HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN, J.
Irfan Ali S/o Shri Ishahak Ali - Petitioner
Versus
The State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health – Respondent
S.B. Civil Writ Petition No. 2925 of 2025, S.B. Civil Writ Petition No. 19597 of 2023
Decided On : 05-01-2026
ORDER :
ASHOK KUMAR JAIN, J.
1. These two writ petitions are connected with each other, therefore we are deciding these writ petitions with common order.
2. Earlier writ petition No.19597/2023 is filed by petitioner Irfan Ali and on 07.12.2023 an interim order is passed in favour of the petitioner, restraining respondents from taking any coercive action against the petitioner. During pendency of said writ petition, the services of petitioner were terminated on 08.02.2025 and subsequent writ petition No.2925/2025 is filed.
3. Writ Petition No.2925/2025 is filed with following prayer:
i) the impugned order dated 08.02.2025 issued by respondents by virtue of which services of the petitioner has been terminated from the post of Computer Operator w.e.f. 08.02.2025 may kindly be declared illegal and arbitrary;
ii) by issuing the writ of mandamus, order or direction in the nature thereof the respondents may be directed:
a) to consider the applications dated 07.01.2025, 16.01.2025 and 30.01.2025 submitted by the petitioner before the respondent authorities;
b) to allow the petitioner to render his service on the post of Computer Operator with all consequential benefits;
c) to regularise the services of the petitioner on the post of Computer Operator by considering his experience with all consequential benefits and seniority;
4. During pendency of writ petition No.19597/2023, another writ petition No.2925/2025 is filed with following prayer:
i) the impugned letter dated 29.09.2023 issued by Respondent No. 4 whereby the candidature of the humble petitioner came to be rejected for the post of Data Entry Operator may kindly be declared illegal and arbitrary;
ii) by issuing the writ of mandamus, order or direction in the nature thereof the respondents may be directed
a) to consider the candidature of the humble the petitioner for appointment on the post of Data Entry Operator sanctioned under Rajasthan Contractual Hiring to Civil Service Posts Rules, 2022;
b) to grant appointment to the humble petitioner on the post of Data Entry Operator in pursuance to the post sanctioned vide letter dated 25.08.2023 with all consequential benefits.”
5. Brief facts of the case are that present petitioner was selected and appointed on post of computer operator by Respondent No. 5(WP No.19597/2023) pursuant to selection process initiated by an advt. dated 01.08.2019 published in Dainik Bhaskar on 03.08.2019. On 25.08.2023, the Respondent No. 3 has invited application for the post of Data Entry Operator, (earlier known as Machine with Man), sanctioned under Rajasthan contractual hiring to Civil Posts Rules 2022, (hereinafter referred as “Rules of 2022”), and petitioner has filed application pursuant to said advertisement. The petitioner is having experience of computer operator since 2012 and was working with Respondent No. 5, was eligible and qualified for appointment, but the Respondents have rejected the candidature of present petitioner and communicated vide Order dated 29.09.2023 about the rejection and the writ petition No.19597/2023 is filed. While considering the writ petition, an interim order 07.12.2023 is passed restraining Respondents from taking any coercive action against the petitioner.
6. During pendency of the writ petition, the services of the petitioner were terminated vide order dated 08.02.2025, hence a fresh writ petition No.2925/2025 is filed.
7. Learned counsel for petitioner submits that on 01.08.2019, Respondents have invited application on post of Computer Operator and Present Petitioner has applied pursuance to advertisement and vide communication dated 27.08.2019. Present Petitioner was found eligible on post of Computer Operator. He further submitted that during his employment with Respondents, an advertisement dated 25.08.2023 is issued for engaging 2532 Computer Operator (earlier working as Machine with man on contract) under the Rules of 2022. The Petitioner has filed an application for selection as he was already working as Computer Operato




The main legal point established in the judgment is that the respondents must act fairly and justly, conduct a fair inquiry, and adhere to the principles of fair-play, good conscience, and natural ju....
Court in exercise of its extraordinary, equitable and discretionary jurisdiction under Article 226 of the Constitution of India has no power to re-write contract or to compel the State to enter into ....
The court upheld the termination of a contractual employee as valid, emphasizing that rights are governed by the contract terms, and principles of natural justice do not apply in the same manner to c....
Judicial review cannot extend to altering the terms of a contract post-expiry, and the principles of natural justice were upheld in the termination process.
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