Allowed

Dr. Rajnish Kanojia v. State of Rajasthan and Ors.

Rajasthan HC8 Aug 2018CW/16002/2017

Case brief

AI extract

What is this about?

Petitioner sought extension to join duty as Senior Demonstrator after completing MD within six months of initial joining date. Court ruled in favor, ordering respondents to permit joining within one week and grant relaxation in appointment conditions.

What did the court decide?

Respondents directed to allow petitioner to join post of Senior Demonstrator within one week with relaxation in date of joining.

Dr. Rajnish Kanojia Vs State of Rajasthan… — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ No. 16002/2017

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Dr. Rajnish Kanojia, Son Of Shri Ashok Kumar aged 33 years, Resident Of 6W/-824, Kudi Bhagtasani Housing Board, Jodhpur.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary , Medical Education Department, Government Of Rajasthan, Jaipur.

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The Rajasthan Medical Education Society, Through Its Additional Director Administration And Joint , Directorate Of Medical Education, Chikitsa Shiksha Bhawan, Govind Marg, Janata Colony, Jaipur.

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The Principal And Controller , Government Medical College, Pali.

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----Respondents

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For Petitioner(s) : Mr. Anil Bhandari For Respondent(s) : Ms. Suman Porawal

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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08/08/2018

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The petitioner has preferred this writ petition

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under Article 226 of the Constitution of India claiming the following reliefs:

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“1. The respondents may be directed to grant extension of time to the petitioner for joining duty on the post of Senior Demonstrator (Physiology) at Medical College, Pali in pursuance to the order dated 29.11.2017 upto 08.06.2018 while granting relaxation in Condition No.5 of the appointment order dated 29.11.2017 (Annx.11).

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During pendency of the writ petition, if any order adverse to the interest of the petitioner is passed by the

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(2 of 6)

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[CW-16002/2017]

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respondents, the same may be taken on record and be quashed and set aside.

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Any other order or direction, which this Hon’ble Court deemed just and proper be passed in favour of the petitioner.

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The costs of the writ petition may kindly be ordered to be awarded to the petitioner.”

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Brief facts of this case, as noticed by this Court, are that the petitioner had completed his MBBS Course from the Government Medical College, Kota on 31.08.2009. The petitioner joined the service as Medical Officer on contract basis at PHC Setrawa, Tehsil Shergarh, District Jodhpur in December, 2009. Thereafter, the petitioner also rendered services at BSF Ramgarh and ONGC Jodhpur. The petitioner joined Post Graduation Course in Physiology (M.D. Physiology) on 08.06.2015 at Dr. S.N. Medical College, Jodhpur.

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The respondents issued an advertisement on 23.03.2017 to fill up the posts of Medical Teachers in Clinical and Non-clinical Branches and the said advertisement included the post of Senior Demonstrator (Physiology). The petitioner participated in the selection process and was selected as Senior Demonstrator (Physiology) vide order dated 29.11.2017. The date of joining for the petitioner on the said post was upto 14.12.2017 in accordance with the order dated 06.12.2017, which is Annexrue R/5 of the reply.

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Learned counsel for the petitioner has shown to this Court the State Government’s Circular dated 13.09.2017 (Annexure-12 of the writ petition) by which the State Government

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(3 of 6)

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[CW-16002/2017]

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permitted the candidates to complete their Post Graduation within six months from the date of their joining. The relevant portion of the said Circular dated 13.09.2017 reads as under :-

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“ vr% bl lEcU/k esa foHkkxh; i= fnukad 6-10-15 dk vfrsdze.k djrs gq, ;g fu.kZ; fy;k x;k fd ,sls fpfdRld tks ,eMh@,e, l@Mh ,e@,lth,p esa v/;;ujr gS] rFkk ftudk p;u ofj"B izn'kZd@lgk ;d vkpk;Z ds in ij jktLFkku yksd lsok vk;ksx ls gqvk gS] mUgsa dk;Zxzg.k ugha djk;k tkosxkA ;fn fpfdRld ds fu;qfDr vkns'k tkjh djus ds i'pkr mudh ,eMh@,e, l@Mh ,e@,elh,p dkslZ iwjk gksus esa N% ekg 'ks"k gS] mUgsa dk;Zxzg.k dky esa dkfeZd foHkkx ds ifji= dzekad i- 8¼3½ dkfeZd@ d&2@73 fnukad 18-10-97 ds vuqlkj vf/kdre N% ekg ds dk;Zxz.k dky esa o`f) dh tk ldsxhA vU;Fkk ,sls fpfdRld ftudh ,eMh@,e, l@Mh ,e@,elh,p N% ekg ls vf/kd vof/k dh 'ks"k gS] muds fu;qfDr vkns'k fujLr djrs gq, muds LFkku ij vk;ksx }kjk rS;kj dh xbZ vkjf{kr lwph ls uke eaxok;s tkus ij fopkj dj fy;k tkosxkA ”

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Learned counsel for the petitioner has also shown to this Court the Certificate dated 01.04.2017 issued by the Principal, Dr. S.N. Medical College, Jodhpur, which is Annexure-7 of the writ petition, wherein it has been mentioned that the petitioner was undergoing the Post Graduation Course in Physiology i.e. MD (Physiology), and was to complete the said Course on 07.06.2018.

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Learned counsel for the petitioner has further shown to this Court the effort made by the petitioner to join the post of Senior Demonstrator (Physiology) vide his joining report dated 08.06.2018 which is Annexure-14 of the second stay petition, which also contains the receipt of the said joining report by the respondents.

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(4 of 6)

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[CW-16002/2017]

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Learned counsel for the petitioner also submits that in light of the aforesaid Circular of the Government of Rajasthan dated 13.09.2017 read with Circular dated 18.10.1997, since the petitioner, within six months of his last date of joining, has approached the respondents, therefore, the respondents should have permitted him to join, but the petitioner has not been permitted to join on the post of Senior Demonstrator (Physiology).

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Learned counsel for the petitioner has also demonstrated from the pleading in Ground-B of the writ petition that the petitioner had applied for extension of time to respondent No.2 to join the service.

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Learned counsel for the respondents submits that the respondents had no option but to fill the seat of Senior Demonstrator (Physiology), as MCI was required to inspect the newly formed Pali Medical College, and therefore, the recruitment process was required to be completed in accordance with MCI Standards.

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However, upon being asked a specific question, learned counsel for the respondent has passed on the letter dated 08.06.2018, which specifically makes it clear that in terms of the directions issued by the Court, one post of Senior Demonstrator (Physiology) is kept vacant for the petitioner.

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This Court had earlier passed an interim order dated 06.12.2017, which reads as follows :-

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“Issue notice to the respondents. Rule is made returnable within a period of four weeks.

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(5 of 6)

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[CW-16002/2017]

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Meanwhile, as per condition No.5 of Annexure-11 dated 29.11.2017, the appointment of the petitioner on the post of Senior Demonstrator (Physiology) shall not be cancelled, till further orders.”

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After hearing counsel for the parties as well as perusing the record of the case, this Court is of the opinion that the respondents for the present selection process had themselves issued a circular dated 13.09.2017 in pursuance of the earlier circular dated 18.10.1997 whereby the person not joining on the post of Senior Demonstrator (Physiology) for a period of six month for the purpose of completion of his Post Graduation course would be extended a relaxation upto six months. Admittedly, in the present case, the petitioner, who was undergoing Post Graduation Course in Physiology and completed such Course within six months, applied for joining the post on 08.06.2018, which was well within six months from the last date of earlier joining, which was admittedly 14.12.2017.

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Thus, this Court finds that the petitioner has throughout been educated by Government Medical Colleges and the training and education imparted to him at the cost of the State with the sole object to serve the citizens, and therefore, it is in public interest to utilize his services within the ambit of law. The regular selection of the petitioner on the post of Senior Demonstrator (Physiology) is an accepted fact and the respondents are also not in a position to deny that he has sought extension only for a period of six months which is in accordance with their own circular dated 13.09.2017.

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(6 of 6) [CW-16002/2017]

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For the aforesaid reasons, the writ petition is allowed and the respondents are directed to allow the petitioner to join on the post of Senior Demonstrator (Physiology) at Government Medical College, Pali, while granting him relaxation in the date of joining. The petitioner shall be allowed to join on the said post within a period of one week from today. The stay petitions also stands disposed of.

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(Dr. PUSHPENDRA SINGH BHATI),J

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sudheer

Dr. Rajnish Kanojia v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

Dr. Rajnish Kanojia v. State of Rajasthan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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