DR. ANIL VERMA S/O SHRI HARI NARAIN VERMA v. STATE OF RAJASTHAN
CW/2860/2026 · 2026-04-07
Munnuri Laxman
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3842 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3842 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:14259] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2860/2026 Dr. Anil Verma S/o Shri Hari Narain Verma, Aged About 26 Years, R/o A-21, Chanchal Vihar, Kunhadi, Kota- 324008. ----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Medical Health & Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur-302005
2. Registrar/Convener,
Medical
Officer
(Medical), Recruitment Examination-2024, Rajasthan University Of Health Sciences, Sector-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur-302033
3. Director, Medical Health & Family Welfare Department, Government Of Rajasthan, Swasthya Bhawan, A-2, Jamnalal Bajaj Marg, C-Scheme, Behind Government Secretariat, Jaipur-302005.
4. A.I.I.M.S. New Delhi Through Its Director, Ansari Nagar, New Delhi- 110029. ----Respondents For Petitioner(s) : Mr. Rajendra Soni For Respondent(s) : Mr. Bharat Vyas, ASG with Ms. Sweekriti Sharma Mr. Nitin Jain for Mr. Archit Bohra HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order 07/04/2026
1. On the request and with the consent of learned counsel appearing on behalf of both the parties, the present writ petition is taken up for final disposal at the admission stage.
2. The present writ petition has been filed challenging the order dated 05.02.2026 (Annex.13) in consequence of extension order
[2026:RJ-JP:14259] (2 of 4) [CW-2860/2026] dated 13.02.2026 (Annex.R/2), wherein and whereby the appointing authority of the petitioner for the post of Medical Officer has granted extension of time for six months for joining the said post. The challenge was made that the authorities should have granted extension till the course is completed; therefore, he is before this Court.
3.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is pursuing the course of MD in AIIMS, Delhi. While continuing his PG course, he has been selected for the post of Medical Officer in the State of Rajasthan, and after selection and after receiving the appointment order, the petitioner made a request for grant of time to join. The said request was sympathetically considered, and an extension of six months’ time was granted for joining the said post. The petitioner could not join within the said extended period of time on account of non-release of original certificates which are with AIIMS, and for joining the post, the original documents are required to be produced at the time of joining. In the said circumstances, he filed the present writ petition while assailing the extension conditions of six months.
4.
Learned counsel appearing on behalf of the petitioner further submits that the circular issued under Article 309 of the Constitution of India enables the employer to grant extension of time by joining the post to facilitate appointee to complete the course, and the period which was granted was originally limited, and within that limited period, the petitioner’s course would not be completed; as such, he filed the present writ petition. It is also his grievance that the petitioner could join the post of Medical Officer only if AIIMS releases the custody of the original documents.
[2026:RJ-JP:14259] (3 of 4) [CW-2860/2026] Since AIIMS has not released the original documents, the petitioner could not join the said course.
5.
Learned counsel appearing on behalf of the respondent-State submits that the authority sympathetically considered the request of the petitioner in terms of the notification issued by the Governor under Article 309 of the Constitution of India, and beyond six months, the employee is required to join and seek grant of leave. In the present case, the petitioner could not join within the extended period also. The question of his further joining would not arise; as such, he prays for dismissal of the present writ petition.
6.
Learned counsel appearing on behalf of respondent-AIIMS submits that there was no request from the petitioner for grant of any original certificate. However, the counsel appearing on behalf of the petitioner submits that such request was made and the same was not considered.
7. Having gone through the notification which is the foundation for challenge in the present writ petition, the notification clearly stipulates that if the course is able to be completed within six months, the time for joining the post can be extended by six months. If the course is required to be completed beyond six months, the employee is required to join and seek extraordinary leave or any other leave permissible under the Rules. It is an admitted fact that the petitioner’s course requires more than six months; therefore, the extension which was granted to him is of no help to him except for joining the said post.
8.
Learned counsel appearing on behalf of the petitioner submits that the posts are still vacant and the respondents require
[2026:RJ-JP:14259] (4 of 4) [CW-2860/2026] the services of the Medical Officer, and the respondents may be
directed to consider his request for extension of time; and if the extension of time is granted, let AIIMS be directed to provide the certificate in order to facilitate the petitioner in joining the post and to seek grant of leave.
9. This Court, having considered the above contentions, is inclined to dispose of the present writ petition with the following directions: the petitioner is given liberty to make a representation to respondent No. 3—Director, Medical Health & Family Welfare Department seeking extension of time to join; the respondent No. 3—Director, Medical Health & Family Welfare Department is
directed to dispose of the representation of the petitioner within a period of one week from the date of receipt of this order and if, in the event that extension is granted, the respondent No.4-AIIMS is
directed to temporarily release the original documents of the petitioner in order to facilitate the petitioner to join the post and, thereafter, seek leave. If the petitioner is unable to obtain leave within a week after joining, in the event extension is granted, the petitioner is required to resubmit the original documents and continue the course.
10. With the aforesaid directions, the present writ petition is
disposed of.
11. All pending application(s), if any, shall also stand disposed of.
(MUNNURI LAXMAN),J 177s-PoonamS/-