##PAGE1##

[2026:RJ-JD:5221]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1621/2026

Dr. Mohammad Vasim Ansari S/o Shri Mohammad Sharif, Aged

About 40 Years, R/o Ward No. 4, Momin Mohalla, Tehsil Begun,

District Chittorgarh.

----Petitioner

Versus

1. The State Of Rajasthan, Through Principal Secretary,

Medical And Health Department, Government Of

Rajasthan, Secretariat, Jaipur.

2. The Director, Medical And Health Services Department,

Rajasthan, Swasthya Bhawan, Tilak Marg, C-Scheme,

Jaipur.

3. The Chief Medical And Health Officer, Chittorgarh.

----Respondents

For Petitioner(s) : Mr. Mohammad Akbar

For Respondent(s) : Mr. Mukesh Dave

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

29/01/2026

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 petitioner

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

appointments are made subject to one year or till the regular

appointments are made, whichever is earlier. Subsequently,

(Uploaded on 29/01/2026 at 06:37:09 PM)

(Downloaded on 15/02/2026 at 05:42:10 AM)

[2026:RJ-JD:5221] (2 of 3) [CW-1621/2026]

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, they have 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 his 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 petitioners have 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 he has 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

considered sympathetically including the case of the

petitioners for re-engagement on the vacant/unfilled post

(Uploaded on 29/01/2026 at 06:37:09 PM)

(Downloaded on 15/02/2026 at 05:42:10 AM)

[2026:RJ-JD:5221] (3 of 3) [CW-1621/2026]

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 petitioners have 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 petitioners or others are required to be

considered sympathetically.

8. In the above factual facts and circumstances of the case and

contentions of the parties, the writ petition is disposed of

with the directions to the respondents to consider the case of

the petitioner and other persons if any in the vacant post of

Medical Officer on Urgent Temporary Basis, their services are

required to be conside