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

Judgment

5. Versus ----Petitioner State Of Rajasthan, Through Its Principal Secretary, Medical, Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005. Rajasthan University Of Health Sciences, Through Its Registrar/Convener, (Medical), Recruitment Examination-2024, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033. Medical Officer Principal, Sawai Man Singh Medical College, J.L.N. Marg, Jaipur-302004. Director, Medical, Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005. Chief Medical And Health Officer, Collectorate Area, Old Dhan Mandi, Sri Ganganagar, Rajasthan 335001. ---Respondents Connected With S.B. Civil Writ Petition No. 12578/2025 Dr. Hitesh Ninama S/o Mangilal Ninama, Aged About 27 Years, R/o 91, Hama Pada Gagarwa, Post Ghoditejpur, Teh. Chhotisarvan, Banswara, At Present C/o Dr. Sailendrfa Bhuriya, New Resident Doctor Hostel Gangawal Park, Adarsh Nagar, Jaipur (Raj.) 302004

4. Versus ----Petitioner State Of Rajasthan, Through Its Principal Secretary, Medical, Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005. Rajasthan University Of Health Sciences, Through Its (Medical), Registrar/Convener, Recruitment Examination-2024, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033. Medical Officer Prinicpal, R.n.t. Medical College, Udaipur-313004. 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:33684] (2 of 12) [CW-12576/2025]

5. Chief Medical And Health Officer, Dedansar Rd, Anchalvansi Colony, Malka Pol, Kishan Ghat, Jaisalmer - 345001 S.B. Civil Writ Petition No. 12579/2025 ----Respondents

Dr. Narendra Yadav S/o Shri Arjun Lal Yadav, Aged About 25 Years, R/o Pana Ki Dhani, Rundal, Teh. Amber, District Jaipur- 303805.

5. Versus ----Petitioner State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur- 302005. Rajasthan University Of Health Sciences, Through Its Registrar/Convener, Officer (Medical), Recruitment Examination-2024, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033. Medical Principal, Sawai Man Singh Medical College, J.L.N. Marg, Jaipur- 302004. Director, Medical, Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005. Chief Medical And Health Officer, Subhash Bazar, Tonk, Rajasthan 304001. S.B. Civil Writ Petition No. 12580/2025 ----Respondents Dr. Payal Meena D/o Ramesh Meena, Aged About 26 Years, R/o 5H-140, Indira Gandhi Nagar, Near Khatipura Railway Station, Jaipur-302017. Versus ----Petitioner

4. State Of Rajasthan, Through Its Principal Secretary, Medical, Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005. Rajasthan University Of Health Sciences, Through Its Registrar/Convener, Medical Officer (Medical), Recruitment Examination-2024, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033. Principal, Sawai Man Singh Medical College, J.L.N. Marg, Jaipur-302004. Director, Medical, Health And Family Welfare Department, Government Of Rajasthan, Swasthya [2025:RJ-JP:33684] (3 of 12) [CW-12576/2025] Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

5. Chief Medical And Health Officer, Jaipur-I, Mini Swasthya Bhawan, Main Road, Sethi Colony, Jaipur, Rajasthan, 302004. S.B. Civil Writ Petition No. 12581/2025 ----Respondents Dr. Arzoo Verma D/o Jagdish Prasad, Aged About 27 Years, R/o 137, Frontier Colony, Aadash Nagar, Jaipur- 302004.

5. Versus ----Petitioner State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur- 302005. Rajasthan University Of Health Sciences, Through Its Registrar / Convener, Medical Officer (Medical), Recruitment Examination-2024, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033. Principal, Sawai Man Singh Medical College, J.L.N. Marg, Jaipur- 302004. Director, Medical, Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005. Chief Medical And Health Officer, Ratangarh, Dist- Churu- 331022. S.B. Civil Writ Petition No. 12582/2025 ----Respondents Dr. Anil Bishnoi S/o Ramchandra Bishnoi, Aged About 25 Years, R/o 168, Sanjay Colony, Near Jhulelal Mandir, Nagaur, At Present Room No. 218, 2Nd Floor, New Resident Doctor Hostel, Near J.k. Loan Hospital, Jaipur- 302004. ----Petitioner Versus

2. State Of Rajasthan, Through Its Principal Secretary, Medical, Health And Family Welfare Department, Rajasthan, Government Secretariat, Jaipur-302005. Government Of Rajasthan University Of Health Sciences, Through Its Registrar / Convener, Medical Officer (Medical), Recruitment Sector-18, Examination-2024, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur- 302033. [2025:RJ-JP:33684] (4 of 12) [CW-12576/2025]

4. Principal, Sawai Man Singh Medical College, J.l.n. Marg, Jaipur-302004. Director, Medical, Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

5. Chief Medical And Health Officer, Central Jail Road, Shiv Rd, Ratanada, Jodhpur-342001. ----Respondents S.B. Civil Writ Petition No. 12857/2025 Dr. Gargi Dhaked D/o Shri Rameshwar Dhaked, Aged About 29 Years, R/o Muhari, Post Office Weir, Bharatpur-321408

5. Versus ----Petitioner State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005 Rajasthan University Of Health Science, Through Its Registrar/convener, (Medical) Recruitment Examination-2024, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033. Medical Officer Principal, Dr. S.N. Medical College, Shastri Nagar, Residency Road, Jodhpur-324001. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthaya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005 Chief Medical And Health Officer, Vikas Nagar, Bharatpur- 321001 S.B. Civil Writ Petition No. 12929/2025 ----Respondents Bajrang Lal Jakhar S/o Sh. Bhinyaram Jakhar, Aged About 27 Years, R/o Village Beegawas Ramsara, Tehsil Dungargarh District Bikaner (Raj.) Versus ----Petitioner

2. State Of Rajasthan, Through Its Principal Secretary Medical Health And Family Welfare Department Government Of Rajasthan, Government Secretariat, Jaipur- 302005. Rajasthan University Of Health Sciences, Through Its Officer (Medical), Registrar/convener, Medical Recruitment Examination- 2024, Sector- 18, Kumbha [2025:RJ-JP:33684] (5 of 12) [CW-12576/2025]

5. Marg, Pratap Nagar, Sanganer, Jaipur- 302033. Principal, Sawai Man Singh Medical College, J.L.N. Marg, Jaipur- 302004. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur- 302005. Chief Medical And Health Officer, Banswara, Rajasthan- 327001 S.B. Civil Writ Petition No. 12945/2025 ----Respondents Dr. Aditi Parashar D/o Shri Jitendra Parashar, Aged About 25 Years, R/o 46, Nirmal Vihar, Benad Road, Near Dadi Ka Phatak, Jhotwara, Jaipur, 302012.

5. Versus ----Petitioner State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005 Rajasthan University Of Health Sciences, Through Its Registrar/convener, Medical Officer (Medical), Recruitment Examination-2024, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033. Principal, Government Medical College, Rangwari Road, Kota- 324001. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005 Chief Medical And Health Officer, Shivsinghpura, Sikar, Rajasthan 332001 ----Respondents S.B. Civil Writ Petition No. 12992/2025 Dr. Pooja Dhuvariya D/o Shri Madan Lal, Aged About 31 Years, R/o Alakhpura Bogan, Teh. Laxmangarh, Dist. Sikar 332028. ----Petitioner Versus

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

2. Rajasthan University Of Health Sciences, Through Its Registrar / Convener, Medical Officer (Medical), [2025:RJ-JP:33684] (6 of 12) [CW-12576/2025]

5. Recruitment Sector-18, Examination-2024, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur- 302033. Principal, R.N.T. Medical College, Court Chouraha, Udaipur-313001. Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005. Chief Medical And Health Officer, Jaipur-II, Mini Swasthya Bhawan, Main Road, Sethi Colony, Jaipur -302004. ----Respondents For Petitioner(s) : Mr. Rajendra Soni with Mr. Vishal Soni & Dr. Nitin Soni Mr. Mukesh Dudi For Respondent(s) : Mr. Archit Bohra, AGC with Mr. Yash Joshi & Ms. Anjali Sharma HON'BLE MR. JUSTICE ANAND SHARMA Order 25/08/2025

1. All the aforesaid writ petitions involved almost common facts and question to be decided by this Court. Hence, they have been heard together and are being decided by this common order.

2. The petitioners have questioned the action of the respondents of not giving extra-ordinary leave to the petitioners pursuant to the notifications dated 31.07.2020, 22.02.2021 and circular dated 24.03.2022 by permitting them to join on the post of Medical Officer (Medical) in compliance of his appointment order dated 11.08.2025. A direction has also been sought for granting extraordinary leave to the petitioners for completing their MD [2025:RJ-JP:33684] (7 of 12) [CW-12576/2025] course for the remaining period after permitting them joining on the post of Medical Officer (Medical) by giving them leave till rejoining in the light of judgment of this Court in a similarly situated case.

3. It is stated that the petitioners appeared in NEET P.G. examination and succeeded in getting allotment in MD courses in different specialties. They also joined their courses at the respective colleges allotted to them and are pursuing their P.G. studies. For the purpose of joining the courses, they were required to submit their original documents in the office of colleges, which they have done as per requirement and those documents are in possession of respective colleges.

4. Learned counsel for the petitioners further submits that while they were pursuing their studies, pursuant to an advertisement issued by the respondent-Government, they participated for appointment on the post of Medical Officer and ultimately succeeded in being appointed vide appointment order dated 11.08.2025. He further submits that last date of joining pursuant to appointment order dated 11.08.2025 is 26.08.2025. However, in order to join pursuant to appointment order, they are required to submit original documents whereas such original documents are still in possession of the medical colleges, where they are pursuing their studies.

5. It has also been submitted that as per Rajasthan Service Rules, study leave is admissible to the Medical Officers for pursuing higher studies as many as for 36 months.

6. Learned counsel for the petitioners refers to notification dated 31.07.2020 (Annexure-10) in order to show that one [2025:RJ-JP:33684] (8 of 12) [CW-12576/2025] exception has been carved out in Rule 112 of RSR by way of amendment in order to confer entitlement of 36 months study leave to the Medical Officers for acquiring degree of post gradation/super specialty courses.

7. However, by way of issuing one memorandum dated

22.02.2021 it has been clarified that the said period of pursuing studies shall be treated as Extraordinary leave (EoL). Pursuant to aforesaid amended Rules and memorandum, the Department of Personnel has also issued circular dated 24.03.2022 clarifying that in case study leave is to be granted for a period of more than six months, then the same shall be in the form of extraordinary leave.

8. Learned counsel for the petitioners relies upon the judgment dated 10.01.2025 of Co-ordinate Bench of this Court in a batch of matters led by S.B. Civil Writ Petition No.61/2025 (Dr. Prateek Verma Vs. State of Rajasthan & Ors.).

9. Learned counsel for the petitioners further submits that the aforesaid judgment has been implemented by the respondent- State by way of showing order dated 29.01.2025, whereby in similar circumstances EOL has been granted to the respective petitioners.

10. Learned counsel for the respondents opposes the writ petition by submitting that the documents if lying with the respective colleges, where the petitioners are pursuing their studies, cannot be a ground to seek exemption from producing the original documents before joining. As per the provisions of Rules prevailing in the respondent-Government, no candidate can be allowed to join pursuant to any appointment order issued by the [2025:RJ-JP:33684] (9 of 12) [CW-12576/2025] State Government on any other post whatsoever without producing the original documents.

11. It has also been submitted that a prayer for granting extraordinary leave is premature at this stage, for the reason that as of now that petitioners are not member of service of the State Government, therefore, granting or not granting extraordinary leave or study leave can be a question only after their becoming as members of service. Therefore, merely referring different circulars or amended Rules would be of no help to the petitioners for the reason that such Rules and circulars are applicable only on Members of Rajasthan Medical in Health Services.

12. I have examined that record and heard learned counsel for both the parties.

13. The issue in hand has been considered by the Co- ordinate Bench of this Court in the case Dr. Prateek Verma (supra) and this fact has also not been disputed by the learned counsels appearing for the respondents.

14. It has not been brought to the knowledge of this Court that the aforesaid judgment dated 09.01.2025 passed in the case of Dr. Prateek Verma (supra) has either been challenged by the State Government before Division Bench or has either been stayed by any Higher Court.

15. In fact an order has also been placed on record (Annexure-14) by the petitioner in order to show that the order has been implemented by the State Government.

16. Under the aforesaid circumstances, following observations given by this Court in the case of Dr. Prateek Verma (supra) are relevant, which are as under: [2025:RJ-JP:33684] (10 of 12) [CW-12576/2025] "(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 be presented before the appointing authority by 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 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."

17. In the light of above facts and judgment given by this Court in the case of Dr. Prateek Verma (supra), this Court directs the respondent-Rajasthan University of Health Sciences or any other Government College, which is under the control of the [2025:RJ-JP:33684] (11 of 12) [CW-12576/2025] State Government to release original documents within a period of three days from the date of receipt of this order.

18. The respondents are also directed to allow the petitioner to join pursuant to appointment order 11.08.2025 at their respective place of posting, without pressing for submitting original documents, by accepting an affidavit along with bond revealing that the petitioners will submit the original documents within a period of seven days from the date of joining and they also bear the responsibility of veracity and validity of all such documents and in case any thing adverse is found in respect of validity and veracity of such documents, they will not claim any equity whatsoever and the respondents shall be at liberty to take action in accordance with law.

19. On receiving the original documents, the petitioners shall submit the same before the Appointing Authority within the aforesaid period.

20. After verifying the original documents and by giving certificate with regard to such document verification, the respondent-Government shall return the original documents back to the petitioners for duly submitting the same before their respective medical colleges, where they have been pursuing their studies.

21. In case, the petitioners join pursuant to aforesaid appointment order dated 11.08.2025, they shall be at liberty to submit application for grant of extraordinary leave for pursuing their higher studies, which shall be considered in accordance with applicable Rules and Circulars within a period of 15 days from the date of receiving such application. However, in case, the [2025:RJ-JP:33684] (12 of 12) [CW-12576/2025] application for extraordinary leave is rejected by the respondents then the petitioners shall be at liberty to approach this Court in the light of directions given in the case of Dr. Prateek Verma (supra).

22. 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.

23. Copy of this order be placed in all the aforesaid writ petitions. DAKSH/151, 153-157, 161-163 & 171 (ANAND SHARMA),J