MISS JOSHANA JONTHAN Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1996-2-21
HIGH COURT OF RAJASTHAN
Decided on February 08,1996

Miss Joshana Jonthan Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

V.K.SINGHAL,J. - (1.) ALL these writ petitions are disposed of by this common order since the controversy involved in all of them is common.
(2.) FOR the sake of deciding all these writ petitions. The facts stated in the case of Miss. Joshana. S.B. Civil Writ Petition No. 1529/95 are taken into consideration. In this matter a writ petition was filed by the Rajasthan Rajya Female Nursing Association, Jaipur and others, being D.B. Civil Writ Petition No. 1623/82 wherein the validity of the Rajasthan Medical and Health Subordinate Service Amendment Rules, 1982 was challenged. This writ petition was disposed of on 2.12.1994 In which the Division Bench of this court observed that the writ petition was filed way back in the year 1982 When the Rajasthan Medical and Health Subordinate Service Rules, 1965 was in force. Thereafter, various amendments have been made in these rules and, therefore, the entire edifice of the matter has been changed. If the petitioner association is entitled to any relief under the provisions of the aforesaid rules as amended upto date then they will be at liberty to file a fresh wilt petition.
(3.) ACCORDING to this decision of the Division Bench, the association or any member thereof could have challenged the action of the respondents in not giving the relief according to the amended provisions of the rules. The validity of the rules which was challenged by the association has not been declared ultravires nor it can be permitted to be challenged at this stage.;


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