Disposed

Dr. Roshni Belani D/O Vasudev Belani v. State of Rajasthan

Rajasthan HC19 Feb 2025CW/1852/2025

Case brief

AI extract

What is this about?

In-service dental officers sought extraordinary leave to pursue postgraduate dental education. Relying on Dr. Prateek Verma and finance/DoPT circulars on sanction of extraordinary leave, the court directed the Director/CMHO to consider the petitioners' representations in light of those circulars and precedent within a fortnight, holding that a clarifying letter dated 27.01.2025 would cause no prej

What the court decided

AI extract

Dr. Roshni Belani D/O Vasudev Belani Vs State of… — Service and Employment | Rajasthan HC (2025)

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[2025:RJ-JP:7351]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1369/2025

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Dr. Shalini Yadav D/o Rasbiharee Yadav, Aged About 30 Years, Resident Of 56B, New Colony, Gumanpura, Kota (Rajasthan) 324007.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur- 302005.

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Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur- 302005.

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Chief Medical And Health Officer, Jhalawar 326001.

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Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur- 302033.

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Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subash Nagar, Shastri Nagar, Jaipur, Rajasthan 302016.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 844/2025

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Dr. Khushboo Dhayal D/o Shri Dhannal Lal Jat, Aged About 27 Years, Resident Of Ward No. 11, Balyavas Karad, Sikar, Rajasthan 332710

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur 302005

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Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government

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[2025:RJ-JP:7351]

[CW-1369/2025]

Secretariat, Jaipur-302005

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Chief Medical And Health Officer, Neemkathana, Dist.Sikar 332713

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Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033

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Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subash Nagar, Shastri Nagar, Jaipur Rajasthan 302016

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----Respondents

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S.B. Civil Writ Petition No. 882/2025

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Dr Radhika Saini D/o Late Shree Ratanlal Mali, Aged About 27 Years, Resident Of Room No. 212, Girls Hostel, Ruhs College Of Dental Sciences, Shastri Nagar, Jaipur, Rajasthan 302033.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005

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Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

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Chief Medical And Health Officer, Rajsamand 313324

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Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033.

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Principal, R.u.h.s. College Of Dental Sciences, Jaipur, Jhotwara Rd, Near Tb Hospital, Subhash Nagar, Shastri Nagar, Shanti Nagar, Jaipur, Rajasthan-302016.

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----Respondents

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S.B. Civil Writ Petition No. 1852/2025

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Dr. Roshni Belani D/o Vasudev Belani, Aged About 38 Years, Resident Of K-1, Shalimar Colony, Street No. 4, Adarsh Nagar, Ajmer - 305001.

----Petitioner

[2025:RJ-JP:7351]

[CW-1369/2025]

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Versus

State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur - 302005.

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Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur - 302005.

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Chief Medical And Health Officer, Beawer - 305901.

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Rajasthan University Of Health Sciences, Through Its Registrar, Sector- 18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur- 302033.

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----Respondents

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S.B. Civil Writ Petition No. 2299/2025

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Dr. Subodh Singh S/o Sundar Singh, Aged About 27 Years, Resident Of Vpo- Bhainsa, Tehsil- Rupwas, Dist- Bharatpur, Rajasthan, Pin Code- 321301.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur- 302005.

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Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur- 302005.

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Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur- 302033.

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----Respondents

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S.B. Civil Writ Petition No. 2385/2025

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Dr. Ashish Khadia S/o Jairam Khadia, Aged About 25 Years, Resident Of Rampura Panditpura Paota, District Kotputli- Behror, Rajasthan, Pin Code- 303106.

----Petitioner

[2025:RJ-JP:7351]

[CW-1369/2025]

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Versus

State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur- 302005.

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Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur- 302005.

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Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur- 302033.

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----Respondents

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S.B. Civil Writ Petition No. 2334/2025

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Dr. Vikram Singh S/o Jai Ram Jat, Aged About 25 Years, Resident Of Vpo - Vijaypura, Tehsil - Narayanpur, Dist - Kotputli Behror, 301024.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005.

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Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.

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Rajasthan University Of Health Sciences, Through Its Registrar, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033.

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----Respondents

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For Petitioner(s) : Mr. Rajendra Soni with Mr. Vishal Soni Mr. Nitin Soni

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For Respondent(s) : Mr. Yash Joshi for Mr. Vigyan Shah, AAG

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[CW-1369/2025]

HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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19/02/2025

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Learned counsel for the petitioner(s) has submitted that the instant matter is squarely covered by the dictum enunciated in S.B. Civil Writ Petition No.61/2025 titled as Dr. Prateek Verma Vs. State of Rajasthan & Ors. State of Rajasthan & Ors.

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Further, while placing reliance upon Circular of Finance dated 22.02.2021 and DoPT dated 24.03.2024, pertaining to the sanction of extraordinary leave, it is submitted that petitioner has filed a legal notice for demand of justice on 16.01.2025.

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Furthermore, it is submitted that in pursuance thereto (vide Annexure-5), CMHO Jhalawar, has proposed for the sanction of extraordinary leave in PG for further education to the Director (Public Health).

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Therefore, it is submitted that petitioner ought to be granted extraordinary leave in light of the Dr. Prateek Verma(supra).

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Per contra, learned counsel for the respondents has submitted that in pursuance to the demand of justice, vide letter dated 27.01.2025 it was clarified by the respondents that when the petitioner is not rendering services or working in the State service then as per Rule 110-112 of Rajasthan Service Rules 1951, study leave is not admissible to the said person.

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Considering the facts and circumstances of the case, taking note of the judgment cited by learned counsel for the petitioner, this Court directs the Director, Medical and Health/CMHO addressed in Annexure-15 to consider the

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[CW-1369/2025]

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representation/application of the petitioner in light of the Circulars and Dr. Prateek Verma(supra) , strictly in accordance with law.

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It is made clear that letter dated 27.01.2025 will not cause prejudice qua the petitioners or the respondents in any manner.

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Needful be done within a period of fortnight from passing of the present order.

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The directions passed herein shall be made applicable mutatis mutandis on all the petitions .

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In view of the above, present petitions are disposed of. Pending applications, if any, shall stand disposed of.

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(SAMEER JAIN),J

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JKP/s-274-279 & 284

Dr. Roshni Belani D/O Vasudev Belani v. State of Rajasthan

Case brief

What is this about?

What the court decided

Dr. Roshni Belani D/O Vasudev Belani v. State of Rajasthan

Case brief

What is this about?

What the court decided

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