STATE OF RAJASTHAN Vs. KAMALDEEP KHATRI

JUDGEMENT

(1.) All these proceedings arise out of common background. They have been heard together and would be disposed of by this common judgment.

(2.) We have heard learned Advocates for the respective parties in writ petitions and appeals respectively, who at our request appeared on advance copy, since the central issue involved is common and is also raised in Writ Petition No.5532/2020 which has been placed along with this group. Delay in filling the appeals is condoned in each appeal.

(3.) The central issue arising is the request of the medical officers appointed in government service for grant of study leave during the period of probation which the government resists. This issue has come up before this Court on number of occasions but so far has been dealt with by learned Single Judges. There has been a diversion of opinions. In some cases, the learned Single Judges have allowed the writ petitions and directed the government to grant study leave. In some cases, the petitions have been dismissed. These issues are otherwise also time bound. Once the study leave is granted under interim or final order of the learned Single Judge and the employee joins the higher PG medical course, even on the ground of equity and other considerations it would be difficult to recall the admission. If the petition is dismissed, the employee would in any way miss the deadline for enrolling in the PG course by the time he can approach the division bench and secure an order in his favour. It is perhaps because of this reason that majority of the judgments of the learned Single Judges have not traveled further. Therefore, in order to resolve this controversy, we heard learned advocates at a considerable length.