Rajasthan High Court
CW/11768/2026 of DR. VASANT ACHRA S/O PREM SINGH Vs THE STATE OF RAJASTHAN on 5 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11768/2026 CNR: RJHC020630832026 | URN: CW / 26028U / 2026 Dr. Vasant Achra S/o Prem Singh, Aged About 35 Years, Resident Of F- 37, Indira Colony, District Jhunjhunu (Rajasthan). ----Petitioner Versus 1. The State Of
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11768/2026
CNR: RJHC020630832026 | URN: CW / 26028U / 2026
Dr. Vasant Achra S/o Prem Singh, Aged About 35 Years, Resident Of F- 37, Indira Colony, District Jhunjhunu (Rajasthan).
----Petitioner
Versus
1.
The State Of Rajasthan, Through Its Principal Secretary, Department Of Medical Education, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.
2.
The Director / Additional Director (Public Health), Medical And Health Services, Govt. Of Rajasthan, Swasthaya Bhawan, C- Scheme, Ashok Nagar, Jaipur, 302007 (Raj.).
3.
Director, Medical Education Department, Directorate Of Medical Education Rajmes, Chikitsa Shiksha Bhawan, Govind Marg, Jaipur.
4.
The Secretary, Department Of Medical Education, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.
5.
Office Of Chairman Dm/m.ch/md/ms Candidates Allotments Board-2025, Sms Medical College, Jln Marg, Jaipur 302004.
6.
The Principal And Controller, Sms Medical College, Jaipur, Rajasthan.
7.
The Principal And Controller, Jhunjhunu Medical College, Jhunjhunu, Rajasthan.
8.
Yashasvi Saini D/o Om Prakash Saini, Aged About 30 Years, R/
o 490-D, Rajni Vihar, Ajmer Road, Jaipur, Heerapura, Rajasthan (302024)
----Respondents
For Petitioner(s)
:
Mr. Mohit Balwada
For Respondent(s)
:
Mr. Parth Sharma for NP No.8
Ms. Tanvisha Pant for
Mr. Vigyan Shah, AAG
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
05/08/2026
1. Heard learned counsel for both parties and perused the material available on record.
2. Petitioner is a Medical Officer working as a Senior Resident in the Department of ENT at SMS Medical College, Jaipur, and owing
(2 of 3) [CW-11768/2026] to certain family adversities, he seeks his transfer vice private respondent No. 8, who is presently serving as a Senior Resident in the Department of ENT at Government Medical College, Jhunjhunu.
3. Learned counsel for petitioner submits that petitioner's wife is in the advanced stage of pregnancy and is residing at Jhunjhunu, where no family member is available to look after her. Therefore, it has been prayed that, with the mutual consent of both incumbents, petitioner be transferred to continue his Senior Residentship at Government Medical College, Jhunjhunu, vice private respondent No. 8, who is agreeable to join in place of petitioner.
4. Learned counsel for petitioner further submits that the Directorate of Medical, Health and Family Welfare Services, Rajasthan, Jaipur, has permitted transfers of as many as 390 Assistant Radiographers, on the basis of mutual consent, by separate orders of even dated 04.12.2024. Copies of the said orders have been placed on record, to show that such a practice is being followed by the Medical and Health Department.
5. Learned Counsel for petitioner further submits that the order dated 11.06.2026 (Annexure-4), whereby assent to mutual interchange of Senior Residentship has been declined, is a general order and does not apply to the case of petitioner in such peculiar facts and circumstances.
6. Learned counsel also submits that representations submitted by petitioner have not been considered or decided by respondents, by passing a reasoned and speaking order. Reference has been
(3 of 3) [CW-11768/2026] made to the representation dated 15.06.2026 (Annexure-6) filed by petitioner.
7. Despite granting adequate opportunity, respondents have not filed their reply to the writ petition.
8. In the aforesaid circumstances, without expressing any opinion on the merits of the case, this Court deems it appropriate to direct respondents- State Authorities to consider and decide petitioner's representation dated 15.06.2026, seeking mutual exchange of Senior Residentship with private respondent No. 8, by passing a reasoned and speaking order, in accordance with law. If any fresh representation is required to be submitted, petitioner shall do so within a period of three days from today. It is expected that respondents- State Authorities shall consider and decide the representation, within a period of 15 days.
9. With the aforesaid observations and directions, instant writ petition stands disposed of.
10. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin Sharma/ S-94