Rajasthan High Court
CW/8380/2026 of SONAM MITTAL, W/O SHRI RAHI GOYAL Vs THE STATE OF RAJASTHAN on 20 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8380/2026 CNR: RJHC020437562026 | URN: CW / 18505U / 2026 Sonam Mittal, W/o Shri Rahi Goyal, Aged About 35 Years, R/o K- 12/2, Lic Flats, Sector-6, Vidhyadhar Nagar, Jaipur (Rajasthan). ----Petitioner Versus 1 The State of
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8380/2026
CNR: RJHC020437562026 | URN: CW / 18505U / 2026
Sonam Mittal, W/o Shri Rahi Goyal, Aged About 35 Years, R/o K- 12/2, Lic Flats, Sector-6, Vidhyadhar Nagar, Jaipur (Rajasthan).
----Petitioner
Versus
The State of Rajasthan, Through Principal Secretary, Medical And Health Department, Secretariat, Jaipur.
Principal And Controller, Sms Medical College, Jaipur.
Director, Medical And Health Department, Swasthya Bhawan, Jaipur.
Chief Medical And Health Officer, Sikar, Rajasthan.
----Respondents
For Petitioner(s)
:
Mr. Avinash Choudhary
For Respondent(s)
:
Mr. Yash Joshi for
Mr. Vigyan Shah, AAG
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
20/08/2026
1. Petitioner has filed instant writ petition, seeking following prayer: "It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow this writ petition and further be pleased to -
(a) By an appropriate writ, order or direction, declare the action of the respondents in not relieving the petitioner for the purpose of joining Senior Residency, despite her selection on merit, as illegal, arbitrary and unconstitutional, and be pleased to direct the respondents to relieve the petitioner forthwith to enable her to join the said course; and (b) By an appropriate writ, order or direction, direct the respondents to extend the joining period and not to fill the post in question by any other candidate and to
(2 of 3) [CW-8380/2026] allow the petitioner to join with all consequential benefits; and
(c) Costs of the writ petition may kindly be awarded in favour of the petitioner; and
(d) Pass any other order(s) which this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the present case, in favour of the petitioner."
2. When this writ petition came up on Board on 18.08.2026 after hearing both the parties, following order was passed: "Heard counsel for both the parties. Admittedly, petitioner is an in-service candidate and has availed study leave of 24 months to undergo PG Course in the year 2020 to 2023 and in addition also has availed study leave of 12 months to undergo Senior Residentship in emergency medicine from 19.12.2023 to 18.12.2024. Thereafter, petitioner wants to avail Extra Ordinary Leave (EOL) for a period of 12 months, to undergo Senior Residentship in Anesthesia. Counsel appearing on behalf of respondents prays for and is granted two days time to update his instructions. List the matter on 20.08.2026 in supplementary cause list."
3. Counsel appearing on behalf of respondents, having instructions, pointed out that the Representation dated 24.04.2026 submitted by petitioner for grant of Extraordinary Leave (EOL) i.e. Leave Without Pay (LWP), has not been decided by the respondents and respondents would decide the same shortly.
4. Counsel for petitioner does not dispute that petitioner has submitted a representation dated 24.04.2026 (Annx.3) before the Chief Medial Officer, Sikar to grant LWP for a period of one year in order to undergo higher education and no order on that Representation has been passed. Counsel for petitioner submits that as per Rule 96 of the Rajasthan Service Rules, 2002 (for
(3 of 3) [CW-8380/2026] short, 'the Rules of 2002'), petitioner is entitled to get EOL for a period of 24 months over and above to the study leave already granted to petitioner under Order 112 of the Rules of 2002.
5. This Court finds that the entitlement of petitioner for EOL to join Senior Residentship in Anesthesia is yet to be considered by the respondents on merits, therefore before considering this issue by this Court, it would be just and proper to direct the respondents to consider the issue of grant of Extraordinary Leave to petitioner and decide the Representation dated 24.04.2026 of petitioner within the scope of Rule 96 of the Rules of 2002. The respondents shall pass reasoned and speaking order preferably within a period of 30 days from today.
6. It is hereby observed that in case representation is decided against the petitioner, petitioner would be at liberty to approach again before the High Court by way of filing a fresh writ petition.
7. With the aforesaid, instant writ petition stands disposed of with the aforesaid liberty.
8. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J 78-S/RONAK JAIMAN