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2024 DIGILAW 1329 (RAJ)

Mukesh S/o Shri Raghuveer Singh v. State Of Rajasthan, Through Secretary, Department Of Medical And Health

2024-09-25

VINIT KUMAR MATHUR

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ORDER : Vinit Kumar Mathur, J. S.B. Civil Writ Petition No. 11947/2024 : S.B. Civil Writ Petition No. 11998/2024 : S.B. Civil Writ Petition No. 12018/2024 : S.B. Civil Writ Petition No. 13392/2024 : S.B. Civil Writ Petition No. 13449/2024 : S.B. Civil Writ Petition No. 13453/2024 : S.B. Civil Writ Petition No. 13479/2024 : 1. The present batch of writ petitions is based on similar and identical facts, therefore, the same are being heard and disposed of by this common order. 2. For proper adjudication of the controversy, facts of S.B. Civil Writ petition No.11947/2024 (Mukesh vs. The State of Rajasthan & Ors) are taken into consideration. 3. By way of filing the present writ petition, the petitioner has prayed for issuing the appointment order in her favour on the post of Women Health Worker in pursuance of the selections held in furtherance of the advertisement dated 19.05.2023. 4. Briefly noted the facts of the present writ petition are that in pursuance of the advertisement issued by the respondents on 19.05.2023, the petitioner being eligible in all respects applied for appointment on the post of Women Health Worker. The petitioner was called for document verification on 14.09.2023 and after verification of the documents, a provisional select list was prepared by the respondent Department but her name was not reflected in the category of selected candidates. However, name of the petitioner was reflected in the category of persons whose selections have been withheld. In these circumstances, the petitioner approached the respondents to know the reason why her appointment has been withheld but no satisfactory answer was given to her. Hence, the present writ petition has been filed. 5. Learned counsel for the petitioners submits that the petitioners are holding all the requisite eligibility conditions for appointments on the post of Women Health Worker and as per the select list declared by the respondents, the persons with lesser marks have been given appointments but the names of the petitioners have been kept in the category of withheld candidates. He submits that the petitioners have not been given any satisfactory reply for withholding their appointments. He prays that the respondents may be directed to consider the cases of the petitioners and if they are found eligible in all respects, then appointment orders may be issued in their favour within a stipulated period of time. 6. He submits that the petitioners have not been given any satisfactory reply for withholding their appointments. He prays that the respondents may be directed to consider the cases of the petitioners and if they are found eligible in all respects, then appointment orders may be issued in their favour within a stipulated period of time. 6. Per contra, learned counsel for the respondents submits that for various reasons, result of the candidates have been withheld and the Department is verifying the experience certificate and other documents. Learned counsel submits that the needful shall be done within a short time and the Department will take a final decision in the matter. Learned counsel submits that if the petitioners are found eligible in all respects, then the appointments order shall be issued in their favour. 7. I have considered the submissions made at the Bar and gone through the relevant record of the case. 8. It is an admitted position that the petitioners have appeared for document verification for the post of Women health Worker and the select/merit list of the candidates after completion of the exercise of document verification has been published. However, the respondent Department has kept the name of the petitioners in the list of “withheld cases” but the reason for withholding the result/appointment orders of the persons like the petitioners has not been disclosed. As per reply filed by the respondents, the Department is in the process of verification of number of things including experience certificate of the candidates and if the candidates in whose cases the results have been withheld are found fit in all respects, appointments orders shall be issued to them. Since the matter is pending consideration with the respondent Department for almost an year now, therefore, this Court feels that the verification of the requisite documents of the candidates whose result/appointments have been withheld should be decided expeditiously. 9. In view of the discussions made above, the writ petitions are disposed of with a direction to the respondents to decide the candidature of the petitioners and other similarly situated candidates by verifying the requisite documents and the other information required by the Department expeditiously preferably within a period of four weeks from the date of receipt of certified copy of this order and issue the appointment orders in their favour, if they are eligible in all respects. In cases in which the petitioners/persons who are not entitled or eligible to be appointed on the post of Women Health Worker, the respondents are directed to pass a speaking and reasoned order. 10. The stay applications and other pending applications, if any, also stand disposed of. S.B. Civil Writ Petition No. 12007/2024 : 11. By way of filing the present writ petition, the petitioner has prayed for issuing the appointment order in his favour on the post of Nursing Officer in pursuance of the selections held in furtherance of the advertisement dated 05.05.2023. 12. Briefly noted the facts of the present writ petition are that in pursuance of the advertisement issued by the respondents on 05.05.2023, the petitioner being eligible in all respects applied for appointment on the post of Nursing officer. The petitioner was called for document verification on 09.09.2023 and after verification of the documents, a provisional select list was prepared by the respondent Department but name of the petitioner was not reflected in the category of selected candidates. However, name of the petitioner was reflected in the category of persons whose selections have been withheld. In these circumstances, the petitioner approached the respondents to know the reason why his appointment has been withheld but no satisfactory answer was given to him. Hence, the present writ petition has been filed. 13. Learned counsel for the petitioner submits that the petitioner is holding all the requisite eligibility conditions for appointment on the post of Nursing Officer and as per the select list declared by the respondents, the persons with lesser marks have been given appointments but the name of the petitioner has been kept in the category of withheld candidate. He submits that the petitioner has not been given any satisfactory reply for withholding his appointment. He prays that the respondents may be directed to consider the case of the petitioner and if he is found eligible in all respects, then appointment order may be issued in his favour within a stipulated period of time. 14. Per contra, learned counsel for the respondents submits that for various reasons, result of the candidates have been withheld and the Department is verifying the experience certificate and other documents. Learned counsel submits that the needful shall be done within a short time and the Department will take a final decision in the matter. 14. Per contra, learned counsel for the respondents submits that for various reasons, result of the candidates have been withheld and the Department is verifying the experience certificate and other documents. Learned counsel submits that the needful shall be done within a short time and the Department will take a final decision in the matter. Learned counsel submits that if the petitioner is found eligible in all respects, then the appointment order shall be issued in his favour. 15. I have considered the submissions made at the Bar and gone through the relevant record of the case. 16. It is an admitted position that the petitioner has appeared for document verification for the post of Nursing Officer and the select/merit list of the candidates after completion of the exercise of document verification has been published. However, the respondent Department has kept the name of the petitioner in the list of “withheld cases” but the reason for withholding the result/appointment order of the persons like the petitioner has not been disclosed. As per reply filed by the respondents, the Department is in the process of verification of number of things including experience certificate of the candidates and if the candidates in whose cases the results have been withheld are found fit in all respects, appointments orders shall be issued to them. Since the matter is pending consideration with the respondent Department for almost an year now, therefore, this Court feels that the verification of the requisite documents of the candidates whose result/appointments have been withheld should be decided expeditiously. 17. In view of the discussions made above, the writ petition is disposed of with a direction to the respondents to decide the candidature of the petitioner and other similarly situated candidates by verifying the requisite documents and the other information required by the Department expeditiously preferably within a period of four weeks from the date of receipt of certified copy of this order and issue the appointment order in their favour, if they are eligible in all respects. In cases in which the petitioner/persons who are not entitled or eligible to be appointed on the post of Nursing Officer, the respondents are directed to pass a speaking and reasoned order. 18. The stay application and other pending application, if any, also stand disposed of.