IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.9519 of 2025 Date of Decision: 16.09.2025 _________________________________________________________ Dr. Divyanshu ……...Petitioner Versus The State of Himachal Pradesh & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? Yes. For the Petitioners: Mr. Vishwa Bhushan, Advocate. For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General. _________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, petitioner has prayed for following main relief:- “(i) That the act of the respondents in not providing the benefit of extension of time in order to complete Post Graduation/MD Degree in Dravyaguna Vigyana from Chaudhary Brahm Prakash Ayurved Charak Sansthan, New Delhi and in causing discrimination which the petitioner, may kindly be held illegal, unreasonable, unjustified, invalid, arbitrary, unconstitutional, violative of Article 14 and 16 of the Constitution of India and contrary to Term and Condition No.1 contained therein letter dated 26.07.2024 (Annexure P-7). (ii) That the respondents may kindly be directed to treat the petitioner equally with other 14 newly appointed Ayurvedic Medical Officers mentioned therein the letter dated 26.07.2024 (Annexure P-7) in the matter of extension/concession enabling them to continue/complete their Post Graduation and the res. may further please be directed to allow/ relieve the petitioner to continue/complete her Post Graduation 2 in Dravyaguna Vigyana from Chaudhary Brahm Prakash Ayurved Charak Sansthan, New Delhi like above mentioned newly appointed Ayurvedic Medical Officers mentioned therein letter dated 26.07.2024 (Annexure P-7) forthwith.” 2. It is a classic case where the petitioner, who at the relevant time was pursuing his M.D. Course alongwith other candidates, applied for the post of Ayurvedic Medical Officer in Ayush Vibhag, Himachal Pradesh, in terms of advertisement dated 23.09.2023 (Annexure P-1), issued by the Department of Ayurveda, Government of Himachal Pradesh. Petitioner alongwith other similarly situate persons, who were also pursuing the MD Course came to be selected against the post in question, as is evident from Notification dated 15.03.2024 (Annexure P- 2). As per afore notification, selected candidates, including petitioner were required to join on or before 10.06.2024, but since at relevant time petitioner alongwith other similarly situate persons was pursuing MD Course, she alongwith others applied for extension time for joining on 23.06.2024 (Annexure P-3). However, since afore prayer was not responded to, petitioner, in compliance of notification dated 15.03.2024, whereby she was called upon to join on or before 10.06.2024, joined against the post of Ayurvedic Medical Officer in the Department of Ayush, Government of Himachal Pradesh. Other Similarly situate persons though stood selected to the post Ayurvedic Medical Officers vide notification dated 15.03.2024 did not join, but vide communication 3 dated 11.06.2024, Department of Ayush, Government of Himachal Pradesh, acceded to the request of petitioner as well as other similarly situate persons for extension of time (Annexure P-6), as a result thereof, petitioner alongwith other similarly situate persons came to be granted extension in joining time. Interestingly, despite there being communication dated 11.06.2024, whereby time to join came to be extended, enabling selected candidates to complete their PG course, petitioner, who in terms of notification dated 15.3.2024 had already joined on 10.06.2024, was subsequently denied the benefit of extension in joining time on the pretext that pursuant to her joining on 10.06.2024, she had become a Government employee and as such, cannot avail leave other than that available under the Leave Rules. 3. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Vishwa Bhushan, learned counsel representing the petitioner, is that though petitioner alongwith other similarly situate persons, after their selection had applied for extension in joining time, but since such prayer of the petitioner was not acceded to upto 10.06.2024, she had no option, but to join in terms of notification dated 15.03.2024, failing which, her appointment would have been cancelled. However, after her having joined in terms of notification dated 15.03.2024, the Department of Ayush, vide communication dated 11.06.2024, granted extension of 4 joining time to her as well as other similarly situate persons, but now she is not being permitted to complete her MD Course on the pretext that she cannot claim parity with other similarly situate persons for the reason that they had never joined government service, rather had applied for extension of joining time, which was also done by the petitioner. 4. Pursuant to the notices issued in the instant proceedings, respondent-State has filed reply, wherein the facts, as noticed hereinabove, have not been disputed, rather an attempt has been made to resist the claim of the petitioner on the ground that pursuant to petitioner having joined on 10.06.2024, she acquired the status of a government employee and as such, is not entitled to study leave beyond the period prescribed under the rules. 5. Mr. Ravi Chauhan, learned Deputy Advocate General, vehemently argued that there was no occasion, if any, for the petitioner to join on 10.06.2024, as was done by other similarly situate persons, rather she ought to have waited till passing of order 11.06.2024, whereby prayer made by her alongwith other similarly situate persons for extension in joining time came to be allowed. He submitted that since petitioner joined as Ayurvedic Medical Officer pursuant to her appointment, notified vide notification dated 15.03.2024, she cannot 5 claim herself to be similarly situate to other persons, who though stand selected, but have yet to join. 6. Mr. Vishwa Bhushan, learned counsel for the petitioner, while fairly admitting that petitioner herein joined as Ayurvedic Medical Officer on 10.06.2024, strenuously argued that since prayer made on behalf of the petitioner for extension in joining time was not being acceded to and in notification dated 15.03.2024, direction was issued to all selected candidates to join on or before 10.06.2024, petitioner had no option, but to join. However, once other similarly situate persons, vide notification dated 11.06.2024, stand granted extension for joining, enabling them to complete their MD courses, petitioner, being similarly situate person, also deserves similar treatment. 7. Having heard learned counsel representing the parties and perused the material available on record, this Court finds that petitioner herein, before making application for the post of Ayurvedic Medical Officer in terms of Recruitment Notice dated 23.09.2023 (Annexure P- 1), was pursuing her MD Course in Dravyaguna Vigyana from Chaudhary Brahm Prakash Ayurved Charak Sansthan, New Delhi. It is also not in dispute that petitioner was selected alongwith other candidates vide notification dated 15.03.2024 (Annexure P-2), wherein it specifically came to be mentioned that selected candidates shall join on or before 10.06.2024. It also emerges from the pleadings adduced 6 on record by the respective parties that after issuance of notification dated 15.03.2024, whereby factum with regard to selection of petitioner came to her notice, she alongwith other similarly situate persons, who prior to applying for the post in question were pursuing their MD Courses, made detailed representation to the Ayush Secretary, Department of AYUSH, Government of Himachal Pradesh on 26.03.2024 (Annexure P-3), but since no response was given to the same by the Department on or before 10.06.2024, petitioner, while complying with the direction contained in notification dated 15.03.2024 joined on 10.06.2024. whereas other similarly situate persons, who though were selected vide notification dated 15.03.2024 chose not to join on or before 10.06.2024, as a result thereof, their selection to the post ought to have been considered null and void, but interestingly, vide communication dated 11.06.2024, respondents passed order on the representation dated 26.03.2024 (Annexure P-3), thereby granting extension in joining time to the petitioner as well as other similarly situate persons, enabling them to complete their MD courses. 8. Now in terms of aforesaid order, save and except petitioner, all other similarly situate persons stand granted extension in joining time, as a result whereof, they are pursuing their MD Courses besides being selected against the post of Ayurvedic Medical Officer in the Department of AYUSH. The fault of the petitioner is that she, while 7 complying with the condition contained in notification dated 15.03.2024, wherein it stood mentioned that selected candidates had to join on or before 10.06.2024, joined on 10.06.2024, by which date admittedly representation dated 26.03.2024(Annexure P-3) submitted by the petitioner for extension in joining time had not been responded to, rather same came to be decided vide communication dated 11.06.2024 i.e. one day after the last day of joining. Now though in terms of communication dated 11.06.2024, petitioner alongwith other similarly situate persons stands granted extension in joining time, but yet she is being denied opportunity to complete her MD Course on the pretext that pursuant to her joining on 10.06.2024, she has become a contract employee of the Government of Himachal Pradesh and as such, cannot avail study leave. 9. There is nothing on record to suggest that appointment of such candidates, who failed to join on or before 10.06.2024, stands cancelled, rather documents adduced on record by the respondents themselves suggest that such candidates stand granted extension in joining time, whereas petitioner, who obediently and diligently joined on 10.06.2024 in terms of notification dated 15.03.2024, is being denied extension in joining time, enabling her to complete her MD Course, on the pretext that on account of her having joined the Department of 8 AYUSH on 10.06.2024, she has become a government employee and as such, cannot claim parity with other candidates. 10. 10. Once it is not in dispute that other similarly situate persons continued to be selected candidates on account of their selection vide notification dated 15.03.2024, coupled with the fact that respondents themselves have granted extension to them in joining time, there appears to be no justification to deny similar treatment to the petitioner, who, taking note of last date given in notification dated 15.03.2024, had no option, but to join against the post in question. Had respondents acceded to the request of the petitioner as well as other similarly situate persons for extension of joining time prior to 10.06.2024 and yet petitioner herein had not joined against the post in question, respondents would have been right in contending that petitioner cannot be granted the benefit of extension of joining. 11. Interestingly, in the case at hand, respondents kept sitting over the representation filed by the petitioner as well as other similarly situate persons for extension in joining time for more than 2 ½ months and thereafter, one day after the last date of joining, vide notification dated 11.06.2024 acceded to the request of the petitioner as well as other similarly situate persons. Such of the candidates, who failed to adhere to the condition contained in notification dated 15.03.2024 with regard to last date of joining, have been given benefit of extension in 9 joining time, whereas the petitioner, who, while adhering to the last date given in the notification 15.03.2024, joined the Department is being denied such benefit. 12. Since it is not in dispute that other persons, as detailed in notification dated 11.06.2024, shall be joining the Department of Ayush on account of their selection against the post of Ayurvedic Medical Officer in terms of notification dated 15.03.2024, no prejudice, if any, shall be caused to the Department in case the petitioner, who is similarly situate to all other persons, is also permitted to complete her MD course. 13. At this stage, it would be apt to take note of notification dated 26.07.2024, whereby extension of time was granted in favour of the newly recruited Ayurvedic Medical Officer:- “ No. Ayu-B(2)-4/2018-loose Government of Himachal Pradesh AYUSH VIBHAG From Secretary(Ayush)to the Government of Himachal Pradesh To The Director of Ayush Himachal Pradesh, Shimla -171009 Dated, Shimla-2, the 26th July 2024 Subject: Extension of time in favour of newly recruited Ayurvedic Medical Officer. 10 Sir, in continuation of this Department’s letter of even number dated 11.06.2024, on the subject cited above I am directed to inform that Government has decided to allow extension of time to join as Ayurvedic Medical Officer in AYUSH Vibhag in favour of following candidates enabling them to continue/complete their ongoing Post Graduation Degree for a period as mentioned against their names or till the date of completion of Post Graduate Course, whichever is earlier:- Sr. No. Name of Candidates Period/month 1. Dr. Kriti Chauhan March, 2025 2. Dr. Eresh Kumar March, 2025 3. Dr. Lalita Devi March, 2025 4. Dr. Lokesh Chauhan March, 2025 5. Dr. Neha Thakur March, 2025 6. Dr. Pramod Kapoor March, 2025 7. Dr. Shifali Bhardwaj March, 2025 8. Dr. Archit Kumar March, 2025 9. Dr. Sonali Thakur March, 2025 10. Dr. Suruchi March, 2025 11. Dr. Rahul Kumar March, 2026 12. Dr. Shubhangi Sood March 13. Dr. Sakshi Dhdwal March 14. Dr. Arun Kaushal March The above extension of time is strictly subject to the following terms and conditions:- 1. That the contract, if any, is signed by the candidates shall automatically stand cancelled. The candidates have to sign new agreement and complete the whole process as a fresh candidates including Medical/Fitness as Character antecedents & Verification etc., at the time of their joining. 11 2. No further extension in joining time will be allowed and if the candidate still fail to join as AMO/ to sign the agreement/Contract afresh, the offer of appointment shall stand automatically cancelled without giving any further notice or opportunity; 3. Other terms and conditions as well as grant of seniority, regularization after completion of contractual period monetary benefits etc. shall be subject to provision contained in the DoP’s instructions dated 09.09.2016 & 03.04.2023 in case any other fresh recruitment of AMOs taken place either by direct recruitment or batch wise basis. 4. That the candidates who are agree with the above condition shall submit an affidavit to this effect on a stamp paper of the value not less than Rs. 100/- with in a week’s time failing which this extension shall be treated as withdrawn; The above extension is also subject to final outcome of CWP No.1657 of 2019 titled as Dr. Chakshu Mala vs. State of H.P. pending adjudications before the Hon’ble High Court of H.P. Your faithfully, (Man Mohan Chopra) Under Secretary(Ayush) to the Government of Himachal Pradesh 14. One of the conditions contained in the afore communication, is that any contract, if signed by the candidates, shall automatically stand cancelled. The candidates are required to sign new agreement and complete the entire process as fresh candidates, including Medical/Fitness as Character antecedents & verification at the time of their joining. While granting extension, respondents also took note of the situation where some candidates, pursuant to selection, may have joined before grant of extension of time, but in that eventuality, contract, if any, signed by such person shall be cancelled and he/she will have to sign a new agreement and complete whole process as a afresh candidate. This Court sees no reason that why such procedure cannot be followed in the case of the petitioner, who admittedly, pursuant to her having joined on 10.06.2024, has signed the contract. 12 No doubt, petitioner signed the contract after her joining on 10.06.2024, but in terms of the condition contained in notification dated 26.07.2024, any contract signed by her stands automatically cancelled on account of issuance of communication dated 11.06.2024, whereby extension in joining time came to be granted in favour of the petitioner alongwith other similarly situate persons. 15. Consequently, in view of the detailed discussion made hereinabove, this Court finds merit in the present petition and accordingly, same is allowed. The communications dated 21.02.2025 (Annexure P-10) and 15.02.2025 (Annexure P-11) are quashed and set aside with a further direction to the respondents to permit the petitioner to complete her MD Course by granting her extension in joining time, as has been done in the case of other similarly situate persons. Since petitioner has been fighting of her rightful claim of years together, this Court hopes and trusts that needful shall be done positively within a period of two weeks. Pending applications, if any, also stand disposed of. September 16, 2025 (Sandeep Sharma), (Shankar) Judge