- (1.) Both the counsel agree that this case be covered by the order passed by the Coordinate Bench of this court in the case of Dr.Ravi Prakash Dadhich & Ors. Vs. State of Rajasthan & Ors., SB Civil Writ Petition No.5638/2020, on 20 th May, 2020 except that the petitioner is in-service category candidate and learned counsel for the petitioner submits that the order be accordingly modified.
(2.) I have considered the submissions and perused the order passed by the Coordinate Bench of this court in the case of Dr.Ravi Prakash Dadhich (supra) wherein the court has observed as under: "In this view of the matter, I am of the opinion that once the petitioners want to pursue their higher study it would be beneficial for the State and also when the State Government also provides study leave for their employees, it would not be appropriate to deny the petitioners to join the PG course after joining the service. The State can always appoint another doctor during the period when the petitioners are undergoing PG course. However, the appointment of the petitioners would be saved and as soon as the petitioners completes PG course, they would be allowed to join back in service. Considering that there is paucity of doctors in State of Rajasthan, a bond shall be taken from each of the petitioner of Rs.5.00 lacs (Rs. Five Lacs) for joining the State services after completing the PG course for three years. State shall release their original documents for being produced in the respective medical course. List after six weeks."
(3.) Taking into consideration the above, this court deems fit to allow the petitioner to join the PG course. There is an objection of learned counsel that petitioner had not moved application for seeking NOC within time. However, that cannot be a ground to deprive the petitioner to join the course. The authorities are directed to release the NOC to the petitioner for joining the course. The other conditions as noted above in the case of Dr.Ravi Prakash Dadhich (supra) shall follow.;