2026 Supreme(Raj) 695
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA, J.
Dr. Vivek Labana, S/o. Shri Kantilal Labana - Petitioner
Versus
State Of Rajasthan, Through Its Principal Secretary – Respondent
S.B. Civil Writ Petition No. 2261 of 2026, S.B. Civil Writ Petition No. 2271 of 2026, S.B. Civil Writ Petition No. 2272 of 2026, S.B. Civil Writ Petition No. 2277 of 2026, S.B. Civil Writ Petition No. 2279 of 2026, S.B. Civil Writ Petition No. 2293 of 2026, S.B. Civil Writ Petition No. 2294 of 2026, S.B. Civil Writ Petition No. 3882 of 2026
Decided On : 09-03-2026
For the Petitioner: Mr. Rajendra Soni, Adv. with Dr. Nitin Soni, Adv.
For the Respondent: Mr. Archit Bohra, AGC with Mr. Rahul Verma, Adv.
JUDGMENT :
ANAND SHARMA, J.
1. All the above writ petitions involve almost similar facts, cause of action and questions for consideration; hence, they were heard together and are being decided by this common order.
2. For the sake of convenience facts stated in S.B. Civil Writ Petition No. 2261/2026 are being taken into consideration.
3. Petitioners have prayed for following relief:-
“It is, therefore, respectfully prayed that this Hon'ble Court be pleased to call for the entire record relating to this case and after perusing the same be pleased to allow this writ petition and:
i) That by an appropriate writ, order or direction the action of the respondent of not relieving him from the post of M.O. for the purpose of joining as Senior Resident for which he was selected vide order dated 21.01.2026 / 24.01.2026 as per his merit of NEET PG and directed to join on or before 03.02.2026 or on any other date and allowing him to join as senior resident inspite of notice for demand of justice dated 30.01.2026 be deprecated and be set asided and the respondents be directed to allow the petitioner to join as senior resident and complete the higher educational training of senior residentship, by giving him continuity of service following circulars dated 02.04.2018, 05.07.2022 and 01.04.2025 with all consequential benefits.
ii) By an another appropriate writ, order or direction the time of joining of senior residentship in compliance of the order dated 21.01.2026 / 24.01.2026 be extended till petitioner shall be relieved from the post of M.O. and giving some time of joining as senior resident and till than the post of senior resident upon which the petitioner has been selected on the basis of merit of NEET PG be not filled in and the same be filled in by the petitioner with all consequential benefits.
iii) By an another appropriate writ, order or direction in the alternate the petitioner be given extra ordinary leave for 1 year from the post of M.O. Medical to do higher educational senior residentship training following circular dated 31.07.2020, 22.02.2021 and 24.03.2022.
iv) Any other appropriate writ, order or direction which this Hon'ble Court may deems think fit and proper be pass in favour of the petitioner.
v) Cost of the writ petition be awarded in favour of the petitioner.”
4. It is stated that all the petitioners, after successfully completing M.D./M.S. course, participated for recruitment examination on the post of Medical Officer and were also appointed as Medical Officer at different places in Medical and Health Department of Government of Rajasthan.
5. It is stated that while the petitioners were undergoing probation on the post of Medical Officer, they also applied for Senior Residency in Government Colleges and were also selected as Senior Residents in different Colleges on the basis of merit secured by them in their NEET PG Classes.
6. Grievance of the petitioners is that the department is not relieving the petitioners for joining their Senior Residentship course, nor has passed any order for granting study leave/extraordinary leave for pursuing the said course. It is submitted that without there being a proper relieving order and without granting leave as admissible under the Rules, the petitioners cannot join Senior Residentship course, otherwise they would be subjected to disciplinary action by the department.
7. Learned counsel appearing for the petitioners sought indulgence of this Court, on circular dated 02.04.2018 issued by the Deputy Secretary of Medical and Health (Group-2) Department, which lays down conditions for joining Senior Residentship, and it has been specified that only upon being relieved from the department, the respective candidate can join the Senior Residentship course.
8. Learned counsel also referred circular dated 22.02.2021 while supporting his submission that without there being any order of granting leave, Senior Residentship course cannot be joined by the petitioners. Learned counsel also refers circular d