Rajasthan High Court - Jodhpur
Ashok Amrawat vs State Of Rajasthan on 26 April, 2022
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12971/2021
Ashok Amrawat S/o Shri Narpat Singh, Aged About 31 Years,
Resident Of Village Ugna Bas, Marwar Mathania, Tehsil Tinwari,
District Jodhpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Additional Chief
Secretary, Department Of Medical, Health And Family
Welfare, Secretariat, Jaipur.
2. Special Secretary To Government, Department Of Medical
And Health And Mission Director, Nhm, Nhm Block, Health
Bhawan, Jaipur
3. The Director, Nhm, Ministry Of Health And Family Welfare,
Govt. Of India, Nirman Bhawan, New Delhi.
4. Director (Rch), Medical And Health Services, Health
Bhawan, Tilak Marg, Jaipur.
5. Director (Non-Gazetted), Medical And Health Services,
Health Bhawan, Tilak Marg, Jaipur.
6. The Chief Medical And Health Officer, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Yashpal Khileree.
For Respondent(s) : Ms. Vandana Bhansali, AGC.
Ms. Anamika Bishnoi.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 26/04/2022 This writ petition has been filed by the petitioner seeking posting on the post of Community Health Officer pursuant to the appointment order dated 28.08.2018 (Annex.8) with all consequential benefits.
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(2 of 2) [CW-12971/2021] Learned counsel for the respondents submits that the issue raised in the present writ petition, is squarely covered by order in Tosib Ansari & Ors. v. State of Rajasthan & Ors.: SBCWP No. 11161/2020, decided on 12.10.2020 at Jaipur Bench and, therefore, the petition deserves to be dismissed.
Learned counsel for the petitioner submitted that against the order passed in the case of Tosib Ansari (supra), appeal is pending before the Division Bench.
A coordinate Bench of this Court in the case of Tosib Ansari (supra) came to be following conclusion:-
"In view of the terms of new advertisement, the petitioners who have passed earlier exam under the advertisement dated 17.1.2019 cannot be said to have an indefeasible right in their favour to directly join the six months course as envisaged under the advertisement dated 31.8.2020 merely because they had passed exam for joining the Bridge Programme earlier. In fact this Court is of the opinion that the earlier advertisement dated 17.1.2019 has become redundant now and from the language of the advertisement for filling up the post of CHO issued now on 31.8.2020, it is apparent that a State Government has decided to have a comprehensive test for all candidates.
In view of the aforesaid findings, the claim raised by the petitioners is found to be wholly misconceived and the same is accordingly dismissed."
In view of the decision in the case of Tosib Ansari (supra), the writ petition filed by the petitioner is dismissed.
(ARUN BHANSALI),J 16-sumer/-
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