Rajasthan High Court - Jodhpur
State Of Rajasthan vs Dr Tulsi Das Gautam ... on 18 August, 2023
Bench: Vijay Bishnoi, Yogendra Kumar Purohit
[2023:RJ-JD:26122-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Special Appeal Writ No. 192/2023
1. State Of Rajasthan, Through The Additional Chief
Secretary, Department Of Medical and Health, Govt. Of
Rajasthan, Jaipur.
2. Director (Public Health), Department Of Medical & Health,
Directorate, Health Bhawan, Jaipur.
3. Additional Director (Gazetted) Department Of Medical and
Health, Directorate, Health Bhawan, Jaipur.
4. Principal And Controller, Sardar Patel Medical College And
Associate Group Of P.B.M. Hospital, Bikaner.
5. The Medical Officer In-charge Primary Health Centre,
Manjhuwas, District Sriganganagar.
6. The Medical Officer In-charge Community Health Centre,
Khanuua, District Bharatpur
7. The Medical Officer In-charge Community Health Centre,
Basainawad, District Dholpur.
8. The Medical Officer In-charge Community Health Centre,
Panchu, District Bikaner.
----Appellants
Versus
1. Dr. Tulsi Das Gautam S/o Shri Suresh Kumar, Aged About
26 Years, R/o House No.43 Setia Colony Street No.9,
Near Police Chowky, Sri Ganganagar, Tehsil And District
Sri Ganganagar (Raj.)
2. Dr. Amit Kumar S/o Prem Singh, Aged About 28 Years,
R/o Village and Post Karahi, Nadbai, District Bharatpur
(Raj.)
3. Dr. Suryakant Maurya S/o Suresh Chand Maurya, Aged
About 28 Years, R/o Ambedkar Nagar Colony, Ondela
Road, District Dholpur (Raj.)
4. Dr. Santosh Meghwal D/o Chetan Ram Meghwal, Aged
About 31 Years, R/o House No.C-127, Kanta Khaturia
Colony, Pawanpuri, Bikaner Tehsil & District Bikaner (Raj.)
----Respondents
For Appellant(s) : Mr. Rajat Arora, AAAG
with Mr. Lucky Rajpurohit
for Mr. K.S. Rajpurohit, AAG
[2023:RJ-JD:26122-DB] (2 of 3) [SAW-192/2023]
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Judgment
18/08/2023
As per office report, this special appeal writ is barred by 206
days.
This special appeal writ has been filed by the appellant-State
being aggrieved with the order dated 15.03.2021 passed by the
learned Single Judge of this Court in S.B. Civil Writ Petition
No.4203/2021 (Dr. Tulsi Das Gautam & Ors. Vs. State of
Rajasthan & Ors.), whereby the learned Single Judge while issuing
notices to the appellant-State has passed the interim order to the
effect that the respondents' appointment shall not be cancelled on
account of non-joining.
Brief fact of the case are that when the respondents were
pursuing Post Graduation Course, they were offered appointment
on the post of Medical Officer and granted 10 days' time to join
their duties. As the respondents were pursuing Post Graduation
Course, they prayed for extension of joining period, which was
granted by the appellant-State once, however, after that the
appellant-State refused to extend the joining period further.
Being aggrieved with the same, the respondents approached
this Court by way of S.B. Civil Writ Petition No.4203/2021 (Dr.
Tulsi Das Gautam & Ors. Vs. State of Rajasthan & Ors.), wherein
this Court, by way of interim direction, has directed the
appellant-State not to cancel the appointment of the respondents
on account of non-joining vide impugned order dated 15.03.2021.
[2023:RJ-JD:26122-DB] (3 of 3) [SAW-192/2023]
It is informed by Mr. Rajat Arora, learned AAAG appearing on
behalf of appellant-State that the respondents have already
completed their Post Graduation Course and also joined their
duties as Medical Officer.
In view of the above, we don't find any merit in this special
appeal writ and the same is hereby dismissed on the ground of
limitation as well as on merit.
(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J
Abhishek Kumar
S.No.43
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