NEHA CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals arise of the common judgment of the learned Single Judge dtd. 10/1/2022 in respective petitions. Issues being similar we may notice facts from D.B. Civil Special Appeal No. 201/2022. This appeal is filed by the original petitioner No. 9. She along with other petitioners are the doctors serving in the Rajasthan State services. They have been posted in remote or difficult areas or rural areas. The State policy recognises graded incentive marks for such doctors for the purpose of giving admissions in postgraduate medical courses. Such experience has to be reckoned as gained by them upto 30/9/2021 for the current process of admissions in PG medical courses. They have dispute with this cut off date. They contend that such cut off date should be shifted to 31/10/2021. They therefore filed the writ petition in which the prayer made is to direct the respondent authorities to consider their experience of service in Government hospitals till 31/10/2021. The learned Single Judge dismissed the writ petitions upon which these appeals have been filed.

(2.) Learned counsel for the appellant submitted that in the present year due to variety of reasons the process of admission in PG medical courses has been delayed. Taking cognizance of such delays the State Government itself has shifted the date for considering experience from originally declared which was 30/4/2021 to 30/9/2021. The Government did not take into consideration the fact that admission process has been further delayed. Ideally the first date of counselling should be the date upto which the experience should be seen. This was the past practice. Ignoring such facts the State Government has refused to extend the last date of 30/9/2021 for considering the experience of in-service doctors. The learned Single Judge has committed an error in dismissing the writ petitions.

(3.) Learned Government Advocate opposed the appeals contending that it is the question of policy decision of the State Government. The Government after due consideration decided to extend the last date for considering the experience upto 30/9/2021. Thereafter there was no further reason to extend the time. The petitioners have no vested right to insist that such incentive must be granted upto the date of counselling. The learned Single Judge has therefore rightly dismissed the petitions.