2025 Supreme(Online)(Raj) 15696
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
DR. PRASHANT AAMAT S/O SHRI JAGDISH PRASAD MEENA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 18731 / 2025
[2025:RJ-JP:49566]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18731/2025
Dr. Prashant Aamat S/o Shri Jagdish Prasad Meena, Aged About 27 Years, R/o 8/mb/150, Sector 8, Indira Gandhi Nagar,
Jagatpura, Jaipur-302017.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat,
Jaipur-302005.
2. Registrar / Convener, Medical Officer (Medical),
Recruitment Examination-2024, Rajasthan University Of Health Sciences, Sector-18, Kumbha Marg, Pratap Nagar,
Sanganer, Jaipur-302033.
3. Principal, Jln Medical College, Ajmer-305001
4. Director, Medical Health And Family Welfare Department,
Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government
Secretariat, Jaipur-302005.
----Respondents
For Petitioner(s) : Mr. Rajendra Soni
For Respondent(s) : Mr. Archit Bohra, AGC
Mr. Yash Joshi
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
05/12/2025
1. Instant writ petition is preferred by petitioner with following
prayer:
“i) That by an appropriate writ, order or direction the action of the respondents of not giving Extra Ordinary Leave by following Notification dated 31.07.2020 (Anx.10) and Notification dated 22.02.2021 (Anx.11) issued by Finance Department, Government of
Rajasthan and Circular dated 24.03.2022 (Anx.12) issued by Department of Personnel, Government of Rajasthan by permitting him to join on the post of M.O. (Medical) in compliance of his appointment order dated 11.08.2025 and order dated 26.08.2025, inspite of notice for demand of justice dated 24.11.2025 be deprecated and be set asided and the respondents be directed to give extra ordinary leave to the petitioner for completing his M.D (Emergency and Critical Care)/M.D. (Emergency Medicine) course for the remaining period of 29 months after permitting him joining on the post of M.O. (Medical) by giving him leave till rejoining after getting extra ordinary leave by following the verdict given by this Hon'ble Court in its judgment dated 09.01.2025 passed in S.B.C.W. Petition No. 68/2025 Dr. Divya Gupta V. State of Rajasthan and Ors. (Anx.13) and S.B.C.W. No. 12576/2025 Dr. Yogesh Saini V State of Rajasthan and others decided on 25.08.2025 with all consequential benefits.
ii) By an another appropriate writ order or direction the respondent J.L.N. Medical College, Ajmer be directed to give his original documents which are required for joining as M.O. (Medical) in compliance of the appointment order dated 11.08.2025 and to give him leave for intervening period till he rejoins the course after getting extra ordinary leave from the State Government following the verdict given by this Hon'ble Court in its judgment dated 09.01.2025 passed in S.B.C.W. No. 68/2025 Dr. Divya Gupta V State of Rajasthan and Others and S.B.C.W. No. 12576/2025 Dr. Yogesh Saini V State of Rajasthan and others decided on 25.08.2025 with all consequential benefits.
iii) 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.
iv) Cost of the writ petition be awarded in favour of the petitioner.”
2. Learned counsel for petitioner while referring and relying upon judgment dated 25.08.2025 in S.B. Civil Writ Petition No. 12576/2025 titled as “Dr. Yogesh Saini Vs. State of Rajasthan & Ors. submits that the controversy and the issue raised herein is already settled by a Co-ordinate Bench of this Hon’ble Court (on the basis of ratio laid down in case of Dr. Prateek Verma Vs. State of Rajasthan & Ors.), S.B. Civil Writ Petition No. 61/2025 dated 16.01.2025. He further submitted that instant writ petition be disposed of in accordance with aforesaid order.
3. Having considered the submissions of learned counsel for petitioner and also material placed on record, the writ petition is disposed of in light of Dr. Yogesh Saini (supra)
and Dr. Prateek Verma (supra) passed by this Court.
4. Needles