ORDER :

1. The instant writ petition has been filed by the petitioners for seeking a direction to grant them study leave to undergo their Post-Graduate Medical Course on the seats allotted to them in NEET PG Counselling, 2020.

2. The petitioners further pray that the respondents need to be directed to adhere to the provisions of Rule 112 of the Rajasthan Service Rules, 1951 (for short “the RSR”) and to grant study leave to the petitioners and further to relieve them from the place of posting to join PG Course.

3. The brief facts of the case are that the petitioner Nos. 1 and 2 are Senior Demonstrators working in Government Medical Colleges in State of Rajasthan and further, the petitioner No. 3 is an Assistant Professor, also working as per the provisions contained in the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 (for short “the Rules of 1962”).

4. The petitioners have pleaded in the writ petition that the petitioner No. 1 was allotted seat of MD Pediatrics at JLN Medical College, Ajmer in the second round of state counselling, the petitioner No. 2 was allotted MD General Medicine at RNT Medical College, Udaipur in the second round of state counselling and the petitioner No. 3 appeared in All India Counselling, second round and allotted MD Anesthesiology at RNT Medical College, Udaipur.

5. The petitioners have pleaded in the writ petition that after their admission in PG Course, they applied for study leave to pursue their course and as such, the respondents did not take any action on the representation submitted by the petitioners to grant study leave and further, did not relieve them to join the course and as such, they filed the writ petition before this Court.

6. This Court, vide order dated 3rd September, 2020, after hearing learned counsel for both the sides, gave direction to the respondents to relieve the petitioners and permit them to join the allotted PG Course and the same order was subject to final outcome of the writ petition.

7. Learned counsel for the petitioners-Mr. Aslam Khan submitted that the Finance Department (Rules Division), Government of Rajasthan, by Notification dated 31st July, 2020, has made amendment in Rule 112 of RSR and existing exception of Clause (ii) of Sub-Rule (1) of Rule 112 of RSR, was substituted.

8. Learned counsel submitted that as per the amendment made by the State Government, the petitioners are entitled for study leave, as the petitioner Nos. 1 and 2 are working as Senior Demonstrator and the petitioner No. 3 is working as Assistant Professor.

9. Learned counsel submitted that the scope of amendment in Rule 112 of RSR has been considered by this Court in S.B. Civil Writ Petition No. 9113/2020 (Dr. Pooja Mathur and Others vs. State of Rajasthan and Others) along with other connected writ petitions.

10. Learned counsel submits that case of the present petitioners is also required to be governed by the same principle, which has already been decided by this Court.

11. Learned counsel Mr. Harshal Tholia, appearing for the respondents, submitted that the petitioners are working as Senior Demonstrator and Assistant Professor, however, their admission in Post-Graduate Medical Course is not in the same stream/specialty.

12. Learned counsel submitted that since, the petitioners are now changing their stream and as such, after completing the course, their acquisition of knowledge/skill will be of no use to the State Government and as such, benefit of study leave may not be granted to the petitioners.

13. Learned counsel further submitted that the issue with regard to grant of study leave to Senior Demonstrator, has been considered by the Department of Medical Education (Group-I) and an order dated 17th September, 2020 has been issued, whereby it has been considered that if Senior Demonstrators participate in the NEET PG Examination and if they change the stream, the study leave may not be granted to them and only extra-ordinary leave may be granted to such candidates.

14. Learned counsel su