru, Tehsil Degana, District Nagaur.
33. Durgesh Choudhary S/o Veer Singh Choudhary, R/o Shri
Ramnarayan Choudhary Hostel, Bhagat Ki Kothi, Jodhpur.
34. Akhtar Hussain S/o Mohd. Yashin, R/o Near New Eidgaha,
Van Vihar Colony, Ward No.10, Churu.
35. Roopendar Singh S/o Shyam Sundar, R/o Vivek Nagar,
Behind Anathalya, District Bikaner.
36. Rajender Singh S/o Prithvi Singh, R/o P.no.2, Ram
Bhawan, In Front Of Baiji Maharaj Mandir, Subhash
Chowk, Ratanada, Jodhpur.
37. Khemaram Kalabi S/o Kistoora Ram, R/o Village 7 Post
Lunwa Jagir, Tehsil Gudamalani, District Barmer.
38. Khurshid Alam S/o Mohd. Shokat, R/o Usta Mohalla
Ustan, Near Big Maszid, Bikaner.
39. Jahid Shaikh S/o Liyakat Ali, R/o 6Th Bapu Nagar, Purana
Gas Godam Ke Pass, Government School Ke Samne,
Jalore.
40. Munna Ram Pichkiya S/o Bhagirath Ram Pichkiya, R/o Vpo
Palri Pichkiya, Via M. Mundwa, District Nagaur.
41. Kum. Sarla D/o Kanwara Ram, R/o Village Kharnal, Tehsil
And District Nagaur.
42. Ram Chandra Krudia S/o Rekha Ram, R/o Village And
Post Ladoli, Via Besroli, Tehsil Makrana, District Nagour.
43. Koja Ram Mundel S/o Jasha Ram Mundel, R/o Village And
Post Chimrani, Tehsl Mundwa, District Nagaur.
44. Jayesh Joshi S/o Kanhaiya Lal Joshi, R/o Village And Post
Sundanpur, District Banswara.
45. Prathvi Singh Chouhan S/o Harish Chandra Singh
Chouhan, R/o Garhi, District Banswara.
46. Chaudhari Narendra S/o Malaram, R/o Vpo Bhadhruna,
Tehsil Sanchore, District Jalore.
47. Dinesh Chandra Teli S/o Shri Dadam Chand Teli, R/o
Prithiviganj, Teliwara,banswara,distt- Banswararaj.
48. Yogendra Singh Chouhan S/o Kilendra Singh Chouhan,
R/o Mahi Colony, Banswara.
(16 of 41)
49. Sweety Joshi D/o Ambalal, R/o 09, Naag Marg, Chand
Pole Ke Bahar, Udaipur.
50. Girish Joshi S/o Ganesh Lal, R/o Dahod Road, Near Kabir
Mandir, Nathelan Colony, Banswara.
51. Yogesh Kumar Rawal S/o Basant Lal Rawal, R/o Village
Semaliya, Post Garhi, Tehsil Garhi, District Banswara.
52. Bharat Lal Pateedar S/o Lal Shankar Pateedar, R/o 140,
Dibra Bar, Dungarpur.
53. Sahi Ram S/o Kheta Ram, R/o Village And Post Jori, Tehsil
And District Churu.
54. Jagdish Prasad S/o Mamchand, R/o Village Ginri Patta
Rajpura, Post Indrapura, Tehsil And District Churu.
55. Hari Ram Sunda S/o Thana Ram Sunda, R/o Village Ginri
Patta Rajpura, Post Indrapura, Tehsil And District Churu.
56. Manju S/o Geegraj Sharma, R/o Ramjeevan Chotia, Narlo
Ka Bas, Jayal, District Nagaur.
57. Mangi Lal Sharma S/o Rameshwar Dayal Sharma, R/o
Near Ganesh Temple, Street No.3, Hanuman Hatha,
District Bikaner.
58. Ram Singh S/o Bhanwar Singh, R/o Village Bagri Nagar,
Tehsil Sojat, District Pali.
59. Leena Goyal D/o Babulal Ji Daiya W/o Bharat Singh
Goyal, R/o Near R.k. College, Kabutaron Ka Chowk,
Jodhpur.
60. Priyanka Choudhary D/o Mohan Ram Choudhary, R/o Plot
No.29, New Pali Road, Bhagat Ki Kothi, Pili Tanki Ke Pass,
Air Force Road, Jodhpur.
61. Ashok Kumar S/o Banna Ram, R/o Dhana Mohalla,
Mathania, District Jodhpur.
62. Surender Bishnoi S/o Hari Ram Bishnoi, R/o Railway
Station Road, Pipar City, Dist. Jodhpur.
63. Vijay Kumar Kawan S/o Gopi Ram, R/o Vpo Godash,
Tehsil Taranagar, District Churu.
64. Ramniwas S/o Bansi Lal, R/o Malio Ka Bas, Pipar Road,
Tehsil Pipar City, District Jodhpur.
65. Banwari Lal Bhakar S/o Jai Chand Bhakar, R/o Vpo
Sirsalat, District Churu.
66. Suhel Ahmed Qadri S/o Shri Jamil Ahmed Qadri, R/o
Lakhara, Behind Shiv Mandir, Nokha, Dist. Bikaner.
(17 of 41)
67. Nirmala Devi D/o Sh. Gopa Ram Ji, R/o Barliwala Bas,
Near Police Chowki, Bilara, Jodhpur.
68. Banshi Lal Prajapat S/o Dula Ram, R/o Kumharo Ka
Mohalla, Hari Rampura Road, Napasar, District Bikaner.
69. Hari Ram S/o Indraj, R/o Vpo Dhana Bhakran, Tehsil
Taranagar, Dist. Churu.
70. Nopa Ram S/o Ladha Ram, R/o Vpo Dhana Bhakran,
Tehsil Taranagar, Dist. Churu.
71. Sita Ram S/o Kasi Ram Mahiya, R/o Vpo Pandrev Tiba,
Tehsil Taranagar, Dist. Churu.
72. Deep Chand S/o Kana Ram, R/o Vpo Dhana Bhakran,
Tehsil Taranagar, Dist. Churu.
73. Pratap Singh S/o Amar Singh, R/o Vpo Jhotra, Tehsil
Taranagar, Dist. Churu.
74. Ram Kumar S/o Kasi Ram, R/o Vpo Devgarh, Tehsil
Taranagar, Dist. Churu.
75. Chananmal S/o Bhanwri Lal, R/o Vpo Bany, Tehsil
Taranagar, Dist. Churu.
76. Rajendra Kumar S/o Govind Pilania, R/o Vpo Bany, Tehsil
Taranagar, Dist. Churu.
77. Nemchand Joshi S/o Banwari Lal Joshi, R/o Bany, Tehsil
Taranagar, Dist. Churu.
78. Bhopal Singh S/o Mohar Singh, R/o Vpo Anandsinghpura,
Tehsil Taranagar, Dist. Churu.
79. Shelendra Singh S/o Madan Singh, R/o Near New Tehsil
Bhawan, Runija House, Rajpath Colony, Parbatsar City,
District Nagaur.
80. Veerendra Kumar S/o Mohan Lal Swami, Resident Of Vpo
Dhani Asha, Tehsil Taranagar, Dist. Churu.
81. Raj Kumar Saharan S/o Shri Ganga Singh Saharan,
Resident Of Vpo Godas, Tehsil Taranagar, Dist. Churu.
82. Vijay Kumar S/o Gopi Ram Kaswan, R/o Vpo Jodi, Tehsil
Taranagar, Dist. Churu.
83. Sanjay Kumar S/o Chandgi Ram Dhayal, R/o Vpo Sirsali,
Tehsil Taranagar, Dist. Churu.
84. Pravin Singh Chouhan S/o Usai Singh Chaohan, R/o Vpo
Khudarda, Tehsil Aspur, District Dungarpur.
85. Rajendra Singh Shaktawat S/o Bhagwat Singh Shaktawat,
(18 of 41)
R/o Vpo Aspur, District Dungarpur.
86. Ghanshyam Singh Shaktawat S/o Sruya Singh Shaktawat,
R/o Vpo Aspur, District Dungarpur.
87. Ajay Pal Singh Chouhan S/o Ishwer Singh Chouhan, R/o
Vpo Mandwa, Tehsil Sagwara, Dist. Dungarpur.
88. Kirit Kumar Joshi S/o Brij Vallabh Joshi, R/o Vpo Bankoda,
Tehsil Aspur, District Dungarpur.
89. Danwar Ram Mehela S/o Baksa Ram, R/o Uncharda, Post
Bhuriyani, Tehsil Merta City, Dist. Nagaur.
90. Laxman Singh Rathore S/o Rewant Singh Rathore, R/o
Vpo Paliyas, Tehsil Degana, District Nagaur.
91. Radheshyam Menaria S/o Vijay Lal, R/o Vpo Batharda
Khurd, Tehsil Vallabh Nagar, District Udaipur.
92. Prakash Chand S/o Gordhan Lal, R/o Village And Post
Bikharniya Kalan, Via Padu Kalan, Tehsil Degana, District
Nagaur.
93. Kanchan Garg W/o Hukmi Chand Garg D/o Rameshwar
Lal Garg, R/o Village Nandwel, Post Dabok, Tehsil Vallabh
Nagar, District Udaipur.
94. Nitin Sharma S/o Tej Shankar Sharma, R/o Village Kanod,
Tehsil Vallabh Nagar, District Udaipur.
95. Meenakshi Ameta D/o Chandra Shekhar Ameta W/o
Narendra Kumar Ameta, R/o Village Karanpur, Tehsil
Vallabh Nagar, District Udaipur.
96. Madhu Mali D/o Mohan Lal Mali W/o Bal Mukund Mali, R/o
Tekri, Central Jail, Paru, District Udaipur.
97. Prakash Chandra Paliwal S/o Laxmi Lal Paliwal, R/o Village
Kargate, Post Bhalo Ka Gudha, Tehsil Girwa, District
Udaipur.
98. Akbar S/o M. Ishaq, R/o Ward No.23, Taranagar, District
Churu.
99. Naveen Hussain S/o Ashik Hussain, R/o Faltar Bhawan,
Near New Masjid, Indra Colony, Bikaner.
100. Sanjeev Lata S/o Tarachand Lata, R/o 2/250, Jainarayan
Vyas Colony, Opposite Saint Paul School, Nagaur.
101. Shakil Ahmed S/o Mukhtar Ahmed, R/o Gali No.11, Dhobi
Talai, Bikaner.
102. Mangilal Dewasi S/o Hoti Ram, R/o Vpo Madgaon, Tehsil
Jalore, District Jalore.
(19 of 41)
103. Kailash Sau S/o Lala Ram, R/o Vpo D/s Dhani,
Hemuguda, Tehsil Chitalwana, District Jalore.
104. Karsan Ram Kalbi S/o Okha Ram, R/o Vpo Bhadruna,
Tehsil Sanchore, District Jalore.
105. Chhail Singh Rao S/o Kistoor Singh Rao, R/o Village Borli,
Post Jhab, Tehsil Chitalwana, District Jalore.
106. Ramlal S/o Faglu Ram, R/o Village Bhadu V Goyato Ki
Dhani, Tehsil Chitalwana, District Jalore.
107. Madan Giri Goswami S/o Om Giri Goswami, R/o Vilalge
And Post Arnay, Tehsil Sanchore, District Jalore.
108. Kamlesh Bhartee S/o Amrit Bhartee, R/o Sakriya, Post
Khejriyali, Tehsil Sanchore, District Jalore.
109. Bharmal Choudhary S/o Pancha Ram, R/o Vpo
Bhadhruna, Tehsil Sanchore, District Jalore.
110. Raju Ram S/o Bhagirath Ram, R/o Village Aarva, Post
Bhimguda, Tehsil Chitalwana, District Jalore.
111. Vikram Singh Rathore S/o Pahad Singh Rathore, R/o
Village And Post Siwada Chouhan, Tehsil Chitalwana,
District Jalore.
112. Mohammad Suhel Chadwa S/o Mohd. Yusuf Chadwa, R/o
Ramsin, Tehsil Jaswantpura, District Jalore.
113. Kuldeep Ameta S/o Durga Shanker Ameta, R/o Bus
Stand, Titoli, Tehsl Asind, District Bhilwara.
114. Ganpat Puri S/o Moti Puri, R/o Village And Post Sali, Via
Ravatsar, Tehsil And District Barmer.
115. Mohamed Imran Chhipa S/o Jamaluddin Chhipa, R/o
Tehsil And District Bhilwara.
116. Natwar Lal Menaria S/o Rameshwar Lal Menaria, R/o Near
S.p. College, Badi Sadri, District Chittorgarh.
117. Julfikar Mansuri S/o Ahmed Hussain Mansuri, R/o Vpo
Badwal, Via Bansi, Tehsil Badi Sadri, District Chittorgarh.
118. Dhawal Bhatt S/o Jagdish Prasad Bhatt, R/o Guru Kripa
Sadan, 3, Karmsheel Marg, Inside Brahmpole, Udaipur.
119. Mohammad Riyaz Raza S/o Khalil Ahmed, R/o Raza
House, Plot No.787, Barkat Colony, Sector 12, Hiran
Magri, Udaipur.
120. Paras Kumar Jain S/o Nathu Lal Jain, R/o Neemach Mata
Scheme, Udaipur, District Udaipur.
(20 of 41)
121. Mohipal Singh Rathore S/o Parvat Singh Rathore, R/o
Udaipur.
122. Nitesh Chobisa S/o Panna Lal Chobisa, R/o Vpo Kejad,
Tehsil Sarada, District Udaipur.
123. Dinesh Malviya S/o Gangaram Ji Lohar, R/o 56, M.p.
Colony, Near Bal Bharti School, Sector 14, Udaipur.
124. Jawant Singh S/o Raju Singh, R/o Vpo Gadra Road, Tehsil
Gadra Road, District Barmer.
125. Sohan Singh S/o Hem Singh Parmar, R/o Khichiyo Ka Bas,
Bhavrani, Tehsil Ahore, District Jalore.
126. Norat Mal Sharma S/o Madan Lal Sharma, R/o Village 7
Post Patan, Via Badnor, District Bhilwara.
127. Dhirendra Singh S/o Narayan Singh, R/o Kheteswar
Colony, Chhatariyon Ka Morcha, Balotra, District Barmer.
128. Gautam Chand S/o Bhoor Singh Ji, R/o Rajpurohito Ka
Vas, Asada, Tehsil Pachpadra, District Barmer.
129. Tan Singh S/o Amar Singh, R/o Bhaylo Ka Vas, Siwana,
Tehsil Siwana, District Barmer.
130. Jaitmal Singh S/o Parbat Singh, R/o Nimbeshwar Mavdi,
Tehsil Siwana, District Barmer.
131. Suba Singh S/o Balvinder Singh, R/o Village Nandram Ki
Dhani, Post Jhamber, Tehsil And District Hanumangarh.
132. Sandeep Kumar S/o Natthu Ram, R/o Vpo Deeplana,
Tehsil Nohar, District Hanumangarh.
133. Suresh Kumar S/o Mahendra Singh, R/o Vpo Padampura,
Tehsil Nohar, District Hanumangarh.
134. Dhirendra Kumar S/o Pokhermal, R/o Main Post
Khokhoroi, Via Chandawal, District Pali.
135. Prakash Chand S/o Kishan Lal, R/o Vpo Maliyo Ki Hathai,
Nayapura Ka Bas, Sojat City, District Pali.
136. Dalip Kumar S/o Paika Ram, R/o Shastri Nagar Colony,
Jalore.
137. Dharmi Chand S/o Shankerlal, R/o Vpo Ramdeora Gate
Ke Pass, Bagri Nagr, Pali.
138. Shahjad Khan S/o Sardar Khan Velim, R/o Vpo Chanod,
Tehsil Sumerpur, District Pali.
139. Rajendra Singh Rathore S/o Jabbar Singh Rathore, R/o
Vpo Choti Rani, Post Ranigav, Tehsil Rani, District Pali.
(21 of 41)
140. Prakash Kumar Choudhary S/o Manaram Choudhary, R/o
Village Mathai Ka Gura, Post Gajanipura, Tehsil Rani,
District Pali.
141. Akhilesh Charan S/o Sampat Singh, R/o Village Barri, Post
Khinwara, Tehsil Rani, District Pali.
142. Vijendra Singh S/o Raghunath Singh, R/o Village And Post
Koorna, District Pali.
143. Gopal S/o Ramdhan Saran, R/o Vpo Rasal, Tehsil
Kuchaman City, District Nagaur.
144. Durgaram S/o Baluram, R/o Village Riksha Bas, Post
Dakipura, Via Moullasar, District Nagaur.
145. Raeshwar Dayal S/o Kumbharam, R/o Village Nagawara,
Post Aasarawa, Tehsil Makrana, District Nagaur.
146. Chena Ram S/o Kheta Ram, R/o Village Chandpura, Post
Jiliya, Tehsil Kuchaman City, District Nagaur.
147. Laxman Singh Rathore S/o Jorawar Singh, R/o Village
Bichhawari, Post Chianpura, Tehsil Bagora, District Jalore.
148. Raju Ram Jajra S/o Dana Ram, R/o Village Kalwa Chhota,
Via Borawat, Tehsil Makrana, District Nagaur.
149. Sukhdev Olan S/o Bhanwarlal Olan, R/o Village Sirasana,
Tehsil Degana, District Nagaur.
150. Hari Ram S/o Ramchander, R/o Vpo Kathoti, Tehsil Jayal,
District Nagaur.
151. Purna Ram Bhambhu S/o Umaram, R/o Village 7 Post
Dhary, Via Tarnau, Tehsil Jayal, District Nagaur.
152. Sharwan Khan Kayamkhani S/o Mustak Khan
Kayamkhani, R/o Vpo Kasnau, Via Kuchera, District
Nagaur.
153. Kunan Mal Sharma S/o Jagdish Parsad, R/o Laxmi Medical
And General Store, Dauji Ka Mandir, Hati Ram Ka Oda,
Jodhpur.
154. Nirmal Kumar S/o Gori Shankar Ojha, R/o Vpo Deh, Tehsil
Jayal, District Nagaur.
155. Baldev Ram S/o Sundaram, R/o Vpo Farrod, Tehsil Jayal,
District Nagaur.
156. Sohan Lal Godara S/o Jivan Ram, R/o Village Dhary, Via
Tarnu, Tehsil Jayal, District Nagaur.
157. Moolaram S/o Kanaram, R/o Village Samdolao Kalan,
Tehsil Riya Badi, District Nagaur.
(22 of 41)
158. Gopal Krishan Sharma S/o Bhagawat Prasad Sharma, R/o
Bus Stand Ke Pass, Bagora, District Jalore.
159. Ratana Ram S/o Hukama Ram, R/o Village Samdolav,
Post Dhaneriya Leel, Tehsil Riyan Badi, District Nagaur.
160. Rajesh Mundel S/o Raghunathram Mundel, R/o Jato Ka
Mohalla, Village Jalwana, Tehsil Merta City, District
Nagaur.
161. Prem Sukh S/o Shiv Lal, R/o Village Vishnu Nagar, Post
Rajod, Via Ren, Tehsil Degana, District Nagar.
162. Raghuveer Godara S/o Sher Nath, R/o Hanuman Bas
Colony, Nagaur, District Nagaur.
163. Mantu Giri S/o Shanker Giri, R/o Vpo Deh, Tehsil Jayal,
District Nagaur.
164. Parma Ram S/o Dhanna Ram, R/o Village Udiyas, Post
Sirasana, Via Ren, Tehsil Degana, District Nagaur.
165. Kumari Sarita D/o Gordhan Singh, R/o Village And Post
Sirasana, Via Ren, Tehsil Degana, District Nagaur.
166. Rajender Singh S/o Gordhan Singh, R/o Village And Post
Sirasana, Via Ren, Tehsil Degana, District Nagaur.
167. Mahendra Maya S/o Moola Ram, Village And Post
Dhamnia, Tehsil Reyia, District Nagaur.
168. Banwari Lal S/o Malla Ram, R/o Puniya Krishi Farm
House, Chhapri Kalan, Via Merta Road, Tehsil Merta City,
District Nagaur.
169. Virendra Singh Rathore S/o Chandan Singh Rathore, R/o
Vpo Padarli, Via Gudabalotan, Tehsil Ahore, District Jalore.
170. Teja Ram S/o Tulchha Ram, R/o Village Modariya, Post
Paliyawas, Tehsil Degana, District Nagaur.
171. Chenaram Riyar S/o Motiram, R/o Village Paliyas, Tehsil
Degana, District Nagaur.
172. Manmohan S/o Shyam Sunder, R/o In Front Of Goverdhan
Nath Temple, Naiwara Mithi Jal, Nagaur.
173. Vijay Kumar S/o Bajrang Lal, R/o 1/558, Rajasthan
Housing Board, Tausar Road, Nagaur.
174. Sitaram S/o Shevekaran Kuri, R/o Vpo Somana, Tehsil
Jayal, District Nagaur.
175. Narayan Ram S/o Rampal Ram, R/o Vpo Duktawa Ki
Dhani, Gajsinghpura, Tehsil Bhopalgarh, District Jodhpur.
(23 of 41)
176. Suresh S/o Mohan Ram, R/o Vpo Darmi, Tehsil
Bhopalgarh, District Jodhpur.
177. Sunil Chhaba S/o Ramnarayan Chhaba, R/o Village
Sukhdand, Post Ren, Tehsil Merta, District Nagaur.
178. Girdhari Ram Potliya S/o Hajari Ram Potliya, R/o Village
Katyasni, Tehsil Merta City, District Nagaur.
179. Ramprakash S/o Baksha Ram, R/o Village Liliya, Tehsil
Riya Badi, District Nagaur.
----Petitioners
Versus
1. The State Of Rajasthan Through Secretary, Department
Of Medical And Health Services, Government Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Additional Director (Administration), Medical & Health
Services, Swasthya Bhawan, Rajasthan, Jaipur.
3. The Director, National Rural Health Mission/National
Health Mission, Swasthya Bhawan, Jaipur.
4. The Director, State Institute of Health & Family Welfare,
Jhalana Institutional Area, Jaipur.
5. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
District Jodhpur.
6. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Barmer.
7. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Bhilwara.
8. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Bikaner.
9. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Chittorgarh.
10. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Jalore.
11. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
(24 of 41)
Nagaur.
12. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Udaipur.
13. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer, Pali.
14. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Churu.
15. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Dungarpur.
16. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Hanumangarh.
17. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Jaisalmer.
18. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Sirohi.
19. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Pratapgarh.
20. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Rajsamand.
21. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Sriganganagar.
22. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Banswara.
23. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Alwar.
24. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Dholpur.
(25 of 41)
25. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Bhartpur.
26. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Bundi.
27. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Dausa.
28. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Dholpur.
29. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Jhalawar.
30. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Karauli.
31. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer, Kota.
32. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Sawai Madhopur.
33. District Level Selection Committee Through Its Member
Secretary, Chief Medical And Health Officer, Sikar.
34. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer, Tonk.
35. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
District Baran.
36. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
District Jaipur.
37. The District Level Selection Committee Through Its
Member Secretary, Chief Medical And Health Officer,
Ajmer.
----Respondents
For Petitioner(s) : Mr. M.S. Singhvi, Sr. Advocate assisted
by Mr. Hanuman Singh Choudhary.
(26 of 41)
Mr. Mahaveer Bishnoi.
For Respondent(s) : Mr. Sunil Joshi for
Mr. Rajesh Panwar, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 19/12/2018 These writ petitions have been filed by the petitioners seeking a direction to the respondents to re-determine the vacancies of Nurse Grade-II (GNM) pursuant to the advertisements dated 04.05.2007, 08.08.2007 and advertisements pursuant to order dated 15.04.2008, as directed by this Court by its order dated 07.12.2016.
The issue raised in the present writ petitions has got a checkered history. The advertisement dated 04.05.2007 was issued for engagement on the post of Nurse Grade-II (GNM) for 2500 posts in various districts under the National Rural Health Mission ('NRHM'), it was stipulated therein that merit shall be prepared district-wise and preference would be given to bonafide resident of the concerned district.
Another advertisement dated 08.08.2007 was issued for engagement of GNM under NRHM for 6172 posts. In the said advertisements, the preference based on district was not indicated as was indicated in advertisement dated 04.05.2007. Subsequently a corrigendum was issued clarifying that merit shall be prepared on State level, which corrigendum was later withdrawn.
The withdrawal of corrigendum was challenged before the High Court. In Dema Ram Choudhary v. State & Ors.: SBCW (27 of 41) No.1120/2008, the later corrigendum dated 21.01.2008 was quashed and the respondents were directed to prepare merit list on State level. The advertisement dated 08.08.2007 was cancelled by the respondents on 29.03.2008 and again advertisements at District level pursuant to order dated 15.04.2008 were issued for a total 3704 vacancies. As the said advertisements were issued at district level, again in Sant Lal Yadav v. State & Ors.: SBCW No.741/2008, judgment was delivered in the light of earlier judgment in the case of Dema Ram Choudhary (supra).
In the meanwhile, on account of implementing the judgment in the case of Dema Ram Choudhary (supra), the merit list prepared pursuant to the advertisement dated 04.05.2007 was disturbed and the respondents terminated services of various candidates, who were lower in merit on account of preparation of merit list State-wise.
Feeling aggrieved, SBCW No.6207/2006 (Raj Kumar & Ors. v. State of Raj. & Ors.) was filed, wherein the respondents were restrained from terminating the service of the candidates, who were given appointments pursuant to the advertisement dated 04.05.2007. Several candidates, who could not find place in merit pursuant to the advertisement dated 04.05.2007 also approached this Court.
On 01.03.2011, while hearing the petition filed by Raj Kumar (supra), the matter was referred to the Larger Bench. The Full Bench by its judgment dated 30.11.2015, came to the conclusion that under the NRHM, a preference is given on the basis of place of residence and/or local criteria among the equals then the same was not irrational or in violation of Article 14 of the Constitution of (28 of 41) India and directed placing of the writ petitions before the Single Bench for disposal.
The petition filed by Raj Kumar (supra) and other connected matters were decided by judgment dated 07.12.2016 (Annex.-33), wherein the following directions were given:-
"Considering all the aspects and looking into the nature of litigation which has protracted for year together, I deem it appropriate to make following direction in consonance with the order passed by the Full Bench for closing the controversy:
1] The posts which were advertised under the advertisement dated 04.05.2007 shall be 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 districtwise 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 (29 of 41) 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 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.
Accordingly, all these writ petitions are disposed of with directions as stated herein above so that there may be given a quietus to the litigation."
When the directions issued in the case of Raj Kumar (supra) were not implemented, the petitioners filed contempt petitions. During pendency of the contempt petition, on 04.05.2017, the respondents issued interim merit list for 3704 posts of GNM and called for objections, whereafter on 19.07.2017, the final merit list for 3704 posts were issued, whereafter on 04.09.2017, the contempt petitions filed by the petitioners were dismissed, inter alia, with the observations that in case, the petitioners were aggrieved with the method of determination of the posts or that the number of posts have been wrongly determined, they would be at liberty to challenge the same in accordance with law.
Whereafter, the present writ petitions have been filed by the petitioners seeking to question the determination made and other consequential reliefs pursuant to the judgment dated 07.12.2016.
(30 of 41) It is, inter alia submitted by learned counsel for the petitioners that the respondents have wrongly determined only 3704 posts pursuant to the directions issued by this Court, wherein the respondents were directed to take into consideration all the posts of GNM, which were available upto 15.04.2008 under NRHM Scheme and fill them from candidates, who had applied under the advertisement dated 08.08.2007 or under the advertisements issued by each district pursuant to order dated 15.04.2008. The petitioners claimed that the total number of vacancies upto 15.04.2008 were as under:-
"(i) In terms of advertisement dated
8.8.2007 :- 6172
(ii) in terms of the instructions/letter dated
23.01.2008
(a) NRHM Phase-I remaining vacant 71
(b) Empowerment Scheme of
365 institutions 171
(c) Under MTC Scheme 136
(d) RCH (FBAC) Scheme 112
(iii) In addition to above subsequently additional sanctioned posts i.e. in terms of order dated 5.4.2017 and in terms of U.O. note dated 11.4.2008 3704 TOTAL:- 10366"
However, it was fairly submitted by learned counsel for the petitioners that qua 71 posts pertaining to NRHM Phase-I remaining vacant, the petitioners cannot have any claim, inasmuch as, the Court in the case of Raj Kumar (supra) confined the same to the candidates, who applied pursuant to the advertisement dated 04.05.2007. Further, as the posts said to be vacant for Empowerment Scheme of 365 Institutions, under MTC Scheme and RCH (FBAC) Scheme did not form part of the advertisement, regarding which, the directions were issued by the (31 of 41) Court, the same cannot form subject matter of the present petitions.
It is submitted by learned counsel for the petitioners that in the pre-litigation committee meeting dated 14.02.2017 (Annex.-
34), the respondents had clearly directed the Project Director to determine the available vacancies till 15.04.2008 and even if any posts between 08.08.2007 to 15.04.2008 has been cancelled, they may also be included. It is claimed that the response dated 05.04.2017 (Annex.-44) given by the Director, NHM that the available vacancies were 3704 was essentially baseless.
With reference to UO note dated 11.04.2008, which has been referred in the letter dated 05.04.2017, it is submitted that as per the programme implementation plan of additionalities under NRHM for 2008-09, 3704 posts were created and the advertisement dated 22.04.2008 clearly referred to the UO note dated 11.04.2008 and, therefore the posts essentially were confined to the additionalities under the PIP for 2008-09 and the posts, where were advertised by advertisement dated 08.08.2007 (Annex.-4) i.e. 6172 posts, which pertained to the earlier PIP were available on 15.04.2008 and as now the respondents have only granted appointments on 3704 posts, the 6172 posts, which were vacant as on 15.04.2008 have not been filled by the respondents as per the directions given in the case of Raj Kumar (supra) and, therefore, the respondents be directed to act in accordance with the directions in letter and spirit and fill-up 6172 vacancies, which were available as on 15.04.2008 and have not been filled.
Submissions were made that different PIPs for each year are issued as is evident from Annex.-1, Annex.-10, Annex.-11 and (32 of 41) Annex.-19 and, therefore, the action of the respondents in only filling-up 3704 vacancies, cannot be sustained.
Learned counsel for the respondents vehemently opposed the submissions made by learned counsel for the petitioners. It was submitted that the petitions filed by the petitioners is barred by principles of constructive res-judicata, inasmuch as, in the writ petition filed by Raj Kumar (supra), the issue about the vacancies had been raised and the Court gave a particular direction, which has been followed by the respondents, the contempt petition has already been dismissed and, therefore, the petitioners cannot now be permitted to raise the issue all over again.
Submissions were made that merely because the Court while dismissing the contempt petition, granted liberty to the petitioners to question the determination of vacancies cannot arm the petitioners to maintain the petitions, which are otherwise barred. Reliance was placed on judgment in Shiv Chander More & Ors. v. Lieutenant Governor and Ors.: (2014) 11 SCC 744.
Coming on to the merit of the issues raised pertaining to determination of vacancies, it was submitted that by advertisement dated 04.05.2007 (Annex.-2), 2500 vacancies were advertised for Sub-Health Centres. Whereafter, by advertisement dated 08.08.2007 (Annex.-4), 6172 vacancies were advertised, which pertained to 2500 for Sub-Health Centres and 3672 for Community Health Centres ('CHC') and Primary Health Centres ('PHC'). In the advertisement in Clause - 7 & 8, it was specifically indicated that in the applications received the previous applications would be taken into consideration for preparation of merit and that those, who had applied pursuant to the (33 of 41) advertisement dated 04.05.2007, they need not apply again, which clearly shows that 2500 vacancies for Sub-Health Centres, which were advertised by advertisement dated 04.05.2007, have been included in the advertisement dated 08.08.2007.
Further submissions were made that it was always the case of all the parties that the advertisement dated 08.08.2007 included the 2500 posts as advertised by advertisement dated 04.05.2007, which is reflected from the order dated 11.05.2016 passed in SBCW NO.6207/2009 (Annex.-30).
It was then submitted that in the instructions dated 23.01.2008 (Annex.-9), it was clearly indicated that the selection process for GNM pursuant to the advertisement dated 08.08.2007 was to be undertaken for 674 positions in Community Health Centres and 2998 positions in Primary Health Centres and 71 vacant positions for NRHM, which brings the total vacant position to 3672 for CHCs and PHCs. In the said guidelines also, it was indicated that those, who could not get engagement in the Phase-I of NRHM Scheme, merit list was prepared by including them and, therefore, essentially no positions were available for Sub-Health Centres.
It was further submitted that by order dated 25.03.2008 (Annex.-18) as the contract period, which was proposed by advertisement dated 08.08.2007 was coming to an end on 31.03.2008 and as the engagement had not proceeded further on account of litigations, the advertisement dated 08.08.2007 alongwith the subsequent directions dated 25.08.2007 and 21.01.2008 were cancelled. Whereafter on 15.04.2008 (Annex.-
(34 of 41)
21), fresh advertisement for 3672 posts at district level were advertised, which were vacant.
Learned counsel for the respondents attempted to submit that as per the PIP 2007-08, it was stipulated that State was required to fill-up MPW (male posts) by State budget and the provisions of second ANM in Sub Centres under NRHM was made conditional on providing of the posts of MPW (male) at the Sub Centers, and as the said positions of MPW could not be created, the said positions of ANM were not available and, therefore, the indication made in the communication dated 05.04.2017 (Annex.-
44) regarding availability of 3704 posts of ANM as on 15.04.2008 was correct and justified and the petitioners in this regard have no case and the petitions deserve to be dismissed.
Learned counsel for the petitioners in rejoinder submitted that the preliminary objections raised by the respondents have no substance. It was submitted that the Court gave specific directions by its judgment dated 07.12.2016. No determination therein was made as to the number of vacancies available on 15.04.2008 and the direction was given to determine the vacancies. The respondents arbitrarily determined the vacancies at 3704. The contempt petition was filed when even the said determination had not taken place. Whereafter during the pendency of the contempt petition, the order was passed and when the issue regarding incorrect determination was raised in the contempt petition, the Court while disposing of the contempt petition, permitted the petitioners to re-agitate the issue and, therefore, there is no question of principles of constructive res-judicata having any application.
(35 of 41) Reliance was placed on J.S. Parihar v. Ganpat Duggar & Ors.: (1996) 6 SCC 291 and Commissioner, Karnataka Housing Board v. C. Muddaiah : (2007) 7 SCC 689.
Further submissions were made that the respondents have made incorrect submissions pertaining to availability of the vacancies. With reference to the advertisement dated 04.05.2007, it was indicated that 2500 posts were advertised as part of Phase- I, which posts were filled-up before the advertisement dated 08.08.2007 was issued, which pertained to Phase-II, wherein also a specific stipulation was made that those engaged in Phase-I, shall not be eligible, which clearly shows that the engagement pursuant to advertisement dated 04.05.2007 was already over and, therefore, the submissions made that 2500 posts for Sub- Health Centres indicated in the advertisement dated 08.08.2007 were the same posts, which formed part of advertisement dated 04.05.2007 is factually incorrect.
It is also submitted that no plea whatsoever was raised at any stage regarding the requirement of filling-up the positions of MPW and the vacancies of GNM being dependent on the said positions and, therefore, the plea raised in this regard cannot be now raised. It was prayed that the petitions be allowed.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
So far as the preliminary objections raised by the petitioners regarding the petitions being barred by constructive res-judicata is concerned, at the stage when the petition was filed by the petitioners in the case of Raj Kumar (supra), there was no (36 of 41) determination of posts as to whether 6172 posts were available or any other number of posts were available for being filled-up by way of engagement under NHRM. Even while deciding the said writ petition, this Court specifically required the respondents to taken into consideration all the posts of GNM, which were available upto 15.04.2008 and, therefore, essentially no determination was made. Once the Court by its judgment dated 07.12.2016 ordered for determination, it cannot be said that the plea sought to be raised now based on such determination would be barred by principles of constructive res-judicata.
Admittedly, petitioners after the judgment, held pre-litigation meeting, decided to follow the judgment dated 07.12.2016 and, thereafter during the pendency of the contempt petition, determined the vacancies at 3704. This Court while deciding the contempt petition, came to the conclusion that once the direction in whatever form has been complied with by the respondents, the contempt petition, cannot be proceeded further, however, left it open for the petitioners to question the validity of such determination and, therefore, it cannot be said that the petitioners in any manner were precluded from questioning the validity of such determination in the present writ petitions, as such the preliminary objection raised has no substance.
Coming to the merits of the determination made, the advertisement dated 04.05.2007, which pertained to 2500 posts clearly stipulated as under:-
"mi lfpo] LokLF; ,oa ifjokj dY;k.k ea=ky;] ,uvkj,p,e fMfotu] Hkkjr ljdkj ds vkWfQl eseksjsaMe la[;k&9 ¼22½@06&,uvkj,p,e&1 fnukad 8-12-06 ds }kjk ,uvkj,p,e ds rgr fpfdRlk ,oa LokLF; foHkkx }kjk lapkfyr mi LokLF; dsUnzksa ¼lkekU;@nqxZe½ ij xzkeh.k fpfdRlk O;oLFkk dks lqn`<+ fd, tkus gsrq izFke pj.k esa 2500 th,u,e ds inksa dks iw.kZ :i ls vuqca/k ds vk/kkj ij Hkjus dh Lohd`fr izkIr gksus ij izeq[k 'kklu lfpo] (37 of 41) fpfdRlk] LokLF; ,oa vk;qosZn foHkkx ds vkbZ-Mh- Øekad&202@ih,p,l@07 fnukad 3-5-07 dh ikyuk esa th,u,e in dh ;ksX;rk/kkfj;ksa ls vkosnu i= vkeaf=r fd, tkrs gSa "
From the above, it is apparent that in Phase-I, 2500 GNM posts were to be filled based on contract. It is not in dispute that the said 2500 posts were duly filled-up in terms of the advertisement dated 04.05.2007, whereafter the advertisement dated 08.08.2007 (Annex.-4) was issued, wherein the stipulation reads as under:-
"izeq[k 'kklu lfpo] fpfdRlk] LokLF; ,oa vk;qosZn foHkkx] ds vkbZ-Mh- Øekad&3899@ih,p,l@07 fnukad& 6-8-07 dh ikyuk esa ,uvkj,p,e ;kstuk ds rgr fpfdRlk ,oa LokLF; foHkkx }kjk lapkfyr lkeqnkf;d LokLF; dsUnz] izkFkfed LokLF; dsUnz ,oa mi LokLF; dsUnz ¼lkekU;@nqxZe½ ij xzkeh.k ,oa 'kgjh fpfdRlk O;oLFkk dks lqn`<+ fd, tkus gsrq f}rh; pj.k esa izR;sd lkeqnkf;d LokLF; dsUnz ,oa izkFkfed LokLF; dsUnzksa ds fy, nks&nks dqy 3672 th,u,e ,oa mi LokLF; dsUnzksa ds fy, 2500 th,u,e ¼dqy& 3672$2500 & 6172½ iw.kZ :i ls O;fDrxr vuqca/k ds vk/kkj ij j[ks tkus dh Lohd`fr izkIr gksus ij ;ksX;rk/kkfj;ksa ls vkosnu i= vkeaf=r fd, tkrs gS"
A perusal of the above advertisement clearly shows that in the Phase-II, besides the Sub-Health Centres, for the Community Health Centres and Primary Health Centres, a total of 6172 posts based on contract were to be filled-up.
A comparison of the posts advertised by advertisement dated 04.05.2007 district-wise with the advertisement dated 08.08.2007 for Sub-Health Centres also specifically establishes that the 2500 posts of ANM advertised vide advertisement dated 08.08.2007 for Sub Centres, had no relation with the advertisement dated 04.05.2007 as claimed by the respondents and the said posts were totally independent.
The three stipulations made in the advertisement dated 08.08.2007 further fortifies this position, which reads as under:-
"4- iwoZ esa ,uvkj,p,e ;kstuk ds izFke pj.k esa vuqcaf/kr th,u,e bl foKfIr esa p;u ds ik= ugha gksaxs RkFkk vH;FkhZ dks mDr vk'k; dk vUMjVsfdax izLrqr djuk gksxk fd mlds }kjk iwoZ eas th,u,e dh lsok,a fn, tkus gsrq dksbZ vuqca/k ugha fd;k gSA (38 of 41) 5- -------------------------------------------------------- 6- -------------------------------------------------------- 7- lacaf/kr ftys esa izkIr leLr vkosnu i=ks ,oa iwoZ esa miyC/k vkosnu i=ksa dks lfEefyr dj ojh;rk lwph cukbZ tk;sxhA 8- funs'kky; }kjk iwoZ esa th,u,e j[ks tkus gsrq tkjh foKfIr fnukad 4-5-07 esa tks vH;FkhZ vkosnu dj pqds gSa mUgsa iqu% bl foKfIr dh ikyuk eas ml ftys esa vkosnu djus dh vko';drk ugha gSA "
The stipulations clearly provides that those already engaged pursuant to Phase-I would not be eligible for selection and, therefore, the fact that posts of 2500 ANM advertised vide advertisement dated 08.08.2007 had no relation whatsoever with the advertisement dated 04.05.2007, is firmly established. Whereafter the advertisement dated 08.08.2007 and subsequent directions made in this regard, was cancelled/withdrawn by order dated 29.03.2008 (Annex.-18) and, therefore, the said positions i.e. 6172 positions remained vacant.
Relevant part of the communication/order dated 15.04.2008 (Annex.-21) reads as under:-
"fo"k;%& ,uvkj,p,e ;kstuk ds f}rh; pj.k esa izR;sd lkeq0Lok0dsUnz ,oa izk0Lok0dsUnz ij nks&nks th,u,e j[ks tkus ckckrA mijksDr fo"k;kUrxZr ys[k gS fd funs'kky; ds i= la[;k 81 fnukad 15@4@08 ¼izfr layXu gS½ ds }kjk ,uvkj,p,e ;kstuk ds ds f}rh; pj.k esa izR;sd lkeq0Lok0dsUnz ,oa izk0Lok0dsUnz ij nks&nks th,u,e O;fDrxr vuqcU/k ij j[ks tkus gsrq fn'kkfunsZ'k tkjh fd;s x;s gSaA"
The above communication which forms the basis for issuance of the subsequent advertisements district-wise, which led to the several litigations and the posts therein have been determined as 3704, specifically provides that in the Phase-II of NRHM Scheme, 2 GNM each for each Community Health Centre and Primary Health Centre be engaged. The number whereof is fortified from UO note dated 11.04.2008, wherein the number of CHCs and PHCs have been indicated at 349 and 1503 respectively and total number of Nurse Grade-II required have been indicated as 698 (39 of 41) and 3006 respectively, which number is commensurate with the numbers indicated in the advertisement dated 08.08.2007 except that the number of CHCs and PHCs have increased from 337 to 349 and 1499 to 1503, respectively, which essentially accounts for the increase in the positions advertised vide advertisement dated 08.08.2007 from 3672 to 3704 vide communication dated 15.04.2008. The 2500 posts meant for Sub-Health Centres as advertised by advertisement dated 08.08.2007 forming part of Phase-II are clearly missing.
The submissions made by the learned counsel for the petitioners that the 3704 posts, which have been indicated in the communication dated 15.04.2008, are independent of the positions for CHCs and PHCs as indicated in advertisement dated 08.08.2007 based on the communication made in the UO note dated 11.04.2008 that the Ministry of Health and Family Welfare has approved PIP of additionalities under NRHM for 2008-09, apparently has no substance in view of the above discussion, wherein in the communication dated 15.04.2008 (Annex.-21), a specific reference to the Phase-II of NRHM Scheme has been made, which numbers are clearly indicated as per the advertisement dated 08.08.2007 except for the number of CHCs and PHCs, which apparently increased in the meanwhile.
In view of the above fact situation, which has clearly come on record, the communication dated 05.04.2017 (Annex.-44) confining the vacancies to 3704 as on 15.04.2008 is clearly contrary to the directions given by this Court in the case of Raj Kumar (supra), wherein the respondents were directed to take into consideration all the posts of GNM, which were available upto 15.04.2008 and the decision taken in the pre-litigation meeting to (40 of 41) take into consideration any posts, which have been cancelled for any reason and therefore 2500 posts pursuant to the advertisement dated 08.08.2007 meant for Sub-Health Centres in the Phase-II of NRHM Scheme and not included in communication dated 15.04.2008 (Annex.-21) were clearly available on 15.04.2008.
The attempt made on part of counsel for the respondent- State to indicate that on account of the stipulations made regarding the filling-up of positions of MPW and, therefore, on account of non-fullfilment of the said stipulation the said posts were not available, is essentially an attempt to catch on to straws, inasmuch as, at no stage of the entire checkered litigation, the said plea was ever raised, even in reply to the present writ petition, no such plea has been raised and, therefore, the attempt orally sought to be made by learned counsel for the respondents, which has no basis in the pleadings of the parties cannot be countenanced, which even otherwise is not apparent from the record.
As admittedly the respondents have accorded appointment pursuant to the determination of 3704 vacancies pursuant to the direction dated 07.12.2016, now the respondents are required to comply with the directions given by this Court qua the 2500 vacancies, which were available on 15.04.2008 and have not been reflected by the respondents.
A feeble prayer was made by counsel for petitioners that candidates who have applied in one district, in case there are vacancies in other districts, may be considered in those districts as well. The prayer made is ex-facie contrary to the judgment of the (41 of 41) Larger Bench laying down/upholding district-wise selection and as such cannot be granted.
Consequently, the writ petitions filed by the petitioners are partly allowed. The action of the respondents in confining the posts of GNM for engagement under the NRHM Scheme pursuant to the directions given by this Court in the case of Raj Kumar (supra) to 3704 posts is quashed and set aside, it is held that besides 3704 posts as determined by the respondents, 2500 more posts of GNM as on 15.04.2008 were available for engagement under NRHM Scheme and in view thereof, the respondents are directed to deal with the said 2500 positions of GNM in NRHM Scheme strictly in accordance with the directions issued by this Court on 07.12.2016 in the case of Raj Kumar (supra).
Those engaged on the said 2500 posts, would be treated similarly to the candidates, who were engaged on 3704 posts for all purposes, except for the monetary benefits, which would be available to them from the date of their actual engagement.
The needful be done by the respondents within a period of six weeks from the date of this order.
No order as to costs.
(ARUN BHANSALI),J 188-PKS/-
Powered by TCPDF (www.tcpdf.org)