STATE OF RAJASTHAN Vs. YOGENDRA TANEJA

JUDGEMENT

(1.) In all the above special appeals filed by the State Government through the Chief Secretary, Government of Rajasthan and another, the controversy involved is identical, therefore, all the above three special appeals are being disposed of by this common judgment. For the sake of convenience, the facts of D.B. Special Appeal (Writ) No.190/2013, State of Rajasthan & Another Vs. Dr. Yogendra Taneja & Others are hereby taken into consideration.

(2.) The State Government is challenging the validity of the judgment dated 10.09.2012 passed by the learned Single Judge in S.B. Civil Writ Petition No.5586/2012, Dr. Yogendra Taneja & Others Vs. State of Rajasthan & Another, by which, the learned Single Judge allowed the writ petition and orders Annex.-6 and Annex.-7 dated 02.03.2012 and 29.03.2007 respectively were declared inoperative to the extent they relate to the writ petitioners who were admitted to Post Graduation courses as a consequent to their selection by facing Pre-P.G. Medical Entrance Examination 2011 and were declared entitled for receiving full emoluments with other service benefits up to 01.03.2012 and, further entitled to have full emoluments alongwith other service benefits while serving as resident doctors.

(3.) Brief facts of the case are that all the respondents preferred writ petition before the learned Single Judge narrating the facts that they are in-service medical officers of the State Government and they were posted in rural areas and completed three years of service or two years of continuous service in the rural area of desert and hilly or scheduled are of the State, therefore, they were given incentive by the State Government for further study of post graduate course so as to improve the medical facility for the people of the State. The respondent writ petitioners took admission in the post-graduate studies for which they submitted certificate in the prescribed format duly signed by the Director, Medical & Health Services, Government of Rajasthan to that effect being fully qualified candidates and appeared in the competitive examination of Pre-P.G. Medical Examination 2011. The respondent medical officers were selected in accordance with booklet (Pre-P.G. Medical Entrance Examination 2011) for admission in P.G. course. Thereafter, they have been allotted subjects after due counseling and admitted in the P.G. course in the concerned allotted medical colleges.