Dr Ajay Gupta Son Of Shri Rajendra ... vs The State Of Rajasthan
2021 Latest Caselaw 3284 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 7786/2021

Dr Ajay Gupta Son Of Shri Rajendra Prasad Gupta
                                                                  ----Petitioner
                                   Versus
The State Of Rajasthan
                                                                ----Respondent

For Petitioner(s) : Mr. Dinesh Kumar Garg, Adv.

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

29/07/2021

Counsel for the petitioner submitted that the issue involved

in this writ petition has been considered by the Coordinate Bench

of this Court in S.B. Civil Writ Petition No.5532/2020 in the matter

of Dr. Kamal Jain Vs. State of Rajasthan wherein on

15.05.2020, the following order was passed:-

"Defects will be removed after the Lockdown period is over.

Counsel for the respondent Mr.Bharat Saini may file his reply.

Learned counsel for the petitioner submits that while the petitioner was selected and appointed as a Medical Officer vide order dated 25th March, 2020, at the same time he is also selected under the National Eligibilty-cum-Entrance Test(Neet)-PG Examination for PG course 2020. As the petitioner wants to do higher studies, he may be allowed to join the course and the petitioner undertakes to give a bond that after he completes PG course, he will rejoin service with the State Government and serve for at-least 3 years. Counsel relies on judgments passed earlier by this court.

Learned counsel for the respondents submits that in the appointment order there was a condition that the Medical

(2 of 2) [CW-7786/2021]

Officer will not under go PG course for one year and therefore the petitioner should not be allowed.

Prima facie, this court is of the view that the once the petitioner wants to pursue the higher study which would be beneficial for the State and also that the State Government also provides study leave for their employees, it would not be appropriate to deny the petitioner to join the PG course after joining in service. The State can always appoint another doctor during the period when the petitioner is undergoing PG course. However, the appointment of the petitioner would be saved and as soon as the petitioner completes PG course, he would be allowed to join back in service.

Considering that there is paucity of doctors in State of Rajasthan, a bond shall be taken from the petitioner of Rs.5 lacs for joining the State services after completing the PG course for three years.

State shall release his original documents for being produced in the respective medical course.

List after six weeks."

In that view of the matter, issue notice to the respondents

returnable on 31.08.2021.

List this matter alongwith S.B. Civil Writ Petition

No.5532/2020.

Meanwhile, operation of the order dated 06.07.2020

(Annexure-11) shall remain stayed subject to the condition that

the petitioner shall submit a bond of Rs. 5 lacs for joining the

State services after completing the PG Course before the Director

Medical and Health Services, Rajasthan, Jaipur.

(INDERJEET SINGH),J

JYOTI /81

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