Rajasthan High Court
Dr. Shweta Kaswa D/O Shri Kishor ... vs State Of Rajasthan on 4 February, 2022
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1550/2022
Dr. Shweta Kaswa D/o Shri Kishor Singh, Aged About 26 Years,
R/o Jagdamba Bhawan, Dr. Darshan Bhargawa Ki Gali,
Samarthpura, Piprali Road, Sikar, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary, Medical
Education Department, Government Of Rajasthan,
Government Secretariat, Jaipur-302005.
2. The Principal Secretary, Medical And Health Department,
Government Secretariat, Jaipur
3. The Director, Medical And Health Services, Swasthya
Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.)
4. The Chairman, NEET PG Medical / Dental 2021 Counseling
Board And Principal And Controller, SMS Medical College
And Group Of Affiliated Hospital, Jaipur.
5. Union Of India, Through The Secretary, Ministry Of Health
And Family Welfare, Nirman Bhawan, New Delhi
6. National Medical Commission, Through Its Secretary,
Pocket-14, Sector-8, Dwarka, Phase-I, New Delhi
7. National Board Of Examination In Medical Sciences,
Through Its Executive Director Having Registered Office
At Medical Enclave, Nams Building, Mahatma Gandhi
Marg, Ansar Nagar, New Delhi.
8. The Chief Medical And Health Officer, Udaipur .
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini, Adv.
For Respondent(s) : Dr. Vibhuti Bhushan Sharma,
Additional Advocate General with
Mr. Harshal Tholia, Adv.
Mr. Angad Mirdha, Adv.
Mr. Vishwas Saini, Adv. on behalf of
Mr. M.S. Raghav, Adv.
[all through video conferencing]
(2 of 5) [CW-1550/2022]
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
04/02/2022
The present writ petition has been filed by the petitioner
seeking a direction for issuance of No Objection Certificate for
undergoing Post Graduate Medical Course after participating in
NEET PG 2021.
The petitioner has also prayed that the respondents should
be directed to count experience till the date of counselling instead
of 30.09.2021.
Learned counsel for the petitioner submitted that the
petitioner was appointed as Medical Officer vide appointment
order dated 17.12.2020 and she submitted her joining in Primary
Health Centre, Jawas, Kherwara, Udaipur on 01.01.2021.
The petitioner has pleaded that after participating in the PG
Examination, she was declared successful and secured 479 marks
with NEET PG Rank 22314 and became qualified to participate in
Online All India 50% Quota Counselling.
Learned counsel for the petitioner submitted that initially the
State Government had decided to count service in
Rural/Difficult/Remote Areas upto 30.04.2021, however, later on
vide order dated 08.01.2022 the said date has been extended
upto 30.09.2021.
Learned counsel for the petitioner submitted that the
respondents issued an order dated 04.01.2022 wherein, they
granted No Objection Certificate to the candidates who have
worked less than 365 days and the petitioner has not been issued
(3 of 5) [CW-1550/2022]
No Objection Certificate without any reason as she has completed
more than 365 days of service.
The petitioner has also alleged that there is a discrimination
as the other candidate Priya Chaudhary placed at Serial No.2104
and worked only for 66 days, such candidate has been given No
Objection Certificate whereas, other candidate Kanchan Kumar
Sharma who has not worked in Rural/Difficult Area has also been
granted No Objection Certificate.
Learned counsel for the petitioner submitted that the
respondents by not issuing No Objection Certificate in favour of
the petitioner and further not counting her service till the
counselling, have acted in arbitrary and unreasonable manner.
Learned counsel-Mr. Harshal Tholia has filed reply to the writ
petition.
Learned counsel-Mr. Harshal Tholia submitted that the
petitioner who was appointed vide order dated 17.12.2020, has
not completed one year of probation period upto 30.09.2021, and
as such, she cannot be granted No Objection Certificate.
Learned counsel-Mr. Harshal Tholia further submitted that
the State Government has already extended the date of counting
in-service experience upto 30.09.2021 and the same has been
upheld by this Court in the case of Dr. Delip Singh & Ors.
Versus State of Rajasthan & Ors. (S.B. Civil Writ Petition
No.11568/2021) decided vide order dated 10.01.2022.
Learned counsel for the respondents further submitted that
the said order passed by this Court has also been upheld by the
Division Bench in the case of Dr. Neha Choudhary Versus State
of Rajasthan & Ors. (D.B. Special Appeal Writ
No.201/2022), vide its order dated 25.01.2022.
(4 of 5) [CW-1550/2022]
Learned counsel for the respondents further submitted that
as far as issue with regard to grant of No Objection Certificate to
other candidates named in the petition are concerned, the
respondents have already taken action against the erring officers
by asking their explanation as in what manner they have issued
No Objection Certificate.
I have heard the submissions made by learned counsel for
the parties.
The first prayer of the petitioner to grant No Objection
Certificate without completing one year upto 30.09.2021 cannot
be extended by this Court in view of order passed by this Court in
the case of Dr. Sonam Taji & Ors. Versus State of Rajasthan
& Ors. (S.B. Civil Writ Petition No.648/2022) & other
connected writ petitions, decided vide order dated 20.01.2022.
This Court in the said case has taken a view that if the State
Government has fixed the cut off date on completion of probation
period on 30.09.2021, the same is within the discretion of the
State Government, and as such, this Court has refused to interfere
in such matters where candidates asked for considering them for
the purpose of No Objection Certificate after completion of one
year of service from the date of appointment.
The second prayer of the petitioner to count her experience
beyond 30.09.2021 has also been decided by this Court in the
case of Dr. Delip Singh & Ors. Versus State of Rajasthan & Ors.
(supra) and the said decision has also been upheld by the Division
Bench in the case of Dr. Neha Choudhary Versus State of
Rajasthan & Ors. (supra).
(5 of 5) [CW-1550/2022]
This Court in view of the aforesaid judgments do not find any
force in the present writ petition and the same is accordingly
dismissed.
(ASHOK KUMAR GAUR),J
Ramesh Vaishnav/86/52
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