Shailendra Kumar Garg vs State Of Rajasthan
2023 Latest Caselaw 3900 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6073/2023

Dr.Shailendra Kumar Garg S/o Mohan Lal Garg, Aged About 43 Years, R/o.Garg Bhawan, Bargama Road, Agarsen Colony, Hindaun, Karauli (Raj)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Directorate Of Medical Education, Government Of Rajasthan, Jaipur.

2. The Director, Rajasthan Medical Education Society, Sethi Colony, Chikitsa Shiksha Bhawan, Jaipur.

3. Chairman, D.m/m.ch/m.d./m.s. Candidates Allotment Board, 2022, Ruhs, College Of Dental Science, Subhash Nagar, Behind T.b. Hospital, Jaipur.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Suresh Khadav
For Respondent(s)          :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

02/05/2023

Heard learned counsel for the petitioner.

Learned counsel for the petitioner submits that the petitioner

is in service candidate who has completed his PG Course and he

has been appointed as Senior Resident. He submits that as per

the notification dated 12/07/2022 and 04/08/2022, he is eligible

to continue on the post of Senior Resident as he is fulfilling all the

requisite conditions. He submits that a challenge was made by

some persons before the Hon'ble Jaipur Bench by way of filing writ

petitions being SBCWP No.12611/2022 and other connected

matters which were decided vide order dated 10/11/2022 and

(2 of 2) [CW-6073/2023]

thereafter by the Division Bench vide judgment dated 09/12/2022.

Learned counsel submits that a perusal of the order dated

10/11/2022 and 09/12/2022 clearly shows that the same is not

applicable to the in-service candidates like the petitioner. Despite

there being no direction or order by the Hon'ble Single Judge and

Hon'ble Division Bench in the orders dated 10/11/2022 and

09/12/2022, the respondents have issued an order dated

21/03/2023, whereby services of the petitioner will be terminated

as per condition No.8. He submits that neither any notice was

given to the petitioner before passing the order dated 21/03/2023

nor the petitioner was party respondent before the litigation at

Jaipur. In these circumstances, he submits that the services of the

petitioner will be terminated without following the principle of

natural justice.

Matter requires consideration.

Issue notice. Issue notice of the stay application also,

returnable in four weeks.

In the meanwhile and until further orders, condition No.8 of

the order dated 21/03/2023 (Annex.12) shall remain stayed qua

the petitioner.

(VINIT KUMAR MATHUR),J 189-SanjayS/-

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