Disposed

Dr. Suresh Kumar S/O Shri Gyarsi Lal v. the State of Rajasthan

Rajasthan HC3 Jul 2023CW/3230/2023

Case brief

AI extract

What is this about?

The Supreme Court of Rajasthan disposed of two writ petitions. Petitioner No.2 withdrew the petition. Regarding Petitioner No.1, the court disposed of the matter by following a coordinate bench judgment that held a new government notification rendered the specific adjudication on merits unnecessary.

What did the court decide?

Writ petition for Petitioner No.2 dismissed with liberty; Writ petition for Petitioner No.1 disposed of based on coordinate bench judgment.

Dr. Suresh Kumar S/O Shri Gyarsi Lal Vs the State… — Education and Admissions | Rajasthan HC (2023)

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( 2023:RJ-JP:13110 )

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3230/2023

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Dr. Suresh Kumar S/o Shri Gyarsi Lal, Aged About 35 Years, R/o Village Gopinathpura, District Sikar, Medical Officer Posted At Primary Health Centre, Dhaadhan Fatehpur, Sikar.

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Dr. Ram Prasad Luhani S/o Shri Jagdish Prasad, Aged About 37 Years, R/o Village Post Hardayalpura Via Piprali District Sikar Medical Officer Posted At Primary Health Center, Hathideh, Block Chief Medical And Health Officer, Khandela, District Sikar.

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----Petitioners

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Versus

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The State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Director Medical And Health Services, Rajasthan Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.

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The Chief Medical And Health Officer, Sikar.

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The Block Chief Medical And Health Officer, Block, Khandela, District Sikar, Rajasthan.

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Incharge Primary Health Centre, Fatehpur- Dhaandhan, District Sikar.

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Chairman, Neet P.g. Medical And Dental Admission/ Counselling Board-2023, And Principal Govt. Dental College, Subhash Nagar Behind T.b. Hospital, Jaipur. ----Respondents

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For Petitioner(s) : Mr. Mahesh Chand Gupta For Respondent(s) : Mr. Harshal Tholia on behalf of Dr. V.B. Sharma, AAG

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[CW-3230/2023]

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(2 of 4)

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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03/07/2023

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Counsel for the petitioner No.2 wants to withdraw the writ petition on behalf of the petitioner No.2 with liberty to file fresh, if need so arises.

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In that view of the matter, the writ petition filed on behalf of the petitioner No.2 stands dismissed with liberty, as prayed for.

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So far as the petitioner No.1 is concerned, counsel for the petitioner No.1 submits that the issue involved in this writ petition has already been considered and decided by the Co-ordinate Bench of this Court in the matter of Dr. Neha Sharma Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.11655/2021) decided

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on 10.01.2022, wherein it has been held as under:-

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“In this writ petition, the petitioner has prayed that counting her services continuously from 27.04.2018 to 11.09.2021 for the purpose of awarding incentive marks. The petitioner has also prayed that the period from the date of termination of her services from 28.01.2021 till 30.04.2021 may also be directed to be taken into account for the said purpose. Learned counsel-Mr. Harshal Tholia appearing on behalf of Dr. Vibhuti Bhushan Sharma, Additional Advocate General submitted that in view of notification dated 08.01.2022 issued by the Medical & Health Department, now the in-service Doctors will be allowed to have their experience counted for the purpose of grant of bonus marks upto 30.09.2021 instead of 30.04.2021, as notified earlier, and as such, learned counsel submits that the present petition does not require any adjudication on merits as the period of the petitioner will be considered in view of notification dated 08.01.2022.

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This Court, finds that in the present facts of the case, the services of the petitioner

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(3 of 4)

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[CW-3230/2023]

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were discontinued vide an order dated 28.01.2021 and petitioner preferred S.B. Civil Writ Petition No.1522/2021 before this Court and on 15.02.2021, an interim order was passed, wherein, the petitioner was allowed to continue on urgent temporary basis.

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Learned counsel submitted that the order dated 15.02.2021 was not complied with, and as such, the petitioner also had to file contempt petition before this Court. Learned counsel submitted that the petitioner was again appointed on urgent temporary basis on 30.04.2021, and as such, she is continuing on the said post. Learned counsel submitted that the period during which the petitioner was not taken on duty in spite of interim order dated 15.02.2021 till 30.04.2021, is required to be considered for the purpose of awarding bonus marks to her as in-service candidate for the purpose of admission in PG Medical Courses.

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This Court, finds that the State Government has now issued the notification dated 08.01.2022 and accordingly, the relevant cut off date for counting the experience is 30.09.2021 for all the candidates.

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This Court, however, also holds that if the petitioner was not taken back on duty in spite of interim order dated 15.02.2021 till she was reappointed afresh on 30.04.2021, the intervening period is also required to be taken into account for the purpose of experience as the petitioner was prevented by the respondents without any justification to join her duties.

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This Court accordingly, disposes of, the present the writ petition in view of notification dated 08.01.2022 and further directs that while calculating the experience of the petitioner, the respondents would not ignore the period from 15.02.2021 to 30.04.2021 and accordingly, her case will be considered for the purpose of grant of bonus marks as inservice candidate.”

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Mr. Harshal Tholia, learned counsel appearing on behalf of

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the Dr. V.B. Sharma, learned Additional Advocate General has

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[CW-3230/2023]

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(4 of 4)

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not disputed the submission made by the counsel for the petitioner No.1.

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In that view of the matter, this writ petition is disposed of on behalf of the petitioner No.1 in view of the judgment passed by the Co-ordinate Bench of this Court in the matter of Dr. Neha Sharma.

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(INDERJEET SINGH),J

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Upendra/6

Dr. Suresh Kumar S/O Shri Gyarsi Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Suresh Kumar S/O Shri Gyarsi Lal v. the State of Rajasthan

Case brief

What is this about?

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