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[2026:RJ-JD:5551]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 2006/2026

Virender Prataap Singh S/o Shri Umran Singh, Aged About 30

Years, R/o 78, Lane No. 12/3, New Bjs Colony, Paota C Road,

Dist. Jodhpur, Rajasthan.

----Petitioner

Versus

1. State Of Rajasthan, Through The Principal Secretary,

Medical, Health And Family Welfare Services, Government

Secretariat, Jaipur.

2. The Joint Secretary, Medical And Health (Group-2)

Department, Secretariat, Jaipur.

3. The Director (Public Health), Medical And Health Services,

Health Bhawan, Jaipur.

4. The District Collector Cum Chairman, Rajasthan Medicare

Relief Society, Pali.

5. The Chief Medical And Health Officer, Pali (Raj.).

6. Block Chief Medical Officer, Rohet (Raj.).

7. In-Charge, Medical Officer, Community Health Center,

Dablirathan, District Pali (Raj.).

----Respondents

For Petitioner(s) : Ms. Raveena Dominic.

For Respondent(s) : Mr. Tanuj Jain for

Mr. Mukesh Dave, AGC.

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

30/01/2026

1. With the consent of both the parties, the matter is heard on

final disposal.

2. The present writ petition is filed challenging the action of the

respondents in not continuing the services of the petitioners

to the post of Medical Officer on Temporary Urgent Basis.

3. The petitioner was initially recruited to the post of Medical

Officer on Urgent Temporary Basis by way of contract and

the terms of contract clearly indicate that any such an

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appointments are made subject to one year or till the regular

appointments are made, whichever is earlier. Subsequently,

by order dated 11.04.2025, the employment of the petitioner

was extended till 30.09.2025, and thereafter, there was no

extension order, therefore, he has filed the present writ

petition.

4. The case of the State is that the very contract is for an

engagement for one year or till the regular appointments are

made, whichever is earlier and their services were not

further extended for the reason that a regular recruitment to

the post of Medical Officer has already been done and

posted. Therefore, the petitioner has no vested right to

continue after the regular appointments are made to the

post of Medical Officer.

5. Learned counsel appearing for the petitioner fairly submitted

that the engagement of Medical Officer through regular

recruitment is already done and they have no vested right to

seek continuation on such post, where the appointments are

made regularly; however, the respondents may

sympathetically consider their case for re-engagement on

the vacant post, which are unfilled with regular recruitment

and such a vacant post also be filled basing on the merit as

well as period of experience of the candidates, who were

being disengaged by virtue of regular appointments.

6. Learned counsel for the respondents submits that if the

respondent-Authority decided to fill-up any unfilled

vacancies, which are available after filling up of the regular

vacancies, the case for reengaging the persons may be

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considered sympathetically including the case of the

petitioner for re-engagement on the vacant/unfilled post

subject to merit and period of experience among the

candidates.

7. The terms of the contract clearly indicate that their

appointment is on Temporary Basis and for a fixed period or

happening of certain eventuality of regular appointments.

Since the very discontinuation is based on the regular

appointments, the petitioner has no vested right to continue

work on the post of Medical Officer for the reason that they

have appointed on Temporary Urgent Basis, however, when

the respondents seek to re-employ in the vacant post of

Medical Officer after regular recruitment, the case of the

petitioner or others are required to be considered

sympathetically.

8. In the above factual facts and