Rajasthan High Court - Jodhpur
Dilip Kumar Chouhan vs State Of Rajasthan on 22 July, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 9171/2021 Dilip Kumar Chouhan S/o Mithu Lal Chouhan, Aged About 29 Years, Tehsil Masuda, Manpura, Ajmer, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Sriganganagar, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Churu, Rajasthan.
5. The Chief Medical And Health Officer, Department Of Medical And Health, District Nagour, Rajasthan.
----Respondents (2) S.B. Civil Writ Petition No. 9173/2021 Gautam Nogia S/o Roshan Lal Nogia, Aged About 31 Years, 151, Kharwa, Ajmer, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Sriganganagar, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Churu, Rajasthan.
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5. The Chief Medical And Health Officer, Department Of Medical And Health, District Nagour, Rajasthan.
----Respondents (3) S.B. Civil Writ Petition No. 7984/2021
1. Raziya Banu Mansuri D/o Mohammed Rafik Mansuri, Aged About 32 Years, Juna Bazar, Imambada, Chittorgarh, Rajasthan.
2. Kamlesh Sharma S/o Rameshwar Lal Sharma, Aged About 28 Years, Brahmpuri Mohalla, Post Kapasan, District Chittorgarh, Rajasthan.
3. Leela Joshi D/o Shanker Lal Joshi, Aged About 40 Years, C/o Sohan Lal Menariya, 21 Nagar Palika Karmachari Near Hanuman Temple, District Chittorgarh, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Chittorgarh, Rajasthan.
----Respondents (4) S.B. Civil Writ Petition No. 7599/2021
1. Sunita Chundawat D/o Jalam Singh, Aged About 29 Years, V/p Khari Kalamaba, Via Gulabpura, District Bhilwara, Rajasthan.
2. Mukesh Kumar Barbar S/o Banshi Lal Barbar, Aged About 37 Years, Mu. Palcha, Post Amrapura, Teh. Nimbahera, District Chittorgarh, Rajasthan.
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3. Jamna Lal Sen S/o Mangi Lal Sen, Aged About 38 Years, V/p Bhanna, Via Kankroli, District Rajsamand, Rajasthan.
4. Sandeep Kumar S/o Shyam, Aged About 30 Years, Vpo Sagwa, Teh. Sajjangarh, District Banswara, Rajasthan.
5. Bindiya Bhatt D/o Mukesh Chandra Bhatt, Aged About 30 Years, Village Lasad, Post Lasada, Tehsil Garhi, District Banswara, Rajasthan.
6. Champa Devi D/o Poonam Chand, Aged About 42 Years, Vpo Sisarwada Via Sojat Road, District Pali, Rajasthan.
7. Devendra Barwar S/o Kesharam Barwar, Aged About 32 Years, Gali No. 06, Rajiv Gandhi Colony, Chandana Bhakar, Near Masjid, District Jodhpur, Rajasthan.
8. Dinesh Kumar Teli S/o Gopal Lal Teli, Aged About 29 Years, V/p Palari Via Mod Ka, Nimbahera, Tehsil Asind, District Bhilwara, Rajasthan.
9. Ms Anju Kumari D/o Hira Ram Kumawat, Aged About 29 Years, Vpo Murdakia, Tehsil Sujangarh, District Churu, Rajasthan.
10. Hemlata Rajak Dhobi D/o Kalu Lal Dhobi, Aged About 31 Years, Village Madara, Tehsil Rajmagra, District Rajsamand, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health Officer, District Banswara, Rajasthan.
5. The Chief Medical And Health Officer, Department Of Medical And Health Officer, District Bhilwara, Rajasthan.
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6. The Chief Medical And Health Officer, Department Of Medical And Health Officer, District Chittorgarh, Rajasthan.
7. The Chief Medical And Health Officer, Department Of Medical And Health Officer, District Churu, Rajasthan.
8. The Chief Medical And Health Officer, Department Of Medical And Health Officer, District Jodhpur, Rajasthan.
9. The Chief Medical And Health Officer, Department Of Medical And Health Officer, District Pali, Rajasthan.
10. The Chief Medical And Health Officer, Department Of Medical And Health Officer, District Rajsamand, Rajasthan.
----Respondents (5) S.B. Civil Writ Petition No. 7888/2021 Lalita Surawat D/o Trilok Singh Surawat, Aged About 30 Years, Bheragura, Post Barjal Via Devgarh, Tehsil Bhim, District Rajsamand, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Rajsamand, Rajasthan.
----Respondents (6) S.B. Civil Writ Petition No. 7986/2021
1. Satya Narayan Pareek S/o Ratan Lal Pareek, Aged About 29 Years, R/o Village Junda, District Rajsamand, Rajasthan.
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2. Atul Kumar Garg S/o Shankar Lal Garg, Aged About 29 Years, R/o Village Jhunda, Tehsil Railmagra, District Rajsamand, Rajasthan.
3. Rameshwar Singh S/o Bhim Singh, Aged About 29 Years, R/o V/p Sameliya, Tehsil Bhim, District Rajsamand, Rajasthan.
4. Ashok Kumar S/o Sohan Lal, Aged About 28 Years, R/o V/p Kaladeh, Tehsil Bhim, District Rajsamand, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Rajsamand, Rajasthan.
----Respondents (7) S.B. Civil Writ Petition No. 7992/2021
1. Neetu Joshi D/o Kailash Chandra Joshi, Aged About 30 Years, Magwas, Post Damana, Tehsil Jhadol, District Udaipur, Rajasthan.
2. Amit Kumar Vijayvergiya S/o Ashok Kumar Vijayvergiya, Aged About 30 Years, 2/a, R.h.b., Colony, Goverdhan Vilas, Sector 14,m District Udaipur, Rajasthan.
3. Mukesh Kumar Jain S/o Badami Lal Jain, Aged About 36 Years, Vpo Oda, Tehsil Jhadol, District Udaipur, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of (Downloaded on 23/07/2021 at 08:46:12 PM) (6 of 25) [CW-9171/2021] Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Udaipur, Rajasthan.
----Respondents (8) S.B. Civil Writ Petition No. 7994/2021 Kanti Lal Damor S/o Hakru Damor, Aged About 45 Years, V/p Agoriya, Tehsil Bagidora, District Banswara, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Banswara, Rajasthan.
----Respondents (9) S.B. Civil Writ Petition No. 8028/2021
1. Rekha Vaishnav D/o Rampal Vaishnav, Aged About 33 Years, R/o Kachhola, Mandagarh, District Bhilwara, Rajasthan.
2. Sharda Sharma D/o Ramesh Chandra Sharma, Aged About 31 Years, R/o Mukam Post Bhadvo Ki Kotri, Tehsil Hurda, District Bhilwara, Rajasthan.
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3. Chand Mal Tailor S/o Brij Mohan Tailor, Aged About 31 Years, R/o Village Post Office Baldarkha, Tehsil Banera, District Bhilwara, Rajasthan.
4. Suresh Kumar Bhadala S/o Nanu Ram Bhadala, Aged About 28 Years, R/o Village Thikhriya Khera, Post Barana, Tehsil Asind, Bhilwara, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Bhilwara, Rajasthan.
----Respondents (10) S.B. Civil Writ Petition No. 8029/2021
1. Jamni Joshi D/o Amar Chandra Joshi, Aged About 34 Years, R/o Mod Ka Nimbahera, Tehsil Asind, District Bhilwara, Rajasthan.
2. Rajmal Tailor S/o Geharilal Tailor, Aged About 43 Years, R/o V/p Amli Via Gangapur, Tehsil Sahara, District Bhilwara, Rajasthan.
3. Sunil Kumar Dhaker S/o Jugnnath Dhaker, Aged About 28 Years, R/o Village Post Officer Sadaramji Ka Khera, Tehsil Bijoliya, District Bhilwara, Rajasthan.
4. Mamta Dhakar S/o Mangi Lal Dhakar, Aged About 28 Years, R/o Chota Naya Gav, Tehsil Bijoliya, District Bhilwara, Rajasthan.
----Petitioners
Versus
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1. The State Of Rajasthan, Through The Principle
Secretary, Department Of Medical And Health,
Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Bhilwara, Rajasthan.
----Respondents (11) S.B. Civil Writ Petition No. 8031/2021
1. Gayatri Sharma D/o Kailash Chander Sharma, Aged About 32 Years, R/o Village Dhanora, Post Gulana, Tehsil Begun, District Chittorgarh, Rajasthan.
2. Manju Kumari Teli S/o Govardhan Lal Teli, Aged About 29 Years, R/o Village Gilund, District Chittorgarh, Rajasthan.
3. Manish Kumar Vijayvargiya S/o Badri Lal Vijayvargiya, Aged About 36 Years, R/o Ward No. 07, Sadar Bazar, Kapasan, District Chittorgarh, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
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4. The Chief Medical And Health Officer, Department Of Medical And Health, District Chittorgarh, Rajasthan.
----Respondents (12) S.B. Civil Writ Petition No. 8033/2021
1. Meena Kumari Ahir D/o Ghanshyam Ahir, Aged About 29 Years, R/o Village Bansa, Post Mangrol, Nimbahera, District Chittorgarh, Rajasthan.
2. Ratan Lal Meena S/o Bhura Lal Mena, Aged About 28 Years, R/o Village Laxmipura, Post Sonagar, District Chittorgarh, Rajasthan.
3. Ratan Singh Chouhah D/o Narayan Singh Chouhan, Aged About 38 Years, R/o Village Chatawati, Post Bhimgarh, Tehsil Rashmi, District Chittorgarh, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Chittorgarh, Rajasthan.
----Respondents (13) S.B. Civil Writ Petition No. 8039/2021 Pramod S/o Harka Ram, Aged About 27 Years, V/p Hatundi Via Chadi, Tehsil Baori, District Jodhpur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, (Downloaded on 23/07/2021 at 08:46:12 PM) (10 of 25) [CW-9171/2021] Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Jodhpur, Rajasthan.
----Respondents (14) S.B. Civil Writ Petition No. 8044/2021
1. Chanda Kumari Sharma D/o Ram Gopal Sharma, Aged About 30 Years, C/o Bajrang Kirana Store, Devnarayan Mandir Road, Ward No. 12, Azad Nagar, District Bhilwara, Rajasthan.
2. Ratan Lal Purbiya S/o Suraj Mal Purbiya, Aged About 22 Years, R/o Village Satliyas, Tehsil Sahara, District Bhilwara, Rajasthan.
3. Manju Bairwa D/o Gokul Bairwa, Aged About 29 Years, R/o Vp Chawandiya, Tehsil Sahara, District Bhilwara, Rajasthan.
4. Sumitra Devi Sharma D/o Shankar Lal Sharma, Aged About 31 Years, R/o Village Jaingar, Post Shambhugarh, Tehsil Asind, District Bhilwara, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
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4. The Chief Medical And Health Officer, Department Of Medical And Health, District Bhilwara, Rajasthan.
----Respondents (15) S.B. Civil Writ Petition No. 8045/2021 Lalita Singh D/o Rajendra Prasad Shekhawat, Aged About 30 Years, R/o Aadarsh Nagar, Railway Station Road, Didwana, District Nagaur, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Nagour, Rajasthan.
----Respondents (16) S.B. Civil Writ Petition No. 8054/2021
1. Meera Kumari D/o Jhindu Ram, Aged About 31 Years, R/o Vpo Galar, Tehsil Rajgarh, District Churu, Rajasthan.
2. Sanju Kanwar D/o Chyanan Singh, Aged About 28 Years, R/o Vpo Bharang, Tehsil Taranagar, District Churu, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
(Downloaded on 23/07/2021 at 08:46:12 PM)(12 of 25) [CW-9171/2021] 2. The Director, Medical And Health Services,
Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Churu, Rajasthan.
----Respondents (17) S.B. Civil Writ Petition No. 8115/2021
1. Jitendra Bawal S/o Ramesh Kumar, Aged About 28 Years, Vpo Mundara, Tehsil Bali, District Pali, Rajasthan.
2. Jitendra Kumar S/o Gamana Ram, Aged About 28 Years, Village Post Manda, Via Sojat Road, Tehsil Marwar Junction, District Pali, Rajasthan.
3. Rajesh Bawal S/o Chimna Ram Bawal, Aged About 33 Years, 844 Ramdev Chowk Bichali Gali Mundara, Bali, District Pali, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Pali, Rajasthan.
----Respondents
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(18) S.B. Civil Writ Petition No. 8116/2021 Yogesh Chandra Joshi S/o Jagdish Chandra Joshi, Aged About 31 Years, Vpo Phlasiya, Tehsil Jhadol, District Udaipur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Udaipur, Rajasthan.
----Respondents (19) S.B. Civil Writ Petition No. 8117/2021
1. Meena Meghwal D/o Onkar Lal Meghwal, Aged About 37 Years, R/o Village Menar Via Kheroda, Tehsil Vallabhnagar, District Udaipur, Rajasthan.
2. Shakil Mohammad Shekh S/o Mustak Mohammad Shek, Aged About 27 Years, R/o Near Masjid Vallabhanagar, Tehsil Vallabhnagar, District Udaipur, Rajasthan.
----Petitioners Versus
1. The State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
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4. The Chief Medical And Health Officer, Department Of Medical And Health, District Udaipur, Rajasthan.
----Respondents (20) S.B. Civil Writ Petition No. 8126/2021 Laxman Lal Roat S/o Prabhu Lal Roat, Aged About 35 Years, R/o Village Kesarpura, Post Dhambola, Tehsil Simalwara, District Dungarpur, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Director, Department Of Ayurved And Indian Medicine, Directorate, Ashok Marg, Savatri Circle, Ajmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Dungarpur, Rajasthan.
----Respondents (21) S.B. Civil Writ Petition No. 8138/2021 Indira Meena D/o Ganesh Lal Meena, Aged About 33 Years, V.p Kachotiya, Tehsil Pipalkunt, District Pratapgarh, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
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3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Pratapgarh, Rajasthan.
----Respondents (22) S.B. Civil Writ Petition No. 8258/2021 Rajani Kant Swami S/o Kailash Chandra Swami, Aged About 34 Years, Vpo Rampura Beri, Tehsil Rajgarh, District Churu, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak, Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Churu, Rajasthan.
----Respondents (23) S.B. Civil Writ Petition No. 8462/2021 Manohar Singh Chouhan S/o Shambhu Singh, Aged About 29 Years, R/o 109, Mukhya Abadi, Siwada, Tehsil Sanchor, District Jalore, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
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3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Jalore, Rajasthan.
----Respondents (24) S.B. Civil Writ Petition No. 8463/2021 Prem Kumari Meena W/o Hukmi Chand Meena, Aged About 44 Years, R/o Jalota Fala, Village Biladi Post Suhagpura, Tehsil Pipalkhunt, District Pratapgarh, Rajasthan.
----Petitioner Versus
1. The State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Pratapgarh, Rajasthan.
----Respondents (25) S.B. Civil Writ Petition No. 8875/2021 Jay Singh S/o Shiv Charan Singh, Aged About 39 Years, R/o Talfara, Bharatpur, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, 'swasthya Bhawan', Tilak Marg, Jaipur, Rajasthan.
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3. The Chief Medical And Heatlh Officer, Department Of Medical And Health, District Sriganganagar, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medial And Health , District Churu, Rajasthan.
5. The Chief Medical And Health Officer, Department Of Medical And Health, District Nagour, Rajasthan.
----Respondents (26) S.B. Civil Writ Petition No. 8883/2021 Mukesh Kumar Sharma S/o Lallu Prasad Sharma, Aged About 33 Years, Village Gogolav, Post Hingotia, Via Dausa, District Dausa, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Sriganganagar, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Churu, Rajasthan.
5. The Chief Medical And Health Officer, Department Of Medical And Health, District Nagour, Rajasthan.
----Respondents (27) S.B. Civil Writ Petition No. 8876/2021 Yogendra Singh S/o Surendra Singh, Aged About 29 Years, R/o Village Pehal, Tehsil Mundawar, District Alwar, Rajasthan.
----Petitioner
Versus
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1. The State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Sriganganagar, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Churu, Rajasthan.
5. The Chief Medical And Health Officer, Department Of Medical And Health, District Nagour, Rajasthan.
----Respondents (28) S.B. Civil Writ Petition No. 9109/2021
1. Kuldeep Singh S/o Shri Nayab Singh, Aged About 34 Years, By Caste Sikh, R/o Ward No. 13, 11 Dlp, Hanumangarh, Rajasthan.
2. Jaswant Singh S/o Shri Baldev Singh, Aged About 34 Years, By Caste Sikh, R/o Behind Dev Temple, Ward No. 13, Talwara Jheel, 5 Arw-A, Hanumangarh, Rajasthan.
3. Chander Prakash S/o Shri Ramavatar Sharma, Aged About 39 Years, By Caste Brahmin, R/o 31 Ml, Tehsil Raisingh Nagar, District Sri Ganganagar, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through The Secretary, Medical And Health Department, Secretariat, Jaipur.
2. The Chief Medical And Health Officer, Medical And Health Department, Hanumangarh, Rajasthan.
----Respondents (29) S.B. Civil Writ Petition No. 9204/2021 Minaxi Kumari Pandey W/o Hemendra Kumar Tripathi, Aged About 30 Years, R/o Badabass, Jalia-Ii, Ajmer, Rajasthan.
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----Petitioner
Versus
1. State Of Rajasthan, Through The Principle
Secretary, Department Of Medical And Health,
Government Of Rajasthan, Swasthya Bhawan, Tilak Marga, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Sriganganagar, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Churu, Rajasthan.
5. The Chief Medical And Health Officer, Department Of Medical And Health, District Nagour, Rajasthan.
----Respondents (30) S.B. Civil Writ Petition No. 8475/2021 Sushila Sharma W/o Rajesh Kumar Sharma, Aged About 32 Years, 30, Near Bus Stand, Amesar, District Bhilwara, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through The Principle Secretary, Department Of Medical And Health, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
2. The Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur, Rajasthan.
3. The Chief Medical And Health Officer, Department Of Medical And Health, District Barmer, Rajasthan.
4. The Chief Medical And Health Officer, Department Of Medical And Health, District Bhilwara, Rajasthan.
----Respondents
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For Petitioner(s) : Mr. R.S. Saluja
Mr. Abhimanyu Singh Rathore
Mr. Adab Khan
Mr. B.S. Rathore
Mr. Saurabh Soni for
Mr. N.K. Sharma
For Respondent(s) : Mr. K.S. Rajpurohit, AAG with
Mr. Shreyansh Mehta
Mr. Salman Agha for
Mr. A.K. Gaur, AAG
Ms. Vandana Bhansali
JUSTICE DINESH MEHTA
Order
22/07/2021
1. The petitioners involved in this batch of writ petitions are having qualifications of Diploma in Aayush Nursing and Pharmacy (DAN & P) and are qualified to work on the post of Ayurvedic Nurse/Compounder Grade Junior. By way of these petitions, a direction has been sought to engage them as Covid Health Assistants, pursuant to the recruitment notifications, issued by the different Chief Medical & Health Officers of districts of Rajasthan.
2. In a bid to meet the challenges faced by the State on account of sudden surge of Covid cases (second wave), the State Government decided to recruit Covid Health Consultants and Covid Health Assistants and an order dated 18.05.2021 in this regard came to be issued by the State Government.
3. According to the said order, one Covid Health Assistant in each Gram Panchayat; three Covid Health Assistants in each Primary Health Centre and two Covid Health Assistants in each District Hospital Covid Centre were to be engaged on urgent temporary basis. Detailed guidelines in this regard were issued and accordingly recruitments for each district was to be made by a (Downloaded on 23/07/2021 at 08:46:12 PM) (21 of 25) [CW-9171/2021] Committee headed by the District Collector. For the post of Covid Health Assistant, qualification prescribed was that a candidate should be Nurse Gr.II/GNM and should be registered with the Rajasthan Nursing Council.
4. Pursuant to the Government order dated 18.05.2021, Chief Medical & Health Officers (being ex-Officio Secretary of the Committee) issued advertisements. In relation to minimum qualification, the advertisements clearly stipulated that the candidate must be a GNM and must have registration with the Rajasthan Nursing Council.
5. The petitioners have approached this Court with a grievance that the respondents are not considering them for the advertised posts of Covid Health Assistants, though they are eligible and are also able to discharge the functions, which a Covid Health Assistant or normal GNM can discharge.
6. Mr. Saluja, learned counsel for the petitioners, argued that the course curriculum, which the petitioners have undergone, if compared with the course curriculum which a GNM undertakes, is the same; the petitioners are also trained in all traits in nursing care including giving injection and vaccination etc. and thus, can perform the duties and responsibilities which a Covid Health Assistant is required to perform.
7. Learned counsel invited Court's attention towards the advertisement dated 23.05.2021, issued by the Chief Medical & Health Officer, Chittorgarh and pointed out that the duties to be discharged by Covid Health Assistant is to create awareness and sensitization towards the infection/pandemic, which can very well be done by the petitioners.
(Downloaded on 23/07/2021 at 08:46:12 PM)(22 of 25) [CW-9171/2021] 8. Learned counsel invited Court's attention towards the
Government order dated 07.04.2020 and pointed out that the Additional Chief Secretary of the Medical & Health Department availed the services of all medical officers and nurses-
compounders working in Ayurveda, Homeopathy and Unani Hospitals and argued that circumstances have seen no change and if the State had availed their services in April, 2020, there is no reason/justification for not giving the petitioners an opportunity to serve the State.
9. It was also argued by learned counsel that due to onslaught of Covid, the State is in requirement of a large number of health workers, which are not available and if the petitioners are given opportunity, it would be in the interest of all concerned.
10. Mr. K.S. Rajpurohit, learned AAG and Ms. Vandana Bhansali, learned Government Counsel, appearing for the respondent -
State, opposed petitioners' prayer and argued that the advertisements in question have been issued by Medical & Health Department and not by Ayurvedic Department. Learned AAG argued that scope of the work to be undertaken by Covid Helath Assistants requires only GNM/Nurse Gr.II and the petitioners, who are Ayurveda Nurses/Compounders, cannot discharge the responsibilities, which a Covid Health Assistant is supposed to discharge.
11. Learned Additional Advocate General argued that not only the order of the State Government dated 18.05.2021 but also the advertisements issued by the concerned Chief Medical & Health Officers clearly stipulated educational qualification to be Diploma in Nursing and registration with Rajasthan Nursing Council. Since petitioners are neither GNM nor having registration with Rajasthan (Downloaded on 23/07/2021 at 08:46:12 PM) (23 of 25) [CW-9171/2021] Nursing Council, they cannot be engaged as Covid Health Assistant.
12. It was also highlighted that the advertisements are not for regular recruitment and the engagement was only on urgent temporary basis, that too up to 31.07.2021 which period is soon going to pass, hence, no indulgence be granted.
13. Ms. Vandana Bhansali, learned Government Counsel, informed that similar controversy came up before the Jaipur Bench of this Court in relation to Covid Health Officer, pursuant to advertisement dated 31.08.2020 and submitted that the controversy in hand is almost identical to one involved in the case of Raghvendra Agarwal & Ors. Vs. State & Ors. (SB Civil Writ Petition No.10342/2020, decided on 01.10.2020). She submitted that if the Ayush Doctors have been held ineligible for the post of Covid Health Officers, the Ayush Nurses cannot be treated differently and held eligible for the post of Covid Health Assistants.
14. Mr. Saluja, learned counsel for the petitioners, while meekly conceding that going by the conditions of the advertisement, petitioners cannot be held eligible to be considered for the post of Covid Health Assistant, alternatively prayed that a Committee of Secretary, Medical & Health Department and Secretary, Ayush Department be constituted to decide as to whether the petitioners are eligible for the posts in question and accommodated pursuant to these advertisements or against any further advertisement, if issued by the Government.
15. It was prayed that the Committee so constituted, be asked to compare the course/curriculum of the petitioners vis-a-vis the curriculum of GNM and take a pragmatic decision.
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16. He maintained that petitioners do not claim priority over or parity with the GNMs. They may, however, be considered in case the posts remain vacant/unfilled.
17. Heard.
18. A perusal of the order dated 18.05.2021, issued by the State Government, clealry shows that the State Government, in Medical & Health Department, has decided to recruit Covid Health Consultants and Covid Health Assistants in a bid to combat emergent situation emanating from sudden upswing of Covid Cases. The Covid Health Assistants, to be appointed, are absolutely on urgent temporary basis and their tenure is only up to 31.07.2021. If the Government order dated 18.05.2021 and the advertisements issued for engagement of Covid Health Assistants are taken into consideration, there is no room for ambiguity that the Covid Health Assistants are required to be qualified as Nurse Gr.II/ GNM coupled with registration with Rajasthan Nursing Council.
19. Neither do the petitioners possess qualification of GNM/Nurse Gr.II nor do they have registration with the Rajasthan Nursing Council. They are, therefore, ineligible for the posts advertised.
20. Though interim order has been passed by a Coordinate Bench of this Court (followed by this Court), but none of the petitioners have been given appointment, as has been informed by learned counsel for the respondents.
21. In the opinion of this Court, in absence of the basic qualification and registration with the Rajasthan Nursing Council, the petitioners cannot be thrusted upon the State.
22. So far as petitioners' argument that the course curriculum of petitioners is equal to course/curriculum of GNM/Nurse Gr.II is (Downloaded on 23/07/2021 at 08:46:12 PM) (25 of 25) [CW-9171/2021] concerned, in my opinion, the Court cannot venture into such exercise. If at all it is required to be done, it can be done by the experts in the field.
23. All these writ petitions, being devoid of merit, are hereby dismissed.
24. Request to constitute a Committee, as suggested by Mr. Saluja is also turned down as it is the prerogative of the employer
- respondent Medical & Health Department to decide the educational qualification and other conditions of the recruitment, depending upon its requirements and other relevant factors.
25. The petitioners may (if so advised) address a representation before the Secretary, Medical & Health Department, who may, if deemed appropriate, consider their request to accommodate them in future engagement of Covid Health Assistant or like recruitments.
26. Needless to observe that the Secretary, Medical & Health Department shall be free to take his independent view in the matter without being influenced by the observation made in the order instant.
28. All stay applications and any other interlocutory applications stand disposed of accordingly.
(DINESH MEHTA),J (105,107,178-190, 192-204, 231,232,236 & 257)-skm/-
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