Pradeep Kumar v. State of Rajasthan
Case brief
What is this about?
The High Court suspended the appellant's transfer order from a tribal to a non-tribal area and directed authorities to reconsider the posting after completing the requisite three years of rural service to safeguard his eligibility for post-graduate medical courses.
What did the court decide?
The transfer order dated 10th July, 2018 is suspended. Respondents are directed to reconsider the posting once the appellant completes three years of rural service.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1352/2018
Dr. Pradeep Kumar S/o Sh. Prabhati Lal, Aged 30 Years, Resident of Quarter No.2, P.H.C. Shishod, Dungarpur (Raj.).
----Appellant
Versus
- State Of Rajasthan, Through The Secretary, Medical And Health Services, Government Of Rajasthan, Jaipur.
- The Director, Medical And Health Services, Government Of Rajasthan, Jaipur.
- The Joint Director, Medical And Health Services, Udaipur Zone, Udaipur.
- The Chief Medical And Health Officer, Government Of Rajasthan, Dungarpur.
----Respondents
For Appellant(s) : Ms. Varsha Bissa For Respondent(s) : Mr. Rishabh Tayal on behalf of Mr. K.L. Thakur, AAG
HON'BLE THE CHIEF JUSTICE MR. PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Issues for consideration
2 issues framed by the court
Whether the transfer of a medical officer from a tribal rural area to a non-tribal rural area without specific administrative exigencies warrants judicial intervention.
Whether the premature transfer of the appellant before completing three years of service in a rural area impacts his right to seek admission in a post-graduate medical course.
Parties & counsel
- appellant
Dr. Pradeep Kumar
- respondent
State Of Rajasthan
- respondent
The Director, Medical And Health Services, Government Of Rajasthan
- respondent
The Joint Director, Medical And Health Services, Udaipur Zone
- respondent
Chief Medical And Health Officer, Government Of Rajasthan, Dungarpur
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · December
- Registered
- Case no.
- SAW/1352/2018
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