Rajasthan High Court
Dr Sanjay Jarwal vs Principal Secretary And Ors on 18 January, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9703/2018
Dr. Sanjay Jarwal S/o Shri Badri Lal Jarwal, Resident Of S-210-
211, Shopping Centre, Mahesh Nagar, 80 Feet Road, Jaipur,
Rajasthan Pursuing Pg M D Anesthesia, At Sms Medical College,
Jaipur
----Petitioner
Versus
1. Principal Secretary, Department Of Medical And Health ,
Government Of Rajasthan, Govt. Secretariat, Jaipur,
Rajasthan
2. Director Public Health Department Of Medical And Health,
Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur,
Rajasthan.
3. Rajasthan Public Service Commission, Ajmer, Rajasthan
Through Secretary
4. Secretary To The Government, Department Of Medical
Education Department, Govt. Of Rajasthan, Secretariat,
Jaipur, Rajasthan.
5. Additional Director Adm. Directorate Of Medical
Education, "chikitsa Shiksha Bhawan" Govind Marg,
Jaipur, Rajasthan.
6. Principal, Sms Medical College And Controller Of The
Attached Hospitals, Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vikas Kabra
For Respondent(s) : Mr. M F Baig
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
18/01/2021
Both the counsels agreed that the issue involved in the
present writ petition stands disposed of in view of the judgment
passed by this Court in case of Chandar Prakash Gunawat
(2 of 2) [CW-9703/2018]
(Dr.) Vs. State of Rajasthan, reported in 2014 (2) RLW (Raj.)
1730 and in SBCWP No. 19964/2017: Dr. Reenu Choudhary
Vs. State of Rajasthan and connected petitions decided by this
Court on 09.09.2019.
Relying upon the aforesaid judgments, learned counsel for
the PSC also does not dispute the aforesaid aspect.
In view thereof, the directions issued in Dr. Reenu Choudhary
(supra) mutatis mutandis shall apply on the present writ petition
also as under:-
"I have considered the submissions made
at bar and find that the petitioners had been
pursuing their Super speciality Course(D.M.)
with the State Medical College and thus, they
were also performing teaching activity. That
apart, a doctor having higher qualification is
also an asset for the State. There is also a
provision under the Rajasthan Service Rules for
grant of study leave for obtaining higher
qualification. Thus, viewed and respectfully
followed the earlier judgments, the petitioners
deserve to be allowed to complete the course
and join thereafter.
As the petitioners have completed their
course, the respondents are directed to take
steps for passing appropriate order for allowing
the petitioners to join on the post on which they
have been selected, namely, Assistant
Professors, General Medicine Discipline (with
regard to petitioners in SBCWP No.19964/2017)
and Senior Demonstrator, Micro Biology (with
regard to petitioner in SBCWP No.20890/2017.
In view of the above, both the writ
petitions are accordingly allowed.
No costs."
In view of the above, the writ petition is disposed of in the
aforesaid terms.
(SANJEEV PRAKASH SHARMA),J
NITIN/31
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