BENCH AT JAIPUR v. State Of Rajasthan, Through Its Principal Secretary, Medical

Judgment

1. State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005

2. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

3. Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033.

4. Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subash Nagar, Shastri Nagar, Jaipur, Rajasthan 302016. ----Respondents Connected With S.B. Civil Writ Petition No. 62/2025 Dr. Neha Khandelwal D/o Rajendra Kumar Khandelwal, Aged About 28 Years, Resident Of 23, Chai Ghar Near Keshav Temple, Lawan, Tehsil- Lawan, Dausa- 303004 At Present Girls Hostel, Ruhs College Of Dental Sciences, Jaipur. Versus ----Petitioner

1. State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005

2. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005. [2025:RJ-JP:1465] (2 of 10) [CW-61/2025]

3. Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033.

4. Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subash Nagar, Shastri Nagar, Jaipur, Rajasthan 302016. ----Respondents S.B. Civil Writ Petition No. 63/2025 Dr. Jangid Pinky Daughter Of Suresh Bhai Jangid, Aged About 34 Years, Resident Of V.p.o. Looto, Tehsil Malsisar, District Jhunjhunu- 333001, Present Address Type-5, D-14, Fourth Floor, Esic Hospital, Jaipur Near Civil Line, Jaipur. Versus ----Petitioner

1. State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005

2. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

3. Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033.

4. Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subash Nagar, Shastri Nagar, Jaipur, Rajasthan 302016. ----Respondents S.B. Civil Writ Petition No. 64/2025 Dr. Manisha Saini Daughter Of Ramlal Saini, Aged About 29 Years, Resident Of Village And Post Gambhira, Teh Nainwa, District Bundi-323801, Present Address Girls Hostel, Ruhs College Of Dental Science, Jaipur. Versus ----Petitioner

1. State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005 [2025:RJ-JP:1465] (3 of 10) [CW-61/2025]

2. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

3. Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033.

4. Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subash Nagar, Shastri Nagar, Jaipur, Rajasthan 302016. ----Respondents S.B. Civil Writ Petition No. 67/2025 Dr. Pooja Panwar D/o Surendra Singh Rawat, Aged About 28 Years, Resident Of 38, Madhukar Nagar, B.o. Jain Gurukul School, Beawar-305901 At Present Girls Hostel, Ruhs College Of Dental Sciences, Jaipur. Versus ----Petitioner

1. State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005

2. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

3. Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033.

4. Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subash Nagar, Shastri Nagar, Jaipur, Rajasthan 302016. ----Respondents S.B. Civil Writ Petition No. 68/2025 Dr. Divya Gupta D/o Dr. Rakesh Gupta, Aged About 26 Years, Resident Of S-4, Shyam Apartment, C-7, Sarojini Marg, C-Scheme, Jaipur-302001. Versus ----Petitioner [2025:RJ-JP:1465] (4 of 10) [CW-61/2025]

1. State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005

2. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

3. Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033.

4. Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subash Nagar, Shastri Nagar, Jaipur, Rajasthan 302016. ----Respondents S.B. Civil Writ Petition No. 69/2025 Dr. Preeti Meena D/o Gopal Lal Meena, Aged About 34 Years, Resident Of Ward No. 6, Ishwar Nagar, Bundi (Raj.) 323602. At Present House No. 277, Sindhi Colony, Bhaskar Marg, Bani Park, Jaipur (Raj.) 302016 Versus ----Petitioner

1. State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005

2. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

3. Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033.

4. Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subash Nagar, Shastri Nagar, Jaipur, Rajasthan 302016. ----Respondents For Petitioner(s)

: Mr. Rajendra Soni Mr. Vishal Soni [2025:RJ-JP:1465] (5 of 10) [CW-61/2025] For Respondent(s) : Mr. Vigyan Shah, AAG Mr. Yash Joshi Mr. Nitin Soni HON'BLE MR. JUSTICE SAMEER JAIN Judgment 09/01/2025

1. Considering the fact that the instant petitions involve identical factual matrix the same were clubbed together and S.B. Civil Writ Petition No. 61/2025 is taken up as lead petition. Taking note of the said fact the instant batch of petitions are hereby adjudicated by this common judgment. It is made clear that the present judgment shall be applicable on mutatis mutandis basis upon the instant batch of petitions.

2. The lead petition S.B. Civil Writ Petition No. 61/2025 is filed with the following prayers: "(i) That by an appropriate writ, order or direction the respondents be directed to allow the petitioner to complete her M.D.S. Course after permitting joining on the post of M.O (Dental) in compliance of the appointment order dated 21.12.2024 by giving extra ordinary leave for higher studies following circular/notification no. F.1(2) FD/Rules/2006-I dated 22.02.2021, with all consequential benefits. (ii) By an another appropriate writ order or direction the respondent R.U.H.S. be directed to give her original documents which are required for joining as M.O. (Dental) and to give her leave for at least for few days to allow her to rejoin after getting extra- ordinary leave for completing higher studies of M.D.S Course following circular dated 22.02.2021 or [2025:RJ-JP:1465] (6 of 10) [CW-61/2025] in the alternate the respondent state be directed to allow the petitioner to join on the post of M.O. without original documents before 10.01.2025 as the same are lying with the RUHS, which is a state of Rajasthan owned University. (iii) That by an another appropriate writ, order or direction the respondents be directed to give extra ordinary leave for completing her higher studies M.D.S Courses for the remaining period of 10 months after permitting joining on the post of M.O. (Dental) in compliance of the order dated

21.12.2024, with all consequential benefits."

3. The crux of the matter is that the petitioner is a final year student under M.D.S. course which is likely to be completed on and around next ten months i.e. on 01.11.2025. During the currency of the said course the petitioner is selected for appointment on the post of M.O. (Dental) vide order dated 21.12.2024. Resultant to the said selection the petitioner has to join on the said post on or before

10.01.2025.

4. In this backdrop, learned counsel for the petitioner has submitted that if the petitioner did not join the services of the post by 10.01.2025, his/her appointment shall be terminated. It is further submitted that in the light of the memorandum dated

22.02.2021 (Annexure-10) issued by Government of Rajasthan Finance Department, the appropriate authority on considering the request made by the probationer-trainee who was/is continuing any course of study or preparing for nearby competitive examination before joining of service as probationer-trainee and applied for grant [2025:RJ-JP:1465] (7 of 10) [CW-61/2025] of extraordinary leave, before proceeding on leave, can allot/allow the said leaves.

5. Learned counsel for the petitioner has apprised the Court with the fact that on account of prevailing circumstances and the matter being subjudice before this Court, as a measure of caution, an affidavit is filed along with required bond before the competent authority, for obtaining the necessary original documents of the petitioners, as the said documents are to be furnished before the appointing authority.

6. Considering the short controversy involved, notices were issued vide order dated 06.01.2025 and learned counsel for the respondents has marked attendance and has submitted that the instant petition(s) is/are pre-mature for adjudication, as the petitioners have not joined on the said posts however, in the memorandum dated 22.02.2021 and the circular dated 24.03.2022 issued by DOPT it is categorically noted that upon joining, if a period of approximately six months is left qua further studies, the same can be considered appropriately as per the facts and circumstances, by the Competent Authority, sympathetically in favour of the petitioners/applicants, for the purpose of extension and the prayer so made. Therefore, the instant petition is unwarranted and pre- mature for adjudication. Moreover, if the petitioner-candidates apply to avail the said extra-ordinary leaves, the concerned authorities shall consider the same sympathetically. [2025:RJ-JP:1465] (8 of 10) [CW-61/2025]

7. Heard and considered the foregoing facts and circumstances of the instant petitions, the submissions made by the learned counsel for the parties and perused the relevant records. Considering the same this Court, deems it apposite to note down certain undisputed facts:

7.1 That the petitioners are pursuing their post graduation course i.e. M.D.S.

7.2 That during the currency of the said course, the petitioner(s) appeared and got selected for appointment on the post of M.O.(Dental) vide order dated 21.12.2024.

7.3 That as per the schedule of the appointing authority, the selected candidates have to join the services on the said post on or before 10.01.2025, prior to which their original documents are to be submitted before the appointing authority.

7.4 That the original documents of the petitioners/selected candidates as on date are retained with the respondent- RUHS/Medical Colleges, as the petitioners were enrolled therein under M.D.S. course.

7.5 That as a measure of precaution the petitioners have already submitted an affidavit along with the requisite bond, withdrawing themselves from the said course, before the competent authority.

8. Considering the aforementioned, this Court deems it apposite to dispose of the instant batch of petitions, in the following terms:

8.1 As per the contents of the memorandum dated

22.02.2021 (Annexure-10), the respective departments on considering the request made by the probationer-trainee who was/is [2025:RJ-JP:1465] (9 of 10) [CW-61/2025] continuing any course of study or preparing for nearby competitive examination before joining of service as probationer-trainee and applied for grant of extraordinary leave, before proceeding on leave, can allot/allow the said leaves.

8.2 Likewise, the circular dated 24.03.2022 issued by DOPT categorically notes that competent authorities as per their discretion can authorize the students pursuing their higher studies, the benefit of the extraordinary leaves.

9. Therefore, considering the foregoing facts and circumstances of the case, it can be noted that upon joining the petitioner- candidates can submit their application and apply for extra-ordinary leave, which can be considered in the light of above referred circular and memorandum, the present petition is filed at a pre-mature stage.

10. In light of the above mentioned, this Court directs respondent- RUHS to release the original documents of the petitioner(s), for the purpose of joining on the post of M.O (Dental). Additionally, appropriate application be filed by the petitioners upon joining on the said posts, for availing extra-ordinary leaves. However, in case, if the application of the petitioners to avail the extraordinary leaves is rejected, they will be at liberty to approach this Court again.

11. The petitioners (if yet not filed) are directed to file the appropriate requisite affidavit along with the bond, before the respondent-RUHS. It is directed that RUHS shall consider the said affidavit(s) of the petitioners and release the original documents of the applicants/petitioners, without further ado, as the same are to [2025:RJ-JP:1465] (10 of 10) [CW-61/2025] be presented before the appointing authority by the petitioners/selected candidates before/on 10.01.2025.

12. Additionally, it is directed that once the joining on the said post is granted and extra-ordinary leaves are sanctioned, the competent appointing authority will release the original documents of the petitioners and said original documents shall be again submitted before respondent-RUHS/respective colleges, within an upper limit of seven days from the date of submission of the said documents before the appointing authority.

13. Accordingly, the instant batch of petitions is disposed of, with the aforementioned directions and liberty being granted. Pending applications, if any, shall stand disposed of. Diksha Mishra/312-318 (SAMEER JAIN),J