[2026:RJ-JD:8214]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 23522/2025

1. Rekha Shukla W/o Manojtiwari, Aged About 37 Years, R/o

272/29, Jamidar Bhawan, Hanuman Gali, Bhamtipura, Dholpur, Rajasthan, At Present Posting Rmncha Family Planning Counselor Government Hospital, Dholpur.

2. Arti Mishra W/o Shyam Hari Dixit, Aged About 31 Years, R/o E-51, Javaharnagar, Bharatpur, Rajasthan, At Present Posting Rmnch A Family Planning Counselor Rbm Janana Hospital, Bharatpur.

3. Surendra Sharma S/o Late Jagdish Prasad Sharma, Aged About 43 Years, R/o Madrasibagichi, Brahmpuri, Jaipur, At Present Posting Rmnch A Family Planning Counselor Gangori Hospital, Jaipur.

4. Naresh Kumar Joshi S/o Late Satya Narayan Joshi, Aged About 40 Years, R/o 399, Joshiyon Ka Bas Chandawato Ka Bas Gali Ke Ander Novchotiya Sojat City, 306104 District Pali, At Present Posting Rmnch A Family Planning Counselor Government District Hospital, Sojatcity.

5. Kushal Katara S/o Late Shri Hari Kishan Katara, Aged About 37 Years, R/o Plot No. 361, Gautumpatra, Ram Nagar, Sodala, Jaipur, At Present Posting Rmnch A Family Planning Counselor Janana Hospital, Jaipur.

6. Laxmi Kant Sain D/o Jairam Sain, Aged About 43 Years, R/o Parawala Colony, Ward 27, Iti Road, Badabass, Kotputli, Rajasthan Rmnch A Family Planning Counselor Government Bdm Hospital, Kotputli Jaipur.

----Petitioners Versus

1. The Principal Secretary To Government, Medical And Health And Family Welfare And Panchayati Raj (Medical And Health) Department, Rajasthan, Jaipur.

2. The Mission Director, Medical And Health Department Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.

3. The Project Director, Family Welfare Medical And Health Jaipur.

4. The Director, Finance Medical And Health Family Welfare Jaipur.

5. Chief Medical And Health Officer, Swasthya Bhawan Rto Officer Ke Pass Jodhpur Road Pali 306401.

6. Chief Medical And Health Officer, Jaipur First Mini Swasthya Bhawan City Colony, Jaipur.

7. Chief Medical And Health Officer, Swasthya Bhawan Zila Parisadke Pass Badi Road Dholpur.

8. Chief Medical And Health Officer, 6 Gc5 P4H, Unnamed Road, Vikas Nagar, Bharatpur, Rajasthan 321001.

----Respondents For Petitioner(s) : Mr. SK Verma HON'BLE DR. JUSTICE NUPUR BHATI

Order

13/02/2026

1. At the request of the learned counsel for the petitioners, the matter has been heard for final disposal at the admission stage itself.

2. The learned counsel appearing for the petitioners submits that the facts in the present case is similar to the facts in D.B. Civil Writ Petition No. 11737/2024 (Rodu Lal & Ors. Vs. State of Rajasthan & Ors.)

decided on 26.08.2025.

3. The relevant paragraphs of the order dated 26.08.2025 passed in the case of Rodu Lal (Supra) reads as follows:-

“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, the above rule has been read harmoniously in favour of the petitioners, therefore, there is no requirement to decide question No. (b), which was framed under para 13. The harmonious reading of the Rule itself clarifies that, there ought to be no discrimination between the contractual employees appointed through placement agency as well as the contractual employees appointed directly.

42. For the aforesaid reasons, the writ petitions are allowed in the following terms: (i) The respondents shall consider the individual case of each contractual employee, appointed prior to enforcement of the Rules of 2022 strictly in accordance with Rule 3 of the Rules of 2022, meaning thereby, that if an employee has been appointed on a post created by the Administrative Department with the concurrence of the Finance Department and the appointment has been through issuance of a public advertise