Jaipur: Supreme Court has issued notice on a special leave petition challenging the appointment of Deepak Maheshwari as principal of SMS Medical College, Jaipur, with the court seeking a response from the respondents within six weeks.The order was passed on Oct 1, 2026, by a bench comprising Justice Augustine George Masih and Justice R Mahadevan while hearing a special leave petition (SLP) filed by senior professor, department of community medicine, SMS Medical College, Avatar Singh Dua. The SLP arises from a Rajasthan High Court Division Bench judgment dated Aug 5, 2026.The bench has issued notices to the state govt and sought its response within six weeks.The dispute concerns Rajasthan govt’s order dated Oct 14, 2024, appointing Maheshwari as principal of SMS Medical College.Dua had challenged the appointment before Rajasthan High Court, alleging that Maheshwari had voluntarily resigned from the post of professor (Cardiology) in Oct 2016. “Once the resignation was accepted and came into effect, Maheshwari ceased to be in govt service and could not subsequently have been reinstated as professor and appointed to the post of principal,” said Nikhil Goel, senior advocate, who argued on behalf of the petitioner.The petitioner relied on Rule 22(1)(d) of the Rajasthan Service Rules, which states that a resignation becomes effective when it is accepted and the govt servant is relieved of duties. “We have said that after an effective resignation, the govt servant ceases to be in govt service and a subsequent request for withdrawal of the resignation is not to be entertained or considered,” he contended.The petitioner relied on Rule 22(1)(d) of the Rajasthan Service Rules, which states that a resignation becomes effective when it is accepted and the govt servant is relieved of duties. “We have said that after an effective resignation, the govt servant ceases to be in govt service and a subsequent request for withdrawal of the resignation is not to be entertained or considered,” he contended.Dua first approached Rajasthan High Court through a petition challenging Maheshwari’s appointment and questioning his reinstatement as professor. However, this was dismissed by the high court. Later, he filed a special appeal before the division bench, which was also dismissed in the judgment dated Aug 5, 2026.Following the dismissal by the High Court, Dua approached Supreme Court.
