[2026:RJ-JD:4622]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 23770/2025

1. Deepak Kumar Vyas S/o Shri Mukut Bihari Vyas, Aged About 41 Years, R/o Mukharji Nagar, 14 Shukla Sadan, Bhawanimandi, District Jhalawar.

2. Hanuman Ram S/o Ummeda Ram, Aged About 40 Years, R/o Shivnathpura, Sanchore, (Jalore).

----Petitioners Versus

1. State Of Rajasthan, Through Principal Of Secretary, Medical And Health Services, Govt. Of Rajasthan Secretariat, Jaipur.

2. State Of Rajasthan, Through Principal Of Secretary, Medical Education, Govt. Of Rajasthan Secretariat, Jaipur.

3. Principal Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat Jaipur.

4. Principal Secretary, Department Of Finance, Government Of Rajasthan, Secretariat Jaipur.

5. Managing Director, N.h.m. Swasthya Bhawan, Jaipur. 6. Mission Director, National Health Commission, Jaipur.

7. Director, Directorate Of Medical And Heath Services, Government Of Rajasthan, Jaipur.

8. Director (Non- Gazetted), Medical And Health Services, Government Of Rajasthan, Jaipur.

9. Director, Rajasthan Medical Education Society, Rajasthan, Jaipur.

10. Nodal Officer (Mndy), Medical And Health Services, Jaipur. 11. Nodal Officer (Mnjy), Medical And Health Services, Jaipur. 12. Rajasthan Medical Services Corporation Ltd. (Rmsc), Through Its Managing Director, Department Of Medical And Health, Swasthya Bhawan, Jaipur.

13. Chief Executive Officer, State Health Assurance Agency, Rajasthan, Jaipur.

14. Project Director, National Health Mission (Mtc), Swasthya Bhawan, Secretariat, Jaipur.

15. Project Director, National Health Mission (Fbnc), Swasthya Bhawan, Secretariat, Jaipur.

16. Principal And Controller, Jhalawar Medical Collage, Jhalawar.

17. Principal Medical Officer, District Jhalawar. 18. Chief Medical And Health Officer, Jhalawar.

19. Rajasthan Medical Relief Society, Jhalwar, Through Secretary, District Jhalwar.

20. Principal Medical Officer, Jalore.

21. Chief Medical And Health Officer, Jalore.

22. Rajasthan Medical Relief Society, Jalore, Through Secretary, District Jalore.

----Respondents For Petitioner(s) : Mr. S.K. Verma with Mr. Vishwajeet Ranawat HON'BLE DR. JUSTICE NUPUR BHATI

Order

27/01/2026

1. The present writ petition has been filed challenging the action of the respondent authorities for not passing any order on the representation filed by the petitioners whereunder they have requested to consider their case for covering the Contractual Hiring To Civil Posts Rules, 2022 (hereinafter referred to as ‘the Rules of 2022’).

2. The case of the petitioners is that the petitioners were recruited by direct contract through the outsourcing agency and their case is also covered by the order dated 26.08.2025 passed by Division Bench of this Court in D.B. Civil Writ Petition No.11737/2024 titled as Rodu Lal & Ors. Vs. The State of Rajasthan & Ors. and connected batch of petitions.

3. The operative portion of the order dated 26.08.2025 reads as follows:

“40. This Court is further of the firm opinion that if the respondents continue with the services of the petitioners, without covering them under the Rules of 2022 would be against the principles as enumerated by the Hon’ble Apex Court in a catena of judgments wherein the Court has opined that the practice of appointment of contractual employees without any rules would lead to a situation of exploitation by the employer. With this intent only, the Rules of 2022 have been framed and therefore, the benefit of the said rules cannot be denied to the petitioners and similarly situated persons merely on the count of having been appointed through placement agency.

41. In light of the aforesaid facts & findings and the judgments, this Court is of the opinion that Rule 3 of the Rules of 2022 has to be read harmoniously, whereby, the petitioners and similarly situated persons, who have been appointed through placement agency after issuance of public advertisement are to be covered under the ambit of Rule 3 of the Rules of 2022. Since,