S.B. Civil Writ Petition No. 16270/2016. Case: Anshu Chauhan Vs State of Rajasthan and Ors.. Rajasthan High Court

Case Number:S.B. Civil Writ Petition No. 16270/2016
Party Name:Anshu Chauhan Vs State of Rajasthan and Ors.
Counsel:For Appellant: Ajay Shukla, Adv. and For Respondents: Sanjeev Singhal, Dy. G.C.
Judges:Ajay Rastogi, J.
Issue:Constitution of India - Article 14
Judgement Date:February 08, 2017
Court:Rajasthan High Court
 
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Order:

Ajay Rastogi, J.

  1. Instant petition has been filed by the petitioner questioning the order of termination (Ann. 8 dt. 17-9-2016) from the post of Clinical Psychologist on which she was appointed on contract basis.

  2. The brief facts which are necessary for disposal of the present petition are that the Joint Secretary, Department of Medical & Health, Rajasthan, Jaipur issued an advertisement dt. 16-1-2015 inviting applications from the Service Provider/Agencies for making appointment on contract basis for different posts namely Psychiatrist, Clinical Psychologist, Psychiatric Nurse, Psychiatric Social Worker, Community Nurse (Case Manager), Monitoring & Evaluation Officer, Case Registry Assistant, Ward Assistants/Orderlies, Community Health Worker and service provider was called upon to submit their application by 27-1-2015 and their interviews were scheduled to be held on 29-1-2015.

  3. It is something a unique mechanism which is brought to the notice of the Court that the service provider has been called upon to appear in the interview who has no knowledge of the job to be assigned for either of the post and at one point of time took a decision to induct the persons of the required qualification of the respective posts which was never approved and the incumbents who are finally selected is completely unknown to the process of selection which was initiated pursuant to advertisement dt. 16-1-2015 and the contract was executed between M/s. Dixit Computers (Service Provider) and the Government and Clause (A) of the agreement indicates various posts & the places Jaipur, Hanumangarh, Churu, Chittorgarh, Jhalawar & Baran Districts where number of persons per district has to be appointed through agency on monthly payment per person per month and this Court considers it appropriate to quote the Clause (A) as under:-

    "(A) Agency will provide the services of following Contractual Manpower under National Mental Health Programmed (NMHP) in the six districts of the Rajasthan State i.e. Jaipur, Hanumangarh, Churu, Chittorgarh, Jhalawar and Baran Districts. The details are given in the table given below:-

  4. Indisputably, the candidates to be appointed on contract basis are made available by the service provider without scrutiny of their qualifications and personality by the competent authority but still the fact is that the agreements were executed by the individual candidates with the service provider and in consequence appointments were made in...

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