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HIGH COURT OF RAJASTHAN - RAJASTHAN HIGH COURT PRINCIPAL SEAT JODHPUR
NARENDRA KUMAR SAINI – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW 17647/2021
MEDICAL APPOINTMENT - SENIORITY - COMMON MERIT LIST - Petitioners entitled to seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioners was appointed with consequential benefits.
Fact of the Case:
Petitioners, who were appointed on the basis of a common merit list, sought seniority over respondents who were appointed lower in merit but earlier in time.
Finding of the Court:
The court held that the petitioners were entitled to seniority in order of merit of common selection amongst persons appointed in pursuance of the same selection with effect from the date person lower in order of merit than the petitioners was appointed with consequential benefits.
Issues: Whether the petitioners were entitled to seniority over the respondents who were appointed lower in merit but earlier in time.
Ratio Decidendi: The court relied on the judgment in Om Prakash & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.21214/2017, which in turn relied on the judgment in Hemlata Shrimali & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.3247/2015, and Suman Bai & Anr. v. State of Rajasthan & Ors. : 2009 (1) WLC (Raj.) 381.
Final Decision: The court directed the respondents to decide the petitioners' representation within 60 days from the date of receipt of certified copy of the order, strictly in accordance with law, while keeping into consideration the order passed by this Court in Om Prakash (supra).
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17647/2021
1. Narendra Kumar Saini S/o Banwari Lal Saini, Aged About
31 Years, R/o Village Leelamandha, Post Narainpur, Thanagazi, District Alwar, Rajasthan.
2. Vishvendra Singh S/o Bachchu Singh, Aged About 31 Years, R/o Village Hasanpur, Gadauli, Bharatpur, Rajasthan.
3. Pammi Ram Yadav S/o Mukh Ram Yadav, Aged About 31 Years, R/o Bhojpuri, Post Jalawas, Tehsil Mundawar, District Alwar, Rajasthan.
4. Suman D/o Rajender Singh, Aged About 29 Years, R/o Majhau, Udaipurwati, District Jhunjhunu, Rajasthan.
5. Munna Sharma S/o Sitaram Sharma, Aged About 30 Years, R/o Gidani, Nadoti, Gudha Chandraji, Karauli, Rajasthan.
6. Mohan Prakash S/o Bhagari Ram, Aged About 31 Years, R/o Bada Pautha, Piphera, Dholpur, Rajasthan.
7. Digamber Singh S/o Banwari Lal, Aged About 29 Years, R/
o 1286, Kamalpura, Ward No. 1, Bharatpur, Rajasthan.
8. Kamlesh Meena D/o Rang Lal Meena, Aged About 32 Years, R/o 7-B-26, Chandra Shekhar Azad Nagar, Bhilwara, Rajasthan.
9. Vikram Rana S/o Babulal Rana, Aged About 30 Years, R/o Ward No. 17, T.v. Tower Ke Piche, Chirawa, District Jhunjhunu, Rajasthan.
10. Shailesh Kumar Yadav S/o Jai Singh, Aged About 30 Years, R/o Dhani Ramdev Wali, Koojota, Kotputli, District Jaipur, Rajasthan.
11. Kanchan D/o Bajrang Lal, Aged About 31 Years, R/o Plot No. 28-29, Karni Colony, Murlipura, Jaipur, Rajasthan.
12. Suman D/o Ram Kumar, Aged About 30 Years, R/o Todi, Madhopura, Sangarwa, Sikar, Rajasthan.
13. Gunjan Kumar S/o Bholu Ram, Aged About 30 Years, R/o Ward No. 05, Vpo Mandawara, Tehsil Udaipurwati, District Jhunjhunu, Rajasthan.
14. Sunil Kumar Sen S/o Mahaveer Prasad Sen, Aged About
33 Years, R/o 205, Charbhuja Mandir Ke Pass, Itunda, Bhilwara, Rajasthan.
15. Bijendra Kumar S/o Jeevan Lal, Aged About 31 Years, R/o Butyana, Alwar, Rajasthan.
16. Manju Singh D/o Vijay Singh, Aged About 31 Years, R/o Mator, Alwar, Rajasthan.
17. Pinki Verma D/o Ramsingh Verma, Aged About 30 Years, R/o Bhebharam Nagar Colony, Neem Ka Thana, District Sikar, Rajasthan.
18. Anand Kanwar D/o Ajit Singh, Aged About 34 Years, R/o
29, Rajputo Ka Mohalla, Balekhan, Loharwara, District Jaipur, Rajasthan.
19. Sunita D/o Jagdish Prasad, Aged About 30 Years, R/o Manaksas, Jhunjhunu, Rajasthan.
20. Ranjeet Kirad S/o Bharat Ram, Aged About 29 Years, R/o Kathoomar, District Alwar, Rajasthan.
21. Mandeep Pal Singh S/o Jagmeet Singh, Aged About 30 Years, R/o 81, Chunawadh, Ganganagar, District Sriganganagar, Rajasthan.
22. Sapna Verma D/o Rameshwar Dayal Verma, Aged About
29 Years, R/o Trishool Karauli, Rajasthan.
23. Mahendra Singh S/o Sundar Lal, Aged About 30 Years, R/
o 27, Shiv Nagar, Hanuman Mandir Wali Gali, Girdharipura, Jaipur, Rajasthan.
24. Galla Meena S/o Ishwar Mal Meena, Aged About 29 Years, R/o Guwada, Jamdoli, District Alwar, Rajasthan.
25. Aarti Kumari Bairwa D/o Ram Lal, Aged About 29 Years, R/o 58, Pooja Vihar, Jamdoli, Agra Road, Luniyawas, District Jaipur, Rajasthan.
26. Kavita D/o Jainarayan, Aged About 35 Years, R/o K-54, Ganesh Nagar 05, Machada, Sitali, Harmada, Jaipur, Rajasthan.
27. Prashanna Kumar Sharma S/o Mahesh Chand Sharma, Aged About 29 Years, R/o Near Shanti Niketan School, Vardhman Nagar, Hindauncity, District Karauli, Rajasthan.
28. Jagdish Prasad Bairwa S/o Ramjee Lal Bairwa, Aged About 30 Years, R/o 256, Bairwa Basti, Piloda, Tehsil Gangapurcity, District Sawaimadhopur, Rajasthan.
----Petitioners Versus
1. The State Of Rajasthan, Through Secretary, Medical And Family Welfare Department, Rajasthan, Jaipur.
2. The Director (Non-Gazzeted), Medical And Health Services, Rajasthan, Jaipur.
3. The Addl. Director (Admn.), Medical And Family Welfare Department, Rajasthan, Jaipur.
4. The Principal And Controller, Sawai Mansingh Medical College And Hospital, Jaipur.
5. The Principal, Rajasthan University Of Health Science, Pratap Nagar, Jaipur.
6. The Principal Medical Officer, Govt. Rukmani Devi Beni Prasad Jaipuriya Hospital, Jaipur.
7. The Principal And Controller, Sms Medical College And
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