NADEEM SARDAR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-4-127
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on April 04,2019

Nadeem Sardar Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

ALOK SHARMA, J. - (1.) Admittedly the petitioner was appointed vide order dated 14.8.2018 as a probationer-trainee on the post of Medical Officer under the Rajasthan Medical Service Rules, 1963 (hereafter 'the Rules of 1963') on a fixed remuneration of Rs.56,700/- for a period of two years. In pursuance thereof he joined service on has been filed in this matter. Please refer the same for further orders) 20.8.2018. During the period of probation, the petitioner wrote the NEET PG Examination, 2019 for admission into the Post Graduate Medical Courses, was successful and ranked at serial number 6169 (All India quota) and 2091 (50% quota category).
(2.) The All India Post Graduate Counselling for admission as per merit choice of College/ course started from 18.3.2019 and is to continue till 24.3.2019.
(3.) Mr.R.C. Joshi counsel for the petitioner submitted that as per the rank obtained in the NEET PG Examination, 2019 by the petitioner he is likely to be selected for admission in a PG course/ college of choice in the State quota/ All India quota following counselling as per the notified calendar and a allotted Medical College. However as on 30.4.2019 the petitioner will have completed only one year eight months (1 year 8 months) of has been filed in this matter. Please refer the same for further orders) probation and be short by a period of 3 months and 19 days on the two years probation, on completion of which he would be confirmed as Medical Officer with the Medical and Health Department, Government of Rajasthan. Mr.R.C. Joshi submitted that as per the circular dated 30.1.2019 issued by the Additional Chief Secretary, Medical and Health Department the petitioner has been deprived from being issued a NOC by the Department for joining the Post Graduate Medical course to which he is likely to be admitted on his merit. Mr.R.C. Joshi submitted that in the circumstances the petitioner submitted a representation on 14.2.2019 to the Additional Chief Secretary, Medical and Health Department praying that he be issued the NOC on the undertaking that he would rejoin service as a probationer-trainee Medical Officer after completion of the three year PG Medical Course, has been filed in this matter. Please refer the same for further orders) complete the remainder three months and 19 days period of probation prior to his confirmation. Mr.R.C. Joshi submitted that the petitioner also undertook in his representation that in the event a NOC were to be issued, he would not claim to be paid his current fixed remuneration during the PG Course nor even claim bonus marks under the proviso to Regulation 9(IV) of the Medical Council of India Postgraduate Medical Education Regulations, 2000 (hereafter 'Regulations of 2000') for ascertainment of merit. The petitioner's representation was however rejected and the relaxation sought not be granted for issuance of NOC. That view of the respondents is wholly arbitrary and unreasonable, submitted Mr.R.C. Joshi. He further submitted that in denying the requisite NOC the respondents have overlooked not only the detriment to the petitioner's professional career by being denied a PG Medical has been filed in this matter. Please refer the same for further orders) admission despite successfully passing the NEET PG, 2019--but also the detriment to public interest in a Medical Officer of the State being deprived higher education which would on the face of it be beneficial to the poor patients availing medical treatment at the Primary Health Centres/ Community Health Centres where medical officers are ordinarily posted. ;


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