Hon'ble BHANDARI, J.—The writ petition is listed on the application under Order 1 Rule 10 CPC for impleadment.

2. Learned counsel for the applicants Shri Sandeep Saxena submits that due to interim order of this Court, he applicants are not getting appointment to the post of Ayurvedic Chikitask as otherwise they were in reserve list. The interim order is to accept the joining of the petitioner/s on the post of permit him/them to undergo the post graduation course. Petitioner/s could not join the service during the course of higher study thus, approached this Court and by virtue of interim order gave her/his/their joining while pursuing to the course. As per circular of the Government, maximum period for extension to join the service is of 6 months. The period aforesaid has also passed. Thus, by virtue of the interim order, rights of the applicants are affected. It is more so, apart from interim order pendency of three writ petitions is also affecting them. There is no stay order, yet three posts have been kept vacant and not filled by the respondents.

3. The application is seriously opposed by the learned counsel for the petitioner/s who submits that issue involved in the present matter has no lis with the applicants. The petitioner/s herein is/are one who was/were pursuing the PG Course and appeared for selection to the post of Ayurvedic Chikitisak. He/they has/have been selected and given appointment. Since petitioner/s is/are pursuing study thus, cannot effectively work with the respondents. Thus, filed this writ petition to accept the joining and allow kind of leave or extend the joining period. The similar writ petitions have already been allowed and accordingly, interim order was passed in favour of the petitioner/s. The applicants are not in merit so as to compare their position with the petitioner/s and otherwise, the lifetime of the select list has already expired thus, claim based on it by the applicants is not tenable. It is further prayed that keeping in mind the acceptance of similar writ petition by this Court, the matter itself may be disposed of. It is more so when few petitioners have even completed the PG Course and joined the service and are physically working.

4. With the consent of the parties, petitions were heard finally.

5. Learned counsel for the official respondents Mr. M. Faisal Baig submits that rule does not permit joining beyond a period of 6 months. One cannot claim belated joining as a matter of right. The petitioner/s is/are not Member of service so as to get even study leave. Earlier judgment of this Court should not be applied to the present case as the arguments and issues raised herein were not argued by the respondents therein. On account of the interim order, the candidates from the reserve list could not be given appointment.

6. I have considered the rival submissions of the parties. The facts not in dispute are that all the petitioners were pursuing PG Course and applied for the post of Ayurvedic Chikitsak. They were selected and given appointment. They were unable to join service during the course of studies. They prayed to Government to extend the period of joining to complete higher studies. A writ petition was filed simultaneously to seek joining of the service and allowed to pursue the course. This court passed interim order in favour of the petitioners accordingly, many of the petitioners were allowed to join the service and even to undertake the course. Out of them, majority of the candidates have already completed their higher studies and join the service leaving few who are also on the verge of completion of higher studies.

7. The question for my consideration is as to whether a candidate pursuing PG Course can seek extension to join the service. In the alternative, if allowed to join formally, eligible or entitled to the study leave.

8. Coming to the first question, a reference of the circular issued by the Government has been given where maximum period to join the service is of 6 mon

Click Here to Read the rest of this document