High CourtsSingle Bench(2010) 05 RAJ CK 0032

Dr. Aditya Atreya and Others, Dr. Gopal Maheshwari and Others and Dr. Kamlesh Kr. Shandilya and Others vs Raj. University of Health Science and Others

Rajasthan High Court · Decided on 28 May 2010

HON’BLE JUDGES
Ajay Rastogi, J

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Judgment

5 paragraphs · 315 words

Ajay Rastogi, J.—While admitting the writ petitions prayer for interim relief was rejected vide orders dt. 07/04/2010 & 23/04/2010 - against which Special Appeal No. 302/2010 (Gopal Maheshwari and Ors. v. Raj. University of Health Sciences, State and Anr.) was preferred while deciding, it was observed to dispose of writ petition finally looking to nature of urgency involved herein but because of paucity of time, it is not possible to finally dispose of .

2.

Taking note of (supra), 2nd stay Appl. Nos. 622/2010 in CWP-4500/2010 and 2nd Stay Appl. 1279/2010 in CWP-5068/2010 have been moved. It has been brought to the notice of this Court that similar controversy was raised before principal seat at Jodhpur in CWP 3914/2010 (Dr. Khushwant & Dr. Ramesh Khatri v. State and Ors.) wherein after hearing Counsel for the parties, interim order dt. 24/05/2010 has been passed observing ad infra: -

9.

Subject to said process being undertaken and completed by the competent authority of the State Government, which may be done within period of two months from today; it is further directed that the petitioners'' case may be provisionally considered in the said counseling of the respondent- university as & when same takes place, subject to final decision of this writ petition.

In view of what has been observed (supra) by Co-ordinate Bench at principal Seat at Jodhpur in CWP-3914/2010 (Dr. Khushwant & Dr. Ramesh Khatri v. State and Ors.), 2nd Stay Appl. Nos. 622/2010 in CWP-4500/2010 & 2nd Stay Appl. No. 1279/2010 in CWP-5068/2010 stands disposed of. However, it is made clear that process of 2nd counselling which respondents, if initiated in regard to In-service Category Candidates will be subject to final decision of instant writ petitions.

3.

List on 16/07/2010 alongwith cognate cases in the light of DB order dt.03/05/2010 in Special Appeal (supra). A copy of this order be placed in each of stay applications.