Rajasthan High Court – Jaipur
Dr. Keshav Chaturvedi S/O Shri Laxmi … vs State Of Rajasthan (2026:Rj-Jp:9909) on 9 March, 2026
[2026:RJ-JP:9909]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2261/2026
Dr. Vivek Labana S/o Shri Kantilal Labana, Aged About 28 Years,
R/o Village Tandamangla, Teh. Sajjangarh, Dist. Banswara, At
Present Rajasthan High Court, Jaipur-302005.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical Health And Family Welfare Department,
Government Of Rajasthan, Government Secretariat,
Jaipur-302005.
2. Chairman, M.d./m.s./d.m./m.ch Candidates Allotments
Board-2025, Sms Medical College, J.l.n. Marg, Jaipur-
302004
3. Principal And Controller, Rnt Medical College, Udaipur-
313004.
4. Director, Medical, Health And Family Welfare Department,
Government Of Rajasthan, Swasthya Bhawan, Tilak Marg,
C-Scheme, Jaipur - 302005
----Respondents
Connected With
S.B. Civil Writ Petition No. 2271/2026
Dr. Aditi Jaiman D/o Shri Subhash Chandra Sharma, Aged About
27 Years, R/o 218, Parshwnath Nagar, Airport Terminal I,
Sanganer, Jaipur-302029.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical Health And Family Welfare Department,
Government Of Rajasthan, Government Secretariat,
Jaipur-302005
2. Chairman, M.d./m.s./d.m./m.ch Candidates Allotments
Board-2025, Sms Medical College, J.l.n. Marg, Jaipur-
302004
3. Principal And Controller, Government Medical College,
Kota-324005
4. Director, Medical, Health And Family Welfare Department,
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Government Of Rajasthan, Swasthya Bhawan, Tilak Marg,
C-Scheme, Jaipur - 302005
----Respondents
S.B. Civil Writ Petition No. 2272/2026
Dr. Narendra Singh S/o Shri Sanjay Kumar, Aged About 26 Years,
R/o Village- Goth, Teh. Buhana, Dist- Jhunjhunu-333516.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical Health And Family Welfare Department,
Government Of Rajasthan, Government Secretariat,
Jaipur-302005.
2. Chairman, M.d./m.s./d.m./m.ch Candidates Allotments
Board-2025, Sms Medical College, J.l.n. Marg, Jaipur-
302004
3. Principal And Controller, S.n. Medical College,jodhpur-
342001.
4. Director, Medical, Health And Family Welfare Department,
Government Of Rajasthan, Swasthya Bhawan, Tilak Marg,
C-Scheme, Jaipur - 302005
----Respondents
S.B. Civil Writ Petition No. 2277/2026
Dr. Hanuman Prasad Lamba S/o Shri Gulla Ram Jat, Aged About
28 Years, R/o Village Rampura, Post Surmalikpura, Teh.
Kishangarh Renwal, Dist. Jaipur- 303603
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical Health And Family Welfare Department,
Government Of Rajasthan, Government Secretariat,
Jaipur-302005.
2. Chairman, M.d./m.s./d.m./m.ch Candidates Allotments
Board-2025, Sms Medical College, J.l.n. Marg, Jaipur-
302004
3. Principal And Controller, Sms Medical College, Jaipur-
302004.
4. Director, Medical, Health And Family Welfare Department,
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Government Of Rajasthan, Swasthya Bhawan, Tilak Marg,
C-Scheme, Jaipur - 302005
----Respondents
S.B. Civil Writ Petition No. 2279/2026
Dr. Keshav Chaturvedi S/o Shri Laxmi Narayan Sharma, Aged
About 28 Years, R/o In Front Of Aastha Vidyasthali School, Gomti
Colony, Near Bayan Mode, Hindaun City, Karauli- 322230.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical Health And Family Welfare Department,
Government Of Rajasthan, Government Secretariat,
Jaipur-302005.
2. Chairman, M.d./m.s./d.m./m.ch Candidates Allotments
Board-2025, Sms Medical College, J.l.n. Marg, Jaipur-
302004
3. Principal And Controller, Medical College, Karauli-322241
4. Director, Medical, Health And Family Welfare Department,
Government Of Rajasthan, Swasthya Bhawan, Tilak Marg,
C-Scheme, Jaipur - 302005.
----Respondents
S.B. Civil Writ Petition No. 2293/2026
Dr. Pradeep Payal S/o Shri Ramniwas Payal, Aged About 28
Years, R/o Village- Chirasan, Post- Loyal, Teh. Chirawa, Dist.
Jhunjhunu- 333514.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical Health And Family Welfare Department,
Government Of Rajasthan, Government Secretariat,
Jaipur-302005.
2. Chairman, M.d./m.s./d.m./m.ch Candidates Allotments
Board-2025, Sms Medical College, J.l.n. Marg, Jaipur-
302004
3. Principal And Controller, Sms Medical College, Jaipur-
302004
4. Director, Medical, Health And Family Welfare Department,
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Government Of Rajasthan, Swasthya Bhawan, Tilak Marg,
C-Scheme, Jaipur - 302005
----Respondents
S.B. Civil Writ Petition No. 2294/2026
Dr. Narendra Kumar S/o Shri Moti Lal Mali, Aged About 27 Years,
R/o Village-Nokh, Teh. Bap, Dist- Phalodi, At Present Rajasthan
High Court, Jaipur- 302005.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical Health And Family Welfare Department,
Government Of Rajasthan, Government Secretariat,
Jaipur-302005
2. Chairman, M.d./m.s./d.m./m.ch Candidates Allotments
Board-2025, Sms Medical College, J.l.n. Marg, Jaipur-
302004
3. Principal And Controller, S.n. Medical College, Jodhpur-
342001
4. Director, Medical, Health And Family Welfare Department,
Government Of Rajasthan, Swasthya Bhawan, Tilak Marg,
C-Scheme, Jaipur - 302005
----Respondents
S.B. Civil Writ Petition No. 3882/2026
Dr. Archana Meena D/o Shri Bhawani Shanker Meena, Aged
About 27 Years, R/o 115, Ward No. 24, Shiv Colony, Antah,
District Baran-325202.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
Medical Health And Family Welfare Department,
Government Of Rajasthan, Government Secretariat,
Jaipur-302005
2. Chairman, M.d./m.s./d.m./m.ch Candidates Allotments
Board-2025, Sms Medical College, J.l.n. Marg, Jaipur-
302004
3. Principal And Controller, Government Medical College,
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Kota, Rangbari Road, Sector - A, Rangbari, Kota -
324005.
4. Director, Medical, Health And Family Welfare
Department, Government Of Rajasthan, Swasthya
Bhawan, Tilak Marg, C-Scheme, Jaipur - 302005
----Respondents
For Petitioner(s) : Mr. Rajendra Soni, Adv. with
Dr. Nitin Soni, Adv.
For Respondent(s) : Mr. Archit Bohra, AGC with
Mr. Rahul Verma, Adv.
HON'BLE MR. JUSTICE ANAND SHARMA
Judgment
09/03/2026
1. All the above writ petitions involve almost similar facts,
cause of action and questions for consideration; hence, they were
heard together and are being decided by this common order.
2. For the sake of convenience facts stated in S.B. Civil
Writ Petition No. 2261/2026 are being taken into consideration.
3. Petitioners have prayed for following relief:-
"It is, therefore, respectfully prayed that this Hon'ble
Court be pleased to call for the entire record relating
to this case and after perusing the same be pleased
to allow this writ petition and:
i) That by an appropriate writ, order or direction the
action of the respondent of not relieving him from
the post of M.O. for the purpose of joining as Senior
Resident for which he was selected vide order dated
21.01.2026 / 24.01.2026 as per his merit of NEET
PG and directed to join on or before 03.02.2026 or
on any other date and allowing him to join as senior
resident inspite of notice for demand of justice dated
30.01.2026 be deprecated and be set asided and the
respondents be directed to allow the petitioner to
join as senior resident and complete the higher
educational training of senior residentship, by giving
him continuity of service following circulars dated
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02.04.2018, 05.07.2022 and 01.04.2025 with all
consequential benefits.
ii) By an another appropriate writ, order or direction
the time of joining of senior residentship in
compliance of the order dated 21.01.2026 /
24.01.2026 be extended till petitioner shall be
relieved from the post of M.O. and giving some time
of joining as senior resident and till than the post of
senior resident upon which the petitioner has been
selected on the basis of merit of NEET PG be not
filled in and the same be filled in by the petitioner
with all consequential benefits.
iii) By an another appropriate writ, order or direction
in the alternate the petitioner be given extra
ordinary leave for 1 year from the post of M.O.
Medical to do higher educational senior residentship
training following circular dated 31.07.2020,
22.02.2021 and 24.03.2022.
iv) Any other appropriate writ, order or direction
which this Hon'ble Court may deems think fit and
proper be pass in favour of the petitioner.
v) Cost of the writ petition be awarded in favour of
the petitioner."
4. It is stated that all the petitioners, after successfully
completing M.D./M.S. course, participated for recruitment
examination on the post of Medical Officer and were also
appointed as Medical Officer at different places in Medical and
Health Department of Government of Rajasthan.
5. It is stated that while the petitioners were undergoing
probation on the post of Medical Officer, they also applied for
Senior Residency in Government Colleges and were also selected
as Senior Residents in different Colleges on the basis of merit
secured by them in their NEET PG Classes.
6. Grievance of the petitioners is that the department is
not relieving the petitioners for joining their Senior Residentship
course, nor has passed any order for granting study
leave/extraordinary leave for pursuing the said course. It is
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submitted that without there being a proper relieving order and
without granting leave as admissible under the Rules, the
petitioners cannot join Senior Residentship course, otherwise they
would be subjected to disciplinary action by the department.
7. Learned counsel appearing for the petitioners sought
indulgence of this Court, on circular dated 02.04.2018 issued by
the Deputy Secretary of Medical and Health (Group-2)
Department, which lays down conditions for joining Senior
Residentship, and it has been specified that only upon being
relieved from the department, the respective candidate can join
the Senior Residentship course.
8. Learned counsel also referred circular dated 22.02.2021
while supporting his submission that without there being any
order of granting leave, Senior Residentship course cannot be
joined by the petitioners. Learned counsel also refers circular
dated 24.03.2022 so as to make a submission that for the purpose
of pursuing higher studies or courses, extraordinary leave can be
granted to the Government servants.
9. While referring memorandum dated 22.02.2021, it was
pointed out by learned counsel that extraordinary leave can be
granted not only for pursuing higher studies but even for
participating in competitive examinations.
10. Finally, learned counsel for the petitioners refers to
circular dated 05.07.2022 issued by the Secretary of Medical and
Health Department, and submits that such circular is applicable on
regular as well as probationer employees in the department and
indicates that as per condition No.1 for pursuing any educational
activities, obtaining no objection certificate is not mandatory and
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also refers that extraordinary leave can be granted to the Medical
Officers of the respondent-department with the rider that such
extraordinary leave shall not be computable for the purpose of
pension, annual grade increment and other service benefits.
11. At the strength of aforesaid circulars, the petitioners
prayed for granting extraordinary leave or a study leave to the
petitioners. Learned counsel also relies upon order dated
25.08.2025 passed by this Court in a batch of writ petition led by
S.B. Civil Writ Petition No.12576/2025 (Dr. Yogesh Saini Vs.
State of Rajasthan & Ors.), order dated 09.01.2025 passed by
the Co-ordinate Bench of this Court in S.B. Civil Writ Petition
No.61/2025 (Dr. Prateek Verma Vs. State of Rajasthan &
Ors.) as well as other similar orders passed by the Co-ordinate
Benches of this Court.
12. Learned counsel appearing for the respondents
vehemently opposed the writ petitions and submitted that the
Senior Residentship cannot be considered to be higher education
for a person holding the post of Medical Officer in Medical and
Health Department and he submits that even otherwise, leave for
pursuing Senior Residentship can be granted only to those Medical
Officers, who have completed their probation period, whereas in
the instant case, the petitioners are still undergoing probation
period. Learned counsel for the respondents relies upon circular
dated 30.01.2019 issued by Additional Chief Secretary, Medical
and Health Department.
13. Learned counsel for the respondents further submits
that leave can be granted to a Government employee strictly in
accordance with the Rules as well as guidelines/circulars issued by
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the respondent-department and since, the petitioners are
probationers and Senior Residentship cannot be considered to be
higher education for a Medical Officer, therefore, no mistake
whatsoever has been committed by the respondents in not
granting study leave or extraordinary leave to the petitioners.
14. Heard learned counsel for the parties and perused the
record.
15. Facts are not disputed to the extent that all the
petitioners are probationers on the post of Medical Officer and
they have been selected during probation period for Senior
Residentship in non service category. The circulars placed on
record by the petitioners, more particularly circular dated
05.07.2022 marks the procedure and entitlement for grant of
leave for pursuing Senior Residentship to the Medical Officer. Bare
perusal of the circular would make it clear that such circular has
taken care of both regular as well as probationer Medical Officers
and clarifies that for the purpose of pursuing educational course,
no objection certificate would not be required and further lays
down the condition for relieving the Medical Officer for joining the
Senior Residentship, which shall be of the maximum period of 1
year and further clarifies that in case, Senior Residentship once
offered to a candidate, is not accepted by him, in future he shall
not be permitted to join Senior Residentship. The circular also
makes it abundantly clear that such Medical Officers shall be
entitled only for extraordinary leave, which shall not be counted
for any service benefits including pension, annual grade increment
and other benefits.
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16. In the cases of Dr. Prateek Verma (supra) and Dr.
Yogesh Saini (supra), in the light of earlier circulars issued by
the department, this Court has permitted similarly situated person
for joining Senior Residentship.
17. In the light of above, the above writ petitions filed by
the petitioners are hereby allowed. The respondents are directed
to immediately relieve the petitioners for joining Senior
Residentship at their respective colleges as per allotment order
dated 21.01.2026. The respondents shall also pass order for
granting extraordinary leave to the petitioners under the
provisions of Rajasthan Service Rules, 1951 with the condition as
specified in point No.4 of circular dated 05.07.2022 i.e. such
extraordinary leave shall not be taken into consideration for
pension, annual grade increment and other service benefits
including salary. In case, any stipend is allowed during Senior
Residentship, the petitioners shall be entitled only for the same.
18. It is informed by learned counsel for the petitioners
that the respondents are likely to fill up all the vacancies of Senior
Residentship, therefore, the respondents are directed to relieve
the petitioners latest by 12.03.2026 and thereafter, they shall also
be allowed to join Senior Residentship course pursuant to
allotment letter dated 21.01.2026.
19. Pending application(s), if any, stand(s) disposed of.
20. Copy of this order be placed in each file.
(ANAND SHARMA),J
Jatin /9-15, 32
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