'Trying To Sail In Two Boats': Rajasthan High Court Rejects Doctor's Plea To Retain Lien In Two Govt Services While Pursuing Higher Studies

The Rajasthan High Court has rejected a doctor's plea seeking extension of time to join as an Assistant Professor in General Surgery while pursuing his M.Ch. in Urology, holding that a government servant cannot retain lien on two substantive posts simultaneously.

Justice Anoop Kumar Dhand observed that extension of joining time is meant to meet administrative exigencies or personal hardship and cannot be used to stall joining or hold multiple employments while pursuing higher studies.

The Court was hearing the plea of a doctor who already held the post of Medical Officer at SMS Hospital & Medical College, Jaipur and was granted leave to pursue his M.Ch. in Urology. During the course, he was selected as Assistant Professor in General Surgery at Government Medical College, Tonk, but sought a two-year extension to join the new post until completion of his M.Ch.

Rejecting the plea, the Court said:

“A government servant can hold the lien on one substantive post only at a time.”

It held that attempting to retain multiple liens or intentionally delaying joining a new service to juggle multiple employment options violates the Code of Conduct and amounts to misuse of the facility. Such a practice could also block other meritorious candidates on the waiting list.

The Court further noted that the Government Medical College, Tonk had increased its MBBS intake by 50 seats and required adequate faculty. Allowing the petitioner to defer joining for two years would leave the post vacant and affect teaching and training of students.

“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,” the Court observed, dismissing the petition.