AJAY SONI S/O SHRI MURALI DHAR SONI v. STATE OF RAJASTHAN
CW/12375/2025 · 2025-08-29
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27867 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27867 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:34578] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12375/2025 Ajay Soni S/o Shri Murali Dhar Soni, Aged About 32 Years, R/o 64/14, Pratap Nagar, Sector-6, Jaipur, Rajasthan ----Petitioner Versus
1. State Of Rajasthan, Department Of Medical, Health And Family Welfare, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Ashok Nagar, Jaipur - 302005, Rajasthan, Through Its Principal Secretary.
2. Md/ Ms/ Dm/ Mch/ Other Candidates (S.r./ Assistant Professor, Etc.) Board 2025, Through Its Chairman, Jaipur.
3. Office Of The Principal And Controller, Ruhs College Of Medical Sciences, Jaipur, Sector 18, Kumbh Marg, Pratap Nagar, Tonk Road, Jaipur, Rajasthan-302033.
4. Directorate Of Medical Education, Medical Education Department, Pink Square Mall, Govind Marg, Jaipur, Through Its Director
5. The Director, Department Of Medical Health And Family Welfare, Government Of Rajasthan, Swasthya Bhawan, A-
2. Jamnalal Bajaj Martg, C-Scheme, Ashok Nagar, Jaipur- 302005, Rajasthan ----Respondents For Petitioner(s) : Mr. Amol Vyas Mr. Abhishek Purohit For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 29/08/2025
1. Grievance raised by the petitioner in the instant case is that at present the petitioner is holding the post of Medical Officer
[2025:RJ-JP:34578] (2 of 3) [CW-12375/2025] at CHC Balghat, District Karauli and has been selected for the post of Senior Resident, while he was in service as Medical Officer yet, for no good reasons, the respondents are not relieving the petitioner for joining pursuant to his appointment order dated
26.07.2025. It is informed that time for joining on the post of Senior Resident has been extended upto 09.09.2025.
2.
Learned counsel for the petitioner submits that in the similar circumstances, the Co-ordinate Bench of this Court at Principal Seat, Jodhpur vide order dated 20.08.2025 passed in S.B. Civil Writ Petition No.15457/2025 (Dr. Vikram Singh Shekhawat & 35 Ors. Vs. State of Rajasthan & Ors.) has
directed the concerned Controlling Authority of the Medical Officers under whom the petitioners therein were working, to take a decision on the request of the petitioners to relieve them in compliance of circular/order dated 05.07.2022 and guidelines dated 11.06.2025 issued by the Director of Medical and Health. Paras No.7, 8 & 9 of the aforesaid order are being reproduced as under:-
"7. The learned counsel appearing for the petitioners has also brought to the notice of the Court certain relieving orders in respect of in- service Medical Officers/Senior Medical Officers to pursue Higher Courses/Super Specialty Courses. The petitioners cannot be discriminated in pursuing the course of Senior Residencyship.
8. In the above circumstances, this Court is inclined direct the concerned Controlling Authority under whom the petitioners are working to take a decision on the request of petitioners to relieve them in compliance with the Circular/Order dated 05.07.2022 and the Guidelines dated 11.06.2025 issued by the Directorate.
9. Such a decision shall be taken by the respondents authorities within a period of 15 days from the date of production of a certified copy of this order."
[2025:RJ-JP:34578] (3 of 3) [CW-12375/2025]
3. In the light of above order dated 20.08.2025 passed by the Co-ordinate Bench of this Court in the case of Dr. Vikram Singh Shekhawat (supra), this Court deems it fit and proper to dispose of the writ petition with the similar direction that the Controlling Authority of the petitioner shall pass appropriate order on the request made by the petitioner for relieving him pursuant to order dated 26.07.2025 for joining on the post of Senior Resident, in respect of circular/order dated 05.07.2022 and guidelines dated 11.06.2025. The Controlling Authority is expected to take decision on the request of the petitioner upto 07.09.2025.
4. Ordered accordingly.
(ANAND SHARMA),J DIVYA /5