Vihar Colony, Madarpur Road, Bharatpur v. State Of Rajasthan, Through Principal Secretary

Judgment

3. State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health, Government Secretariat, Jaipur. The Director, Medical And Health Services, Swastha Bhawan, Tilak Marg, C-Scheme, Jaipur. State Institute Of Health And Family Welfare, (Sihfw), Rajasthan Jhalana Doongri, Jaipur Through Its Director. Connected with S.B. Civil Writ Petition No. 19037/2024 ----Respondents Ramesh Chand Kumhar S/o Shri Vridhi Chand, Aged About 37 Years, R/o 109A, Raghunath Puri 1, Shyopur Marg, Goshala, Sanganer, Pratap Nagar Sector 11, Jaipur, District Jaipur (Raj.) Versus ----Petitioner

4. State Of Rajasthan, Through Its Secretary, Medical And Health Department, Jaipur (Raj.) Principal Secretary, Medical And Health Department, Jaipur (Raj.) Director, State Institute Of Health And Family Welfare, Jaipur (Raj.) Director (Non-Gazetted), Medical And Health Services, Jaipur (Raj.)

5. Registrar, Rajasthan Nursing Council (Rnc), Jaipur (Raj.) ----Respondents Connected With S.B. Civil Writ Petition No. 19101/2024

Rachana Choudhary D/o Suresh Chand Choudhary W/o Shri Gajraj Singh, Aged About 28 Years, Resident Of 65, Aspatal Ke Pass, Vpo Bailara, Tehsil Nadbai, District Bharatpur-321602 (Raj.) Versus ----Petitioner

2. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur. The Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. [2025:RJ-JP:7833] (2 of 7) [CW-172/2025]

3. State Institute Of Health Of Family Welfare, Through Its Director, Jhalana Doongri, Jaipur. ----Respondents S.B. Civil Writ Petition No. 19273/2024 Harmohan Singh S/o Ramniwas, Aged About 30 Years, R/o Johad Mohalla, Hatoondi, Tehsil Mundawar, Alwar (Raj.) Versus ----Petitioner

4. The State Of Rajasthan, Through Its Secretary, Medical And Heatlh Department, Jaipur, Rajasthan. Director, Health And Family Welfare Department, Rajasthan, Jaipur. The Additional Director (Administration), Medical And Family Welfare Department, Rajasthan, Jaipur. Director, State Institute Of Health And Family Welfare, Jhalana Doongri, Jaipur. S.B. Civil Writ Petition No. 19276/2024 Yogendra Singh, Son Of Shri Rameshwar Ram, Aged About 37 Years, Resident Of Village Bharounda Kalan, Tehsil Jhunjhunu, District Jhunjhunu (Rajasthan) ----Respondents Versus ----Petitioner

3. State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Medical And Health Services, Govt Of Rajasthan, Secretariat, Jaipur. Director, State Institute Of Health And Family Welfare (Sihfw), Jhalana Institutional Area, Jaipur Director, Medical And Health Services, Govt Of Rajasthan, Jaipur

4. Chief Medical And Health Officer, Jhunjhunu S.B. Civil Writ Petition No. 19340/2024 Lakshmi Patel W/o Dinesh Kumar Patel, Aged About 37 Years, R/o Mukam Post Kanba, Dungarpur (Raj). ----Respondents Versus ----Petitioner

3. The State Of Rajasthan, Through Its Secretary, Medical And Health Department, Jaipur, Rajasthan. Director, Health And Family Welfare Department, Rajasthan, Jaipur. The Additional Director (Administration), Medical And Family Welfare Department, Rajasthan, Jaipur.

4. Director, State Institute Of Health And Family Welfare, [2025:RJ-JP:7833] (3 of 7) [CW-172/2025] Jhalana Doongri, Jaipur. S.B. Civil Writ Petition No. 19344/2024 Pavan Puri Sadhu S/o Jagdish Puri Sadhu, R/o Post Jhonsawa, Tehsil Galiyakot, Dungarpur (Raj.) ----Respondents Versus ----Petitioner

4. The State Of Rajasthan, Through Its Secretary, Medical And Health Department, Jaipur, Rajasthan. Director, Health And Family Welfare Department, Rajasthan, Jaipur. The Additional Director (Administration), Medical And Family Welfare Department, Rajasthan, Jaipur. Director, State Institute Of Health And Family Welfare, Jhalana Doongri, Jaipur. S.B. Civil Writ Petition No. 19385/2024 Anil Kumar Sharma S/o Shri Ramkumar Sharma, Aged About 38 Years, Resident Of Tcm Stadium Ke Samne, Kaushik Sadan, Hindaun Road, Karauli District Karauli (Raj.) ----Respondents Versus ----Petitioner

4. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur. The Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur State Institute Of Health And Family Welfare, Through Its Director, Jhalana Doongri, Jaipur Pramod Kumar Sharma S/o Shri Ramesh Chand Sharma, Through The Director, State Institute Of Health And Family Welfare, Jhalana Doongri, Jaipur S.B. Civil Writ Petition No. 19591/2024 Shiva Chauhan Son Of Shri Raghunath Singh Chauhan, Aged About 31 Years, Resident Of Village Budhua Ka Nagla Post Garhi Sukha Tehsil Bari District Dholpur (Raj.) ----Respondents Versus ----Petitioner

2. State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health And Family Welfare Department, Secretariat, Jaipur (Raj.) Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.)

3. Additional Director, Non Gazzeted, Medical And Health [2025:RJ-JP:7833] (4 of 7) [CW-172/2025] Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.) ----Respondents S.B. Civil Writ Petition No. 19598/2024 Anuj Singh Parma Son Of Shri Narendra Singh Parmar, Aged About 31 Years, Resident Of Village And Post Angai Tehsil Sarmathura District Dholpur (Raj.) Versus ----Petitioner

3. State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health And Family Welfare Department, Secretariat, Jaipur (Raj.) Director, State Health And Family Welfare Institution, Jhalana, Institutional Area, Jaipur (Raj.) Additional Director, Non Gazzeted, Medical And Health Department, Swasthya Bhawan, Tilak Marg, Jaipur (Raj.) S.B. Civil Writ Petition No. 115/2025 Udal S/o Kishan Singh, Aged About 30 Years, R/o Vpo Ballabhgarh, Tehsil Bhusawar, District Bharatpur, Rajasthan. ----Respondents Versus ----Petitioner

3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur.

4. The Chief Medical And Health Officer, Bharatpur. S.B. Civil Writ Petition No. 256/2025 Rehana Banu Ansari D/o Shri Nizamuddin Ansari W/o Shri Nisar Moinuddin Ansari, Aged About 45 Years, Resident Of 26, Maharishi Dadhich Nagar, Kumbha Nagar, Chittorgarh (Raj.) ----Respondents Versus ----Petitioner

3. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur. The Director, Medical And Health Services, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur. State Institute Of Health And Family Welfare, Through Its Director, Jhalana Doongri, Jaipur. S.B. Civil Writ Petition No. 286/2025 ----Respondents [2025:RJ-JP:7833] (5 of 7) [CW-172/2025] Mukesh Kumar Sharma S/o Leela Ram Sharma, Aged About 35 Years, R/o Po Pataliyo Ki Dhani, Jaipur Road (Mrf Showroom), Thanagazi, District Alwar, Rajasthan. Versus ----Petitioner

3. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. ----Respondents S.B. Civil Writ Petition No. 324/2025 Mukesh Kumar S/o Heera Lal Lodha, Aged About 33 Years, R/o Village Jheejhaniya, Post Gurukul,tehsil Bakani, District Jhalawar, Rajasthan. Versus ----Petitioner

3. State Of Rajasthan, Through The Principal Secretary, Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. ----Respondents S.B. Civil Writ Petition No. 452/2025 Deep Singh Rawat S/o Moti Singh, Aged About 43 Years, R/o Ajeetgarh, Tehsil Bhim, District Rajsamand, Rajasthan. Versus ----Petitioner

4. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. The Registrar, Rajasthan Nursing Council, B-39, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan-302001 S.B. Civil Writ Petition No. 545/2025 Pavan Kumar Nagar S/o Lalchand Nagar, Aged About 36 Years, R/o Vpo Gundi, Tehsil Sunel, District Jhalawar, Rajasthan. ----Respondents Versus ----Petitioner [2025:RJ-JP:7833] (6 of 7) [CW-172/2025]

4. State Of Rajasthan, Through The Principal Secretary Medical And Health Department, Secretariat, Jaipur. The Director, State Health And Family Welfare Institution, Jaipur. The Director (Non-Gazette), Medical And Health Services, Rajasthan, Jaipur. The Registrar, Rajasthan Nursing Council, B-39, Sardar Patel Marg, C-Scheme, Jaipur, Rajasthan-302001 ----Respondents For Petitioner(s) For Respondent(s) : Dr. Saugath Roy, Adv. with Mr. Jag Mohan Pareek, Adv. Mr. Tanveer Ahamad, Adv. Mr. Ashwani Kumar Chobisa, Adv. Mr. Sukesh Panwar, Adv. Mr. Anjum Parveen Salawat, Adv. withdrawMr. Kartik Sharma, Adv. Mr. Ram Pratap Saini, Adv. : Mr. Archit Bohra, AGC with Mr. Rahul Verma, Adv. Mr. Neeraj Batra, Adv. HON'BLE MR. JUSTICE SAMEER JAIN Judgment 20/02/2025

1. The present matter pertains to recruitment on the post of Nursing Officer in pursuance to the vacancies issued vide advertisement dated 05.05.2023.

2. Considering the identical factual narrative, legal issues, and with consent of the various counsel representing the matters, the present bunch of petitions are adjudicated vide this judgment wherein, S.B. Civil Writ Petition No. 172/2025 titled as Sushma Vs. the State of Rajasthan and Ors. is taken as the lead petition. It is made clear that the present judgment shall be made applicable on mutatis mutandis basis on the petitions connected herein.

3. At the outset, learned counsel for the petitioner has submitted that the present petitions are filed with a prayer to [2025:RJ-JP:7833] (7 of 7) [CW-172/2025] direct the respondents to consider the candidature of the petitioners, as it is alleged that the petitioners were not registered with RNC during the experience period, as a number of petitioner(s) were working on contract basis at their erstwhile place of service, or were registered with other State councils.

4. At this nascent juncture, learned counsel for the petitioners has relied upon the judgment dated 19.04.2021 passed in S.B. CWP No. 1552/2020 titled as Sangeeta Mathew Vs. State of Rajasthan and S.B. CWP No.14393/2024 titled as Hakeem Uddeen Vs. State of Rajasthan (Judgment dated

12.12.2024), and has averred that the lis/controversy in hand is already adjudicated by the relied upon ratios. Hence, the same is no more res integra.

5. Learned counsel for the respondents, Shri Archit Bohra, AGC is unable to controvert that the judgment of Hakeem Uddin (Supra) is of akin factual matrix and is decided in favor of the petitioners. Howsoever, it is submitted that assailing the said judgment, the judgment debtors therein, have preferred an appeal before the Division Bench of this Court, wherein till date no stay order/interim order is passed.

6. In light of the foregoing facts and circumstances, and with consent of the respective sides, the present batch of petitions are allowed in terms of the ratio passed in Hakeem Uddin (supra). Pending applications, if any, shall stand disposed of.

7. A copy of this judgment be separately placed in the connected petitions. (SAMEER JAIN),J Ashwani Kr Srivastava /JKP-230, 193, 188, 192, 245, 197, 189, 216, 212, 172,223, 283, 179, 261, 276, 269