Basanti Devi vs The State Of Rajasthan
2023 Latest Caselaw 5920 Raj

[2023:RJ-JD:25755]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13396/2020

1. Basanti Devi D/o Shri Kundan Lal, Aged About 39 Years, Resident Of H-117, Uit Colony, Pratap Nagar, Jodhpur (Raj.).

2. Kusum D/o Shri Amar Chand, Aged About 37 Years, Resident Of K-411, Street No. 13, Shiv Basti, Baldev Nagar, Masuriya, Jodhpur (Raj.).

----Petitioners Versus

1. The State Of Rajasthan, Through Its Additional Chief Secretary, Department Of Medical And Health Services, Rajasthan, Jaipur.

2. The Director (Non-Gazetted), Medical And Health Services, Rajasthan, Health Bhawan, Jaipur.

3. Chief Medical And Health Officer, Jodhpur.

4. Rajasthan Private Nursing Schoold Federation, Through Its Secretary/president, Office Of E-277, Lal Kothi Yojna, Behind Vidhan Sabha, Jaipur (Raj.).

----Respondents

For Petitioner(s) : Mr. Yash Pal Khileree For Respondent(s) : Mr. Gaurav Ranka for Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Order 16/08/2023

1. The petitioners had approached this Court with an

apprehension that the respondents will not permit them to take

admission in GNM Course 2020-2021.

2. Mr Khileree, learned counsel for the petitioners, at the

outset, submitted that during the pendency of the writ petition,

the petitioners have been given admission in the course under the

category of 'In Service Candidate'.

3. He, however, submitted that petitioners' prayer for grant of

study leave as mentioned in prayer clause No.(d) still remains to

be considered by the respondents.

[2023:RJ-JD:25755] (2 of 2) [CW-13396/2020]

4. In support of his contention that the petitioners are entitled

for study leave, learned counsel for the petitioners invited Court's

attention to Rule 110 of Rajasthan Service Rules, 1951 so also the

judgment dated 30.11.2022 passed by this Court in the case of

Himmat Singh & Ors. Vs. State of Rajasthan & Ors. : S. B.

Civil Writ Petition No.17843/2015.

5. The present writ petition is disposed of with a direction to the

petitioners to apply for grant of study leave before the competent

authority by way of filing a representation along with photocopy of

the judgment in the case of Himmat Singh (supra) and a certified

copy of the order instant.

6. In case, the representation is addressed within a period of

four weeks, the competent authority shall consider the same in

accordance with law preferably within a period of eight weeks of

receiving the same.

7. If the order passed by the competent authority in relation to

the petitioners' claim for study leave is prejudicial to their rights,

they shall be free to take appropriate legal remedies, including

filing of a fresh petition.

8. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 71-akansha/-

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