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

Judgment

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

2. Rajasthan University Of Health Sciences, Through Its Registrar/Convener, Medical Officer (Medical), Recruitment Examination-2024, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033

3. Principal, Government Medical College, Rangwari Road, Kota-324001.

4. 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, Swastaya Bhawan, Bhinmal-Jalore Rd, Near DTO Office, Jalore-343001. ----Respondents For Petitioner(s) For Respondent(s) : :

Mr. Rajendra Soni Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE ANAND SHARMA Order 03/09/2025

1. The petitioner has questioned the action of the respondents of not giving extra-ordinary leave to the petitioner 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 [2025:RJ-JP:35243] (2 of 7) [CW-13102/2025] 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 petitioner for completing her MD course for the remaining period after permitting her joining on the post of Medical Officer (Medical) by giving her leave till rejoining in the light of judgment of this Court in a similarly situated case.

3. It is stated that the petitioner appeared in NEET P.G. examination and succeeded in getting allotment in MD course in different specialty. She also joined her course at college allotted to her and is pursuing her P.G. studies. For the purpose of joining the course, she was required to submit her original documents in the office of college, which she has done as per requirement and those documents are in possession of respective college.

4. Learned counsel for the petitioner further submits that while she was pursuing her studies, pursuant to an advertisement issued by the respondent-Government, she 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 was 26.08.2025; however, subsequently extended up to 10.09.2025. However, in order to join pursuant to appointment order, she is required to submit original documents whereas such original documents are still in possession of the medical college, where she is pursuing her 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. [2025:RJ-JP:35243] (3 of 7) [CW-13102/2025]

6. Learned counsel for the petitioner refers to notification dated 31.07.2020 (Annexure-10) in order to show that one 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 petitioner 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 petitioner 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 petitioner.

10. Learned counsel for the respondents opposes the writ petition by submitting that the documents if lying with the respective colleges, where the petitioner is pursuing her 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 [2025:RJ-JP:35243] (4 of 7) [CW-13102/2025] join pursuant to any appointment order issued by the 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 petitioner is 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 petitioner 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 counsel 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. [2025:RJ-JP:35243] (5 of 7) [CW-13102/2025]

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: "(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 [2025:RJ-JP:35243] (6 of 7) [CW-13102/2025] directs the respondent-Rajasthan University of Health Sciences or any other Government College, which is under the control of the 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 her respective place of posting, without pressing for submitting original documents, by accepting an affidavit along with bond revealing that the petitioner 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 petitioner 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 petitioner for duly submitting the same before her respective medical college, where she has been pursuing her studies.

21. In case, the petitioner join pursuant to aforesaid appointment order dated 11.08.2025, she shall be at liberty to submit application for grant of extraordinary leave for pursuing her higher studies, which shall be considered in accordance with [2025:RJ-JP:35243] (7 of 7) [CW-13102/2025] applicable Rules and Circulars within a period of 15 days from the date of receiving such application. However, in case, the application for extraordinary leave is rejected by the respondents then the petitioner 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 writ petition filed by the petitioner is disposed of, with the aforementioned directions and liberty being granted.

23. Pending applications, if any, shall stand disposed of. DAKSH/40 (ANAND SHARMA),J