Allowed

Shammi Kumar Jain S/O Shri Ashok Kumar Jain v. the State of Rajasthan

Rajasthan HC15 May 2024CW/20548/2023

Case brief

AI extract

What is this about?

The petitioner sought permission to join a vacant DM (Cardiology) seat after missing the deadline due to personal issues. The Court granted the prayer, directing the respondent to allow joining within 20 days and depositing Rs. 1 Lakh as hardship compensation, while mandating the framing of an SOP.

What did the court decide?

Petitioner allowed to join the seat within 20 days; directed to deposit Rs. 1,00,000 as hardship compensation; Respondents directed to formulate an SOP with joining timelines.

Shammi Kumar Jain S/O Shri Ashok Kumar… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:23209]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 20548/2023

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Shammi Kumar Jain S/o Shri Ashok Kumar Jain, Aged About 43 Years, Opp. Girls School, Near Madhoganj Police Station, Lashkar, Gwalior, Mp. Currently R/o Near Subhash Flour Mill, Krishanapuram, Shivpuri, Mp.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health Services, Govt. Of Rajasthan, Secretariat, Jaipur (Raj.).

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Special Secretary Cum Mission Director, Department Of Medical And Health, Directorate Medical, Health And Family Welfare Services, Nhm Hq, Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.).

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Medical Counseling Committee (Mcc), Dghs, Ministry Of Health And Family Welfare, Govt. Of India, Neet P.g. Super Specialty Counseling- 2021, Nirman Bhawan, New Delhi-110011

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Registrar, Rajasthan University Of Health Science, Pratap Nagar, Jaipur.

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The Principal And Controller, Sawai Mansingh Medical College, Jln Marg, Jaipur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Tanveer Ahmad with Mr. Zaid Ul Haq For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Pulkit Bhardwaj Mr. Harsh Parashar Mr. Nikhil Saini

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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15/05/2024

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The instant petition is filed with the following prayers:“i) By appropriate writ, order or direction, respondents may kindly be directed to consider the

(2 of 4)

[2024:RJ-JP:23209]

[CW-20548/2023]

candidature of petitioners for rejoining the course of DM (Cardiology) Course at SMS Medical College, Jaipur

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ii) By an appropriate writ order or direction the respondents may kindly be directed to consider the candidature of petitioners.

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iii) Any other appropriate order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

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Learned counsel for the petitioner has submitted that the petitioner was not permitted to join on the post of, Doctor of Medicine (Cardiology) Course at SMS, Medical Collage, Jaipur, even after possessing all due qualifications and being a meritorious candidate.

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Learned counsel has further submitted that the petitioner had appeared for the Super Specialty Examination and after undertaking the same along with the counseling session, stood in the merit list, as released by the respondents. On the basis of the secured merit, the petitioner was allotted a seat in ‘DM (Cardiology) Course’ (Session 2021-22). It is further submitted that the requisite fees and other documentation were duly deposited/carried out by the petitioner. But, on account of certain unavoidable personal issues, the petitioner failed to join the course within the stipulated time. Furthermore, learned counsel submitted that at a belated stage, yet the first available opportunity/first possible time, a prayer was made by the petitioner before the respondents, to allow the petitioner to join the said course.

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Vide letter dated 21.08.2023, the petitioner raised his grievance before the respondents whereby relaxation was sought to appear in and/or attend the remaining tenure of the course. However, no heed was paid to the same by the respondents.

[2024:RJ-JP:23209]

[CW-20548/2023]

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Per contra, learned counsel for the respondents submitted that the present matter pertains to the ‘Session 2021-22’ and qua the same counseling was conducted and concluded on 12.04.2022.

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Learned counsel for the respondent-State also raised an objection qua the maintainability of the present petition and submitted that the petitioner has not approached the Court with clean hands and has misrepresented before the Court certain key facts. It is submitted that on three erstwhile occasions, the respondents granted extension of joining time qua the petitioner. But on one pretext or another, the petitioner has purposely avoided joining the course and only after a lapse of ten months has expressed his willingness to join the said course. Moreover, due to non-joining of the petitioner, loss coupled with severe hurdles and difficulties have been incurred and/or faced by the respondents and patients, who approach the hospital for medical relief/care.

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Lastly, learned counsel for the respondents submitted that if the petitioner is allowed to join the said course at this belated stage in the Year 2024, a bad judicial precedent shall be set.

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Heard and considered.

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Having considered the rival submissions and after perusing through the record of the instant petition, this Court is of the following view:-

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9.1 That the petitioner is a meritorious candidate and only on account of certain reasonable and/or bonafide personal difficulties, was unable to join/attend the said course for a particular tenure.

[2024:RJ-JP:23209]

[CW-20548/2023]

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9.2 That if the petitioner is allowed to join the course as on date, no third party rights shall be violated, as today, the said seat is lying vacant.

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In light of the aforementioned observations, this Court directs the petitioner to join the concerned course within an upper time period of 20 days from today, subject to the fact that for the hardship caused to the respondent-State, at the behest of the petitioner, a sum of Rs. 1,00,000/- shall be deposited by the petitioner in the RMRS, SMS Medical College, Share, Jaipur, at the time of the petitioner’s joining.

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It is made clear that the present judgment will not be taken as a stare decisis , being merely a persuasive precedent. Therefore, the State is also directed to formulate a SOP and prescribe a specified upper time frame within which a candidate is bound to join the concerned course. The said SOP is to be circulated after due authorization within a period of 30 days from today.

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It is made clear that the tenure of five years of the concerned course for the petitioner, will start from the date of his joining.

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Accordingly, the instant petition is allowed, strictly in the aforesaid terms. Pending applications, if any, stand disposed of.

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(SAMEER JAIN),J

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ANIL SHARMA /146

Shammi Kumar Jain S/O Shri Ashok Kumar Jain v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shammi Kumar Jain S/O Shri Ashok Kumar Jain v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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