Dr Mrs Maina Raigar vs Principal Secretary And Ors
2021 Latest Caselaw 371 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13929/2017

Dr. Mrs Maina Raigar D/o Shri Babu Lal Raiger, W/o Sh. Pritam
Raj, Resident Of Plot No. 1, Raiger Basti, Mansinghpura, Tonk
Road, Jaipur, Rajasthan. Pursuing Pg M D Microbiology, At Sms
Medical College, Jaipur
                                                                   ----Petitioner
                                   Versus
1.     Principal Secretary, Deaprtment 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.     Principal, S M S 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

(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.

(2 of 2) [CW-13929/2017]

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 /23

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