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2025 Supreme(Raj) 1871
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anand Sharma, J.
Dr. Yogesh Saini S/o Shri Pramod Saini - Petitioner
Versus
State Of Rajasthan, Through Its Principal Secretary, Medical, Health And Family Welfare Department and ors. - Respondents
S.B. Civil Writ Petition No. 12576 of 2025, S.B. Civil Writ Petition No. 12578 of 2025, S.B. Civil Writ Petition No. 12579 of 2025, S.B. Civil Writ Petition No. 12580 of 2025, S.B. Civil Writ Petition No. 12581 of 2025, S.B. Civil Writ Petition No. 12582 of 2025, S.B. Civil Writ Petition No. 12857 of 2025, S.B. Civil Writ Petition No. 12929 of 2025, S.B. Civil Writ Petition No. 12945 of 2025, S.B. Civil Writ Petition No. 12992 of 2025
Decided On : 25-08-2025
For the Petitioner: Mr. Rajendra Soni with,Mr. Vishal Soni &,Dr. Nitin Soni,Mr. Mukesh Dudi
For the Respondent: Mr. Archit Bohra, AGC with Mr. Yash Joshi & Ms. Anjali Sharma
Petitioners are allowed to join as Medical Officers without immediate document submission, with provisions for later extraordinary leave applications and verification of documents.
Headnote:(A) Rajasthan Service Rules - Study Leave - Extraordinary Leave - Writ petitions challenge the denial of extraordinary leave to petitioners appointed as Medical Officers while pursuing MD courses, seeking directions for leave. Court notes the need to furnish original documents for joining. The issue of premature application for leave is highlighted. Relevant provisions permit 36 months study leave for Medical Officers. Court references a prior judgment reaffirming that appointment will proceed, allowing submission of original documents post-joining and granting liberty to seek extraordinary leave thereafter. (Paras 1-22)
(B) Premature application for extraordinary leave - A petition filed before appointment makes it challenging, as leave considerations arise post-joining and subject to verification of documents. The court grants directions to facilitate the immediate joining of petitioners without initial document submission, while ensuring a framework for subsequent verification and leave application. (Paras 10, 17, 18)
| Table of Content |
|---|
| 1. common facts regarding petitioners' situation and md course (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments concerning leave application and document submission (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's review of similar judgments and procedural context (Para 12 , 13 , 14 , 15) |
| 4. judicial directives on document handling and leave application (Para 16 , 17 , 18) |
| 5. final disposition of petitions with directives on document procedures (Para 19 , 20 , 21 , 22 , 23) |
ORDER :
Anand Sharma, J.
1. All the aforesaid writ petitions involved almost common facts and question to be decided by this Court. Hence, they have been heard together and are being decided by this common order.
2. The petitioners have questioned the action of the respondents of not giving extra-ordinary leave to the petitioners pursuant to the notifications dated 31.07.2020, 22.02.2021 and circular dated 24.03.2022 by permitting them to join on the post of Medical Officer (Medical) in compliance of his appointment order dated 11.08.2025. A direction has also been sought for granting extraordinary leave to the petitioners for completing their MD course for the remaining period after permitting them joining on the post of Medical Officer (Medical) by giving them leave till rejoining in the light of judgment of this Court in a similarly situated case.
3. It is stated that the petitioners appeared in NEET P.G. examination and succeeded in getting allotment in MD courses in different specialties. They also joined their courses at the respective colleges allotted to them and are pursuing their P.G. studies. For the purpose of joining the courses, they were required to submit their original documents in the office of colleges, which they have done as per requirement and those documents are in possession of respective colleges.
4. Learned counsel for the petitioners further submits that while they were pursuing their studies, pursuant to an advertisement issued by the respondent-Government, they participated for appointment on the post of Medical Officer and ultimately succeeded in being appointed vide appointment order dated 11.08.2025. He further submits that last date of joining pursuant to appointment order dated 11.08.2025 is 26.08.2025. However, in order to join pursuant to appointment order, they are required to submit original documents whereas such original documents are still in possession of the medical colleges, where they are pursuing their studies.
5. It has also been submitted that as per RAJASTHAN SERVICE RULES , study leave is admissible to the Medical Officers for pursuing higher studies as many as for 36 months.
6. Learned counsel for the petitioners refers to notification dated 31.07.2020 (Annexure-10) in order to show that one exception has been carved out in Rule 112 of RSR by way of amendment in order to confer entitlement of 36 months study leave to the Medical Officers for acquiring degree of post gradation/super specialty courses.
7. However, by way of issuing one memorandum dated 22.02.2021 it has been clarified that the said period of pursuing studies shall be treated as Extraordinary leave (EoL). Pursuant to aforesaid amended Rules and memorandum, the Department of Personnel has also issued circular dated 24.03.2022 clarifying that in case study leave is to be granted for a period of more than six months, then the same shall be in the form of extraordinary leave.
8. Learned counsel for the petitioners relies upon the judgment dated 10.01.2025 of Co-ordinate Bench of this Court in a batch of matters led by S.B. Civil Writ Petition No.61/2025 (Dr. Prateek Verma Vs. State of Rajasthan & Ors.)
9. Learned counsel for the petitioners further submits that the aforesaid judgment has been implemented by the respondent- State by way of showing order dated 29.01.2025, whereby in similar circumstances EOL has been granted to the respective petitioners.
10. Learned counsel for the respondents opposes the writ petition by submitting that the documents if lying with
