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[2026:RJ-JD:14940]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 21515/2025

1. Manisha Devi D/o Sadhu Ram W/o Chandra Bhan, Aged About 31 Years, Resident Of Village Chanana Bara, Post Ghanau, Tehsil Rajgarh, District Churu, Rajasthan.

2. Bhateri D/o Munshi Ram W/o Somveer, Aged About 34 Years, Resident Of Vpo Bhagela, Tehsil Rajgarh, District Churu,

Rajasthan.

3. Mukesh Kumari D/o Bhoop Singh W/o Sunil Kumar, Aged About 39 Years, Resident Of Village Jharka, Post Harsauli, Tehsil Kotkasim, District Alwar, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Personnel, Government Of Rajasthan, Secretariat, Jaipur.

2. The Principal Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

3. The Joint Secretary, Medical And Health (Group 3)

Department, Government Of Rajasthan, Secretariat, Jaipur.

4. State Health And Family Welfare Institute (Sihfw), Rajasthan, Jhalana Institutional Area, Jaipur.

----Respondents

For Petitioner(s) : Mr. Mahipal Bhati, for Mr. Kaushal Gautam.

For Respondent(s) : Mr. Tanuj Jain, for Mr. Mukesh Dave.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

01/04/2026

1. This writ petition has been filed by the petitioners with the

following prayers:

“a) Issue a writ of Certiorari or any other appropriate writ, order, or direction, quashing and setÝng aside the rejection orders dated 24.07.2025 (Annexure-10) and 19.09.2025 (Annexure-13), being illegal, arbitrary, and directly contrary to the law laid down by this Hon'ble Court in S.B. Civil Writ Petition No. 7512/2022 (Aman Kumari vs. State of Rajasthan). b) directing the Respondents to forthwith consider the candidature of the Petitioners in the EWS category and finding them otherwise eligible and within the merit cut-off, to issue appointment orders for the post of Nursing OfÏcer

within a time-bound period.

c) Issue a further direction to the Respondents to grant the Petitioners all consequential benefits (including seniority,

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fixation of pay, and notional monetary benefits) from the date candidates lower in merit to the Petitioners were accorded

appointment.

d) Issue an appropriate interim direction commanding the Respondents to keep one post vacant for each of the Petitioners in the EWS category during the pendency of this

Writ Petition.

e) Pass any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the

case and in the interest of justice.”

2. Brief facts of the case are that the respondent, State Institute of Health and Family Welfare, Jaipur issued Advertisement No. F-109(7)/SIHFW/MH dated 05.05.2023 for recruitment of over 6600 Nursing Officers in non-scheduled areas, followed by multiple notices regarding applications, corrections, and document verification, all duly complied with by the petitioners; prior to this, an order dated 25.04.2023 issued by the Joint Secretary, Medical and Health (Group-3) Department, Government of Rajasthan, provided for grant of bonus marks based on experience, forming part of the merit criteria, and the petitioners, being eligible, applied within time though initially under the General category due to delay in obtaining Economically Weaker Sections (hereinafter referred to as “EWS”) certificates, later correcting their category to EWS through the grievance portal opened vide notice dated 12.09.2023; pursuant to court- directed processes, the petitioners were called for document verification in September 2023 under the EWS category, reflecting acceptance of their candidature, and were subsequently included and selected in the final merit list dated 06.12.2024 for Nursing Officer (Non-Scheduled Area) under the EWS-Female category, thereby creating a legitimate expectation of appointment;

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