[2026:RJ-JD:7985]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2938/2026 Dr. Bhupinder S/o Parhladh Rai, Aged About 30 Years, R/o Ward No.06, Gigorani, Po Kagdana, District Sirsa (Haryana).

----Petitioner Versus

1. State Of Rajasthan, Through Its 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, Hanumangarh.

5. The Chief Medical And Health Officer, Hanumangarh Raj.

6. Block Chief Medical Officer, Sangaria, (Raj.), Hanumangarh. 7. In-Charge, Medical Officer, Primary Health Center, Shahpini, District Hanumangarh Raj.

----Respondents For Petitioner(s) : Mr. Vipul Dharnia. For Respondent(s) : Mr. Tanuj Jain, for Mr. Mukesh Dave, G.C.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

12/02/2026

1. The present writ petition has been filed by the petitioner with the following prayers:

“a. the respondents may kindly be directed to continue the petitioner's appointment until regular recruitment to all the post of Medical Officer takes place in the district Hanumangarh;

b. the termination order issued by the respondent CMHO, Hanumangarh may kindly be declared unjust, arbitrary and illegal and same may kindly be quashed and set aside qua petitioner;

C. the respondents may kindly be directed not to discontinue the petitioner on the post of Medical Officer (UTB) with all consequential benefits, till all the posts are to be filled by substantive appointment from regular recruitment process in the district Hanumangarh;

d. the consequential adverse order, if any, issued by respondents may kindly be summoned from the respondents and same may kindly be quashed and set aside with all consequential benefits including continuity of service;

e. the respondents may kindly be restrained from engaging anyone else on the post of Medical Officer presently being manned by the petitioner on Urgent Temporary Basis:

f. any other writ, order, directions as this Hon'ble Court deems just, fit and proper in the facts and circumstances of the case may kindly be passed in favor of the Petitioner;

g. Cost of the writ petition may kindly be awarded in favor of the Petitioner.”

2. Brief facts of the case are that the District Collector, as Chairman of Rajasthan Medicare Relief Society (RMRS) in Hanumangarh, constituted a selection committee for Medical Officer posts and issued an advertisement for Urgent Temporary Basis (UTB) appointments. The petitioner, being fully eligible, applied, participated in the interview, and received appointment order dated 08.08.2023 from CMHO, valid until regular recruitment fills all vacancies. The petitioner joined at CHC Shahpini and has continued in UTB service with periodic extensions, latest being order dated 11.04.2025 till 30.09.2025. Despite this, CMHO issued discharge order dated 13.08.2025 citing lack of sanction, even though many Medical Officer posts remain vacant in Hanumangarh district. This contradicts departmental practice of relocating UTB doctors to other district vacancies post-regular recruitment, as done in other districts and per court directions (e.g., Dausa CMHO order dated 09.09.2025 following judgment dated 26.08.2025). The discharge lacks jurisdiction, bypassing the selection committee (headed by District Collector) and ignoring available vacancies, while similarly situated UTB doctors continue elsewhere in Rajasthan. Hence, this writ petition challenges the discriminatory and arbitrary termination.

3. Learned counsel for the petitioner at the very outset submits that the issue involved in the present writ petition is squarely covered by order dated 07.01.2026 passed in the case of Dr. Pradeep Saveta Vs. State of Rajasthan & Ors.: SBCWP No.55/2026.

4. Learned counsel for the petitioner is not in position to refute that th