GARIBA RAM v. STATE OF RAJASTHAN
Court: High Court of Rajasthan
Bench: MUKESH RAJPUROHIT
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2026-08-07. GARIBA RAM v. STATE OF RAJASTHAN. Read the judgment and case details on LawSphereX.
Judgment text
[2026:RJ-JP:37632] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Writ Petition No. 12661/2026 CNR: RJHC010567312026 | URN: CW / 23044U / 2026 1. Gariba Ram S/o Ram Niwas Naradhaniya, Aged About 31 Years, Resident Of Karwasaron Ki Dhani, Harsolav, Nagaur, Rajasthan - 342902. 2. Chhailu Kanwar W/o Prahlad Singh, Aged About 38 Years, Resident Of 34, Opp Kanya School, Nagori Bera, Jodhpur, Jodhpur Bsf Trg Centre, Rajasthan - 342026. 3. Amisha Sain D/o Teja Ram, Aged About 28 Years, Resident Of Rajputo Ka Baas Khariya Mithapur, Khariya Meethapur, Po- Kharia Mithapur, Dist- Jodhpur, Rajasthan - 342602. 4. Rampiyaree Choudhary W/o Sukhdev, Aged About 34 Years, Resident Of Patelo Ka Bass Nai Aabadi Shikarpura, Shikarpura, Jodhpur, Rajasthan - 342802. 5. Maya Fulwariya D/o Sohan Lal Fulwariya, Aged About 30 Years, Resident Of Regaron Ka Bas, Basnilunkaran, Nagaur, Rajasthan - 341513. 6.
Parveen Singh S/o Sardar Singh, Aged About 36 Years, Resident Of Rajaram Nagar, Sayla, Jalor, Rajasthan - 343022. 7. Ashok Singh Manda S/o Gopal Ram, Aged About 27 Years, Resident Of Dheengsari, Nagaur, Rajasthan - 341317. 8. Pankaj Kumar S/o Sita Ram, Aged About 34 Years, Resident Of Meghwalo Ka Naya Mohalla, Chenar (Rural), Nagaur, Rajasthan - 341001. 9. Mahendra S/o Pancha Ram, Aged About 31 Years, Resident Of Khojo Ka Bas, Ratkuriya, Po- Ratkuria, Dist- Jodhpur, Rajasthan - 342606. 10. Hemant Gehlot S/o Mahesh Prakash Gehlot, Aged About 35 Years, Resident Of Amli Bera, Mandor, Jodhpur, Jodhpur, Rajasthan - 342304. 11. Dipak Suthar, Care Of / Son Of Raju Ram, Aged About 21 Years, Resident Of 140/278, Roop Nagar, Mata Ka Than Magra Punjla, Jodhpur, Jodhpur, Rajasthan - 342304. 12. Yashpal Joshi S/o Kailash Joshi, Aged About 26 Years, Resident Of Brahamano Ki Pola, Mathaniya, Jodhpur, [2026:RJ-JP:37632] (2 of 6) [CW-12661/2026] Rajasthan - 342305. 13.
Bhan Singh S/o Arjun Singh, Aged About 30 Years, Resident Of Kacha Marg, Mungiyasar, Ratreri Kalan, Barmer, Rajasthan - 344011. 14. Mahendar Singh S/o Dalpat Singh, Aged About 27 Years, Resident Of Vijay Nagar, Khudiyala, Po- Khudiyala, Dist- Jodhpur, Rajasthan - 342306. 15. Sang Singh S/o Chawand Singh, Aged About 26 Years, Resident Of Ramchandrani Nagar, Dewatoo, Po- Dewatu, Dist- Jodhpur, Rajasthan - 342025. 16. Hemant Kumar Joshi S/o Babu Lal, Aged About 37 Years, Resident Of 609, Devasi Mohalla, Kushalpura, Pali, Rajasthan - 306305. 17. Bhag Singh S/o Khet Singh, Aged About 21 Years, Resident Of Dudwa Rupadevi, Roopadevi, Barmer, Rajasthan - 344034. 18. Suman Choudhary D/o Jagdish Choudhary, Aged About 26 Years, Resident Of 351, Darzio Ka Bas, Salawas, Salawas, Jodhpur, Rajasthan - 342802. 19. Bhagwana Ram S/o Poora Ram, Aged About 23 Years, Resident Of Morya Nagar, Unthwaliya, Utwaliya, Jodhpur, Rajasthan - 345021. 20.
Deepika Parihar D/o Ashok Singh, Aged About 35 Years, Resident Of Behind Mahesh Hostel, Jagtamba Coloney, Bombay Motor, Jodhpur, Jodhpur, Rajasthan - 342005. 21. Ramawtar Gurjar S/o Ratan Lal Gurjar, Aged About 24 Years, Resident Of Lamba Hari Singh, Po- Lamba Hari Singh, Dist- Tonk, Rajasthan - 304503. 22. Balveer Singh Khiriya S/o Giravar Singh, Aged About 29 Years, Resident Of Mangaliyo Ka Bass, Khejarla, Po- Khejarla, Dist- Jodhpur, Rajasthan - 342601. 23. Aayushi Gehlot D/o Ramesh Gahlot, Aged About 26 Years, Resident Of 1854, Near Kabristan, Lohakhan, Ajmer, Po- Ajmer, Dist- Ajmer, Rajasthan - 305001. 24. Heera Ram S/o Raghunath Ram, Aged About 24 Years, Resident Of Dholeriya Jagir, Po- Mandawas, Dist- Pali, Rajasthan - 306421. 25. Jitendra Singh S/o Shankar Singh, Aged About 28 Years, [2026:RJ-JP:37632] (3 of 6) [CW-12661/2026] Resident Of Rajputo Ka Bas, Barna, Jodhpur, Rajasthan - 342602. 26.
Sarita D/o Oma Ram, Aged About 22 Years, Resident Of Mekhaniyo Ki Dhani, Bairdon Ka Bas, Berdon Ka Bas, Jodhpur, Rajasthan - 342306. 27. Dalpat Choudhary S/o Dhanaram Choudhary, Aged About 29 Years, Resident Of Bera Badher Ka Navoda Pataliya Vas School, Bilara, Jodhpur, Rajasthan - 342602. 28. Naveen Bangra S/o Puraram Bangra, Aged About 27 Years, Resident Of Merta City, Kurdaya, Po- Kurdayan, Dist- Nagaur, Rajasthan - 341510. 29. Ajeet Singh S/o Arjunram, Aged About 28 Years, Resident Of Keriya Rawan, Nagaur, Rajasthan - 341514. 30. Rajeev Sharma S/o Ramanand Sharma, Aged About 25 Years, Resident Of Brahmano Ka Mohalla, Dholerao Kalan, Nagaur, Rajasthan - 341510. 31. Akram Raza S/o Nyaz Mohammed, Aged About 25 Years, Resident Of Silavato Ka Bas Gagrana, Gagrana, Gagrana, Po- Gagrana, Dist- Nagaur, Rajasthan - 341510. ----Petitioners Versus 1.
State Of Rajasthan, Through The Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Government Secretariat, Jaipur. 2. The Director (Non-Gazetted), Medical And Health Services, Rajasthan, Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur. 3. The Secretary, Medical Education And Vice-President, Rajmes, Jaipur. 4. The Director, Rajasthan Medical Education Society (Rajmes), Medical Education Bhawan, Govind Marg, Jaipur. 5. The Principal And Controller, Dr. S. n. Medical College And Associated Group Of Hospitals, Jodhpur. 6. M/s Pannadhay Security Services, 165, Salumber Ki Haveli, Raoji Ka Hata, Udaipur, Rajasthan - 313001 (Through Its Authorized Representative). [2026:RJ-JP:37632] (4 of 6) [CW-12661/2026] 7. M/s Lead Guard Services Private Limited, 312, Vaishali Tower-1St, Nursery Circle, Vaishali Nagar, Jaipur - 302021. 8. M/s Gajendra Enterprises, Bhutoo Ka Bass, Fatihpura, Bikaner - 334001. ----Respondents For Petitioner(s) : Mr. S. L.
Manda For Respondent(s) : Dr. Milap Chopra HON'BLE MR. JUSTICE MUKESH RAJPUROHIT Order 07/08/2026 1. At the outset, learned counsel for the parties jointly submit that in an identical controversy, Coordinate Bench of this Court vide order dated 19. 06. 2026 passed in SBCWP No. 13019/2026 : Vikash Joshi & Ors. v. State of Rajasthan & Ors. , disposed of the writ petition. The aforesaid order is reproduced hereunder: “1. Heard learned counsel for the petitioners. 2. The present writ petition has been filed with the following prayers:- “It is, therefore, most humbly and respectfully prayed that the Writ Petition may kindly be allowed and by issuing an appropriate writ, order or direction:-i. The impugned action/conduct on the part of Respondent College in replacing and disengaging the petitioners, be declared illegal and accordingly the communication letter dated 03. 06. 2026 (Annexure-4) to the extent of the petitioners, be also declared illegal and be quashed and set aside. ii.
The respondent college may further kindly be directed to continue the petitioners on the post of Nurse Grade-II with all consequential benefits and respondent college and the respondent outsourcing agencies may further kindly be restrained from engaging anyone else on the post of Nurse Grade-II, which are being manned by the petitioners on contractual basis. iii. Or, in view of the communication dated 15. 06. 2026 (Annexure-06), whereby, it is apparent that several [2026:RJ-JP:37632] (5 of 6) [CW-12661/2026] posts of Nursing Officer are lying vacant and vacancies are available, the respondents be directed to consider continuation of the petitioners against such available vacancies and thereafter not to replace them by another set of contractual employees till regularly selected candidates under the provisions of The Rajasthan Medical & Health Subordinate Service Rules, 1965 are made available. iv.
Any other appropriate relief which this Hon’ble High Court deems just and proper in the facts and circumstances of the case may kindly be passed in favor of the petitioners. ” 3. Learned counsel for the petitioners submits that the petitioners were appointed on the contract basis for a period till 31. 03. 2027 or till regularly selected employees under Rajasthan Contractual Hiring to Civil Post Rules, 2022 are available with the respondent-Department, whichever is earlier. Learned counsel submits that the regularly selected employees are available with the respondent-Department, thus, the services of the petitioners have been dispensed with vide order dated 03. 06. 2026. 4. Learned counsel further submits that after the regularly selected persons having joined in the respondent- Department, still there are number of vacancies available with the respondent- Department for the post of Nursing Officer.
He, therefore, prays that the respondents may be directed that in case, there are vacancies available in the Department and they are in need of services of the petitioners, the petitioners’ services can be adjusted in the nearby areas. 5. Considering the limited prayer of the petitioners, the writ petition is disposed of with a direction to the respondent No. 4 & respondent No. 5 to ascertain the number of vacancies available with them in their jurisdiction and if they desire to take the services of the petitioners on the post available, the petitioners may be adjusted or accommodated to serve on those posts till the regularly selected candidates are available with the respondent-Department. 6. It is made clear that if any of the petitioners are not discharging their duties satisfactorily, the respondents will be free to discharge them from the employment. 7. Stay petition as well as other pending applications, if any, shall also stand disposed of. ” 2.
In view of the above, the present writ petition is also disposed of with a direction to the petitioners to submit a representation before respondent Nos. 4 and 5 within a period of two weeks, along with a copy of the order rendered in Vikash Joshi (supra). Upon receipt of such representation, respondent Nos. 4 and 5 shall consider and decide the same in the light of the order passed in Vikash Joshi (supra). [2026:RJ-JP:37632] (6 of 6) [CW-12661/2026] 3. It is further directed that respondent Nos. 4 and 5 shall ascertain the number of vacancies available within their jurisdiction and, if they desire to engage the services of the petitioners against the available contractual posts, the petitioners may be adjusted or accommodated on such posts till regularly selected candidates become available with the respondent- Department. 4. It is made clear that if the petitioners are not discharging their duties satisfactorily, the respondents will be free to discharge them from the employment. 5.
Stay application as well as other pending applications, if any, shall also stand disposed of. (MUKESH RAJPUROHIT),J 67/Mrityunjay Singh Rathore
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.