CWP-1571/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.1571/2010 Dr. Vandana Kararia Vs. State of Raj. & ors. Versus. Union of India & ors. DATE OF ORDER : 07/04/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. NK Maloo, for petitioner. Dr. YC Sharma, for respondent-University Mr. Dinesh Yadav,AAG, for respondent-State Mr. DD Sharma, for applicant-intevener-Balawant Singh. The matter has come up on an application filed by the applicant-Balwant Singh seeking permission for impleadment. After hearing counsel for the parties, this Court considers it appropriate to allow the applicant to intervene in the matter as an intervener, which is not opposed by by counsel for petitioner. However, with the consent of counsel for parties, the matter has been finally heard at this stage. The controversy arises for consideration herein is to examine as to whether the petitioner can be considered in regard to her joining from 01/05/2007 or from 03/05/2007 since three years of service is one of the pre- requisite conditions to be fulfilled by the applicant who had participated in Pre-PG Dental Examination-2010 on or before 30/04/2010 as in-service category candidate. CWP-1571/2010 2 The petitioner, after her regular selection through Rajasthan Public Service Commission, was appointed as Senior Demonstrator (Dental) vide order dated 01/05/2007 (Anx.1) and in pursuance thereto had to report on duty within four weeks. However, the petitioner submitted her joining report on 01/05/2007 and her application was entered in the receipt/dispatch register at No. 817 on 01/05/2007 but it appears that there was a condition that the applicant had to submit his/her medical fitness certificate which was submitted by the petitioner on 03/05/2007 and for her service conditions, which are regulated under the Rajasthan Service Rules, 03/05/2007 was considered as a date for fixation of pay and for other service benefits but for all other practical purposes 01/05/2007 was the date of her joining service on which she reported in pursuance to the order of her appointment dt. 01/05/2007 and being as in-service category candidate, she will be completing three years of service with the State Government on 30/04/2010. The petitioner appeared in the Pre-PG Dental Examination-2010 after completing all formalities to participate as in-service category candidate but when she was not permitted to appear in the examination, as in- CWP-1571/2010 3 service candidate, at that stage, she approached this Court and by an interim order dt. 03/02/2010 she was permitted to appear in the Pre-PG Dental Examination-2010 on provisional basis. However, her result was also placed before the Court for perusal of which reference has been made in the order-sheet dated 10/03/2010 and as per the marks, which she has secured in the competitive examination, her name finds place at No. 1 in the order of merit as in-service category in the Pre-PG Dental Examination-2010. It appears that some unanimous complaint was made that she has joined on 03/05/2007 and, as such, had not completed three years on 30/04/2010 taking note thereof, a clarification was sent by the Principal, Government Dental College and Hospital, Jaipur vide its letter dated 01/02/2010 wherein it has been averred that the petitioner had submitted joining in pursuance of her appointment order on 01/05/2007 itself but she later on submitted medical fitness certificate on 03/05/2007 and, therefore, her pay-fixation in the regular pay- scale was made w.e.f. 03/05/2007. In view of the clarification made by the Principal vide letter dt. 01/02/2010, in fact, no controversy remains alive which may require adjudication. However, counsel for respondents submits CWP-1571/2010 4 that two documents dt. 16/10/2008 & 02/09/2009 disclose her date of joining as 03/05/2007, however, that is in regard to her fixation of pay and that will govern her service conditions under the Rajasthan Service Rules but for all other practical purposes the petitioner reported for duty on 01/05/2007 which has been verified by the Principal of Government Dental College also vide its letter dt. 01/02/2010. From the material on record, this remains undisputed that the petitioner is in service for all practical purposes from 01/05/2007 while completing three years of service with the State Government on 30/04/2010, as such, being eligible to participate as in-service category candidate in Pre-PG Dental Examination-2010 held by the respondents. Consequently, the writ petition stands allowed. The petitioner is declared eligible as in-service category candidate in Pre-PG Dental Examination-2010 and the respondents are directed to declare her result and allow to participate in the counselling as in-service category as per placement in the order of merit for admission to Pre-PG Dental Examination- 2010. No costs. [AJAY RASTOGI], J. Raghu/p.4/ 1571-CW-2010-final.doc