Rajasthan High Court - Jaipur
Lokeshwar Pareek S/O Shri Sitaram ... vs State Of Rajasthan on 12 October, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.11317/2020
1. Lokeshwar Pareek S/o Shri Sitaram Pareek, Aged About
37 Years, Resident Of 51, Shri Kishna Colony, Vidhan
Sabha Nagar, Mansarovar, Jaipur (Raj.) 302020.
2. Madan Lal S/o Shri Amrit Lal, Aged About 36 Years,
Resident Of 49, Jalora, Tehsil Phalodi, Distt. Jodhpur
(Raj.) 342301.
3. Vandana Paliwal W/o Shri Nitin Paliwal, Aged About 27
Years, Resident Of 402, School Road, Binol, Rajsamand
(Raj.) 313327.
4. Himanshu Gombar S/o Shri Parmeshwar Dayal, Aged
About 38 Years, Resident Of 2-E-225, Jai Narayan Vyas
Colony, Bikaner (Raj.) 334001
5. Radhey Shyam Sharma S/o Shri Roshanlal Sharma, Aged
About 38 Years, Resident Of 116, Brahman Pada, Angai,
Dholpur (Raj.) 328031.
6. Sudhir Kumar Sharma S/o Shri Dharmendra Kumar
Sharma, Aged About 38 Years, Resident Of Brahmanon Ka
Mohalla, Amloda, Dhaoli, Jaipur (Raj.) 303806.
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Medical
And Health Department, Government Secretariat, Jaipur.
2. Director, Medical And Health Services, Government Of
Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme,
Jaipur.
3. Special Secretary To Government, Medical Health, F.w.
Department And Mission Director, National Health Mission
(Nhm), Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
----Respondents
For Petitioner(s) : Mr. Laxmi Kant Malpura For Respondent(s) : Mr. M.S. Singhvi, Advocate General with Mr. Siddhant Jain HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order (Downloaded on 12/10/2020 at 09:25:19 PM) (2 of 3) [CW-11317/2020] 12/10/2020 The petitioners are said to have already cleared the training and also working as Community Health Officer (CHO) on deputation basis and submits that they should be allowed to continue. The present advertisement issued by the respondents dated 31.8.2020 should not affect their rights to continue on the post of CHO.
Learned Advocate General submits that the present petitioners are those who are working on substantive post with the State Government as Nurse Gr.II or similar posts and have been placed on deputation as CHO. No independent advertisement was issued at that relevant stage and the present advertisement is only for filling up the posts of CHO as in terms of the guidelines issued by the National Health Mission (NHM).
In view thereof, no right is created in favour of those who are substantively employed with the State Government to be posted as CHO. If any of the candidate is found to be eligible under the advertisement dated 31.8.2020 and clears the exam, can alone be selected on the post of CHO.
Taking into consideration the contentions as advanced by the learned Advocate General which this court finds to be correct, this court is of the firm view that no right is created in favour of the petitioners who are already substantive employees of the State Government. If they have been permitted to participate in the selection process on the post of CHO, no objection to the same can be made by this court, however, they must fulfill the minimum requirement of qualification under the advertisement for the said purpose and also clear the same.
(Downloaded on 12/10/2020 at 09:25:19 PM)
(3 of 3) [CW-11317/2020] The writ petition is found to be devoid of merit and is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J Karan Bhutani /531/43 (Downloaded on 12/10/2020 at 09:25:19 PM) Powered by TCPDF (www.tcpdf.org)