Rajasthan HC junks doctor's plea to retain lien on 2 govt posts while pursuing MCh Urology studies

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Rajasthan HC junks doctor's plea to retain lien on 2 govt posts while pursuing MCh Urology studies

Jaipur: Observing that a government servant cannot retain lien on two substantive posts simultaneously, the Rajasthan High Court recently rejected a doctor's plea seeking an extension of time to join as an Assistant Professor in General Surgery while pursuing an MCh course in Urology.

"Keeping lien in two services and subsequently seeking extension of time by the petitioner for joining second service on account of pursuing higher studies, for two years, would certainly cause great inconvenience not only to the respondents but also to the students admitted to MBBS Course and their parents and public at large. In the considered opinion of this Court, by seeking extension for joining the new service, for pursuing two years further higher studies, the petitioner is trying to sail in two boats at the same time and such unjustified prayer of the petitioner cannot be accepted at any cost," observed the hC bench of Justice Anoop Kumar Dhand.

The Rajasthan High Court held that extension of joining time is granted to meet administrative exigencies or personal hardship. "A government servant can hold the lien on one substantive post only at a time. The provision of extension of joining time is meant to meet the administrative exigencies or personal hardship of emergent nature, but not as a mechanism to stall or hold multiple employments, while pursuing higher studies. Attempting to retain multiple liens or intentionally delaying in the joining of a new service to juggle multiple employment options, certainly violates the Code of Conduct and amounts to misuse of facility," clarified the High Court.

"Keeping the liens in two services simultaneously, would block the appointment of other meritorious candidates in waiting list and cause administrative inconvenience," it further held.

Case Background:

Filing the case, the petitioner-doctor sought an order directing to grant an extension or relaxation in joining of the petitioner on the post of Assistant Professor General Surgery till the completion of his higher study course i.e. M.Ch. course in Urology. Alternatively, the petitioner sought a grant of extraordinary leave till completion of his higher study course.

According to the case details, the petitioner participated in the selection process for appointment to the post of Assistant Professor in General Surgery and was selected and appointed by an order dated 12.08.2026 and was directed to join on or before 30.09.2026. The petitioner's counsel submitted that the petitioner is currently pursuing higher studies (M.Ch. in Urology) and is in the second year of the said course, which will be completed next year. Therefore, a direction was sought for extending the joining time period of the petitioner.

The petitioner's counsel referred to the circular/memorandum dated 22.02.2021, issued by the Department of Finance, Government of Rajasthan, and argued that as per the circular, the joining period of any probationer trainee can be extended in case such probationer trainee is undergoing any studies.

Further, the counsel submitted that the controversy involved in the plea has already been set at rest by the Co-ordinate Bench of the High Court in the case of Dr. Verma vs. State of Rajasthan and Ors. while deciding S.B. Civil Writ Petition No.61/2025 and the same view was reiterated in the case of Dr. Sadhwani vs. State of Rajasthan and Ors. while deciding S.B. Civil Writ Petition No.13713/2025 vide order dated 10.09.2025. Reliance was placed on several other judicial precedents.

On the other hand, the counsel for the State opposed the arguments raised by the petitioner's counsel and submitted that the doctor deliberately suppressed facts from the Court. It was submitted that the petitioner was appointed to the post of Medical Officer at SMS Hospital & Medical College, Jaipur. While he was rendering the services, the petitioner applied for extraordinary leave for undertaking the course of M.Ch. in Urology.

The State's counsel argued that, considering the above aspect of the matter, the petitioner wants study leave; he was allowed such leave to undertake the course of M.Ch.

Further, the counsel submitted that the lien of the petitioner is still lying with the Department of Medical Health with regard to his services in SMS Medical College. Now the petitioner has again participated in a fresh recruitment process for getting appointment on the post of Assistant Professor in General Surgery, and he has been selected and appointed vide order dated 12.08.2026 at the Government Medical College, Tonk.

It was argued by the counsel that earlier the MBBS intake capacity was 50 seats, and it was enhanced to 100 seats by the National Medical Commission, which had pointed out certain deficiencies while conducting the inspection, including the deficit in the number of faculty members.

The counsel submitted that an undertaking was submitted by the Principal Secretary as well as the Commissioner of the Department of Medical Health and Medical Education that the deficiencies with regard to the basic facilities, including faculty, would be rectified soon. Accordingly, the respondents are supposed to rectify all the deficiencies on or before 30.10.2026.

It was argued by the counsel that in case these deficiencies were not removed, the NMC will take back the increased 50 seats or impose a heavy penalty of Rs. one crore for every violation or act of omission.

Accordingly, the counsel contended that the petitioner could not be allowed to keep his lien in two services, i.e. one at the SMS Medical College and another at the Government Medical College at Tonk.

Observations by the High Court:

Taking note of the submissions, the HC bench observed, "Considering the arguments put forward by learned counsel for the State-respondent and looking to the fact that the petitioner was already appointed as Medical Officer at the SMS Hospital & Medical College, Jaipur and during subsistence of that services the petitioner applied for study leaves in the form of extraordinary leaves to undergo M.Ch. course in Urology and after submitting an undertaking before the Department of Medical and Health, he was permitted to undergo the aforesaid course. It appears that during continuation of the aforesaid M.Ch. course, the petitioner again participated in the selection process for getting appointment on the post of Assistant Professor in General Surgery and in furtherance thereof he has been selected and granted appointment vide order dated 12.08.2026."

As per the terms and conditions of the appointment order, the petitioner is supposed to join the services on or before 30.09.2026. However, the petitioner wanted an extension of time for joining on the post of Assistant Professor in General Surgery on account of his ongoing M.Ch. course in Urology, which would be completed in the next year, noted the HC bench. It further observed that by exercising such option or seeking such liberty, the petitioner wants to keep his lien in two different services simultaneously i.e. one at the SMS Medical College; and second at the Government Medical College at Tonk

Observing that the petitioner could not keep lien in two different services at the same time, the HC bench observed,

"A person like the petitioner cannot be permitted to take advantage of all these situation. More particularly, when he wants to continue two different services and while keeping these two services, as lien, he also wants to pursue higher studies, and that too at the cost of the students, who are studying MBBS course at the Government Medical College at Tonk. The petitioner cannot be permitted to dictate the course of events as per his wishes and desire, to frustrate and hamper the entire system."

"In the peculiar facts and circumstances of the case where the intake capacity of the Government Medical College, Tonk has been increased by 50 seats for the MBBS Course and for that purpose adequate faculty members are required for imparting teaching and training to the medical students, in case the petitioner is allowed extension of time of two years, the post upon which the petitioner has been appointed, would become vacant and the Government Medical College would not be in a position to conduct studies to such students who have been admitted in the MBBS course," further observed the High Court.

Accordingly, the HC bench dismissed the petition filed by the doctor.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/2026/10/10/dr-vs-state-of-rajasthan-479047.pdf

M.A in English Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

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