[2025:RJ-JP:20516] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.2210/2014 Dr. Dhruv Sharma Son Of Shri Mukesh Sharma, At Present Serving As Assistant Professor In General Surgery, Resident Of 6, Gopinath Marg, New Colony, Jaipur-302001 ----Petitioner Versus 1. State Of Rajasthan Through Principal Secretary, Medical And Education Department, Government Of Raj, Secretariat, Jaipur 2. Rajasthan University Of Health Sciences, Jaipur Through Its Registrar 3. The Principal And Controller, J.l.n. Medical College, Ajmer Rajasthan 4. The Principal And Controller, S.m.s. Medical College, Jaipur ----Respondents For Petitioner(s) : Mr. Prem Kumar Sharma For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Sankalp Vijay JUSTICE ANOOP KUMAR DHAND Order 15/05/2025 1. Instant writ petition has been preferred by the petitioner with the following prayer:- “i) hold the petitioner entitled to be granted study leave for the period during which he completes his superspeciality (M.Ch.CTVS) course i.e. upto March, 2015 and direct the respondents to lay down any such condition which this Hon'ble Court may deem fit for the said purpose. [2025:RJ-JP:20516] (2 of 3) [CW-2210/2014] ii) The services of the petitioner on the post of Assistant Professor (General Surgery) may be protected in case granting study leave. iii) Any other appropriate order or direction which this Hon'ble Court deems fit and proper may kindly be passed in favour of the petitioner. iv) Cost of the writ petitioner may also be awarded to the petitioner.” 2. By way of filing this writ petition, a prayer has been made by the petitioner to complete his M.Ch. CTVS course and for grant of study leaves for the aforesaid purpose. 3. This Court vide order dated 21.05.2014 has passed the following interim order:- “It is stated that petitioner was doing M.Ch. [CTVS] course. He had completed two years and 19 days course out of three years. He joined the services in view of the selection, thus could not continue the course for a period of three months or so. The respondent/s debarred the petitioner to complete the course in reference to Ordinance 278(e), though it does not apply to M.Ch. [CTVS] course but to other courses. There is separate provision for M.Ch. [CTVS] Course where no restriction exists for continuance of course on the ground of absence. In view of above, the interim application is allowed. The respondent/s is/are directed to allow the petitioner to complete the course, however, the petitioner is in service, thus it would be after getting leave of the kind admissible. The petitioner would accordingly apply for the kind of leave, which can be granted to him to complete the course for the duration left. The direction aforesaid will remain subject to final outcome of this writ petition. [2025:RJ-JP:20516] (3 of 3) [CW-2210/2014] With the aforesaid direction/s, the stay application stands disposed of. In view of disposal of the first stay application, the second stay application is also disposed of.” 4. By passing the aforesaid order, the respondents were directed to allow the petitioner to complete the aforesaid course with a further direction to consider his application for grant of study leaves for completion of the aforesaid course. 5. Learned counsel for the petitioner submits that after passing of the aforesaid interim order by this Court, the respondents have granted study leaves in favour of the petitioner and the petitioner has completed the aforesaid course and a certificate of registration for qualification of M.Ch. CTVS has been granted by the Rajasthan Medical Council vide certificate dated 21.02.2017. Learned counsel submits that considering the above subsequent events, which have occurred during pendency of this writ petition and after passing of the aforesaid order dated 21.05.2014 by this Court, appropriate orders be passed. 6. Learned counsel for the respondent-State is not controverting the aforesaid factual aspect of the matter. 7. Considering the subsequent events which have been occurred pursuant to the order dated 21.05.2014 passed by this Court and looking to the fact that after sanctioning of the study leaves to the petitioner by the respondents, the petitioner has completed his M.Ch. in CTVS Course and his qualification has been registered by the Rajasthan Medical Council, the writ petition stands disposed of. The interim order dated 21.05.2014 is made absolute. (ANOOP KUMAR DHAND),J Karan/49