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Rajasthan High Court - Jodhpur

Rameshwar Vyas vs State Of Rajasthan (2026:Rj-Jd:14904) on 1 April, 2026

Author: Nupur Bhati

Bench: Nupur Bhati

[2026:RJ-JD:14904]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 5750/2026

Rameshwar Vyas S/o Shri Lajpat Rai Vyas, Aged About 42 Years,
R/o 959 Near Vishwakarma Gate, Inside Ram Mandir Street,
Bikaner (Raj.).
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Department Of Medical And Health Services, Govt. Of
         Rajasthan, Jaipur.
2.       Joint Secretary To The Government, Department Of
         Medical    And      Health (Group-2Nd), Government
         Secretariat, Jaipur.
3.       Principal Secretary, Department Of Medical Education,
         Government Secretariat, Jaipur.
4.       The Commissioner, Department Of Medical Education,
         Medical Education Bhawan, Govind Marg, Jaipur.
5.       The Director (Public Health), Department Of Medical And
         Health Services, Directorate, Health Bhawan, Jaipur.
6.       The Chairman, M.d/m.s/d.m/m.ch Candidates Allotments
         Board-2026, Sms Medical College, Jln Marg, Jaipur.
7.       National Medical Commission, Through Its Secretary,
         Sector 8, Pocket 14, Phase-1, Dwarka, New Delhi-
         110077.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Nrapen Shankar Acharya with
                                 Mr. Jatin Khatri
For Respondent(s)          :     Mr. Tanuj Jain for
                                 Mr. Mukesh Dave, AGC
                                 Mr. Siddharth Tatiya with
                                 Mr. Manan Mehta.


               HON'BLE DR. JUSTICE NUPUR BHATI

Order

01/04/2026

1. The instant writ petition has been filed with the following

prayers:

"xxxxx

(i) the respondent no.5, the Director (Public Health), Medical and Health Services, Jaipur may kindly be

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directed to pass necessary orders and permit the petitioner to pursue the one-year Senior Residency Course in pursuance of allotment order dated 05.02.2026 [Annex.9] and accordingly issue the NOC and necessary order of relieving them forthwith;

(ii) the impugned action of the respondent Director may kindly be declared illegal, unjust and contrary to the circular dated 05.07.2022 Annex. Anne 10 10 as as well as provisions of the Rules governing the law of land and as such, the same may kindly be quashed and set aside with all consequential benefits;

(iii) the respondents may kindly be directed to relieve the petitioner forthwith from present place of posting in terms of circular dated 05.07.2022 Annex.10 and also grant the appropriate leave as per the provisions of RSR, 1951, for pursuing their one-year Senior Residency Course in the respective allotted Govt. Medical Colleges;

(iv) the impugned order (verbal/ written) if any issued by the respondent Director/ State, during the pendency of present writ petition, the same may kindly be summoned from the respondents and may kindly be quashed and set aside with all consequential to follow;

xxxxxx"

2. Brief facts of the case, in nutshell, are that the petitioner,

after completing his MBBS from a recognized medical institution,

was appointed as a Medical Officer under the Rajasthan health

services. Subsequently, he qualified NEET-PG 2022 and pursued a

postgraduate medical degree (MD/MS), which he successfully

completed in November 2025 and got duly registered. Under the

prevailing Teachers Eligibility Qualifications Regulations, 2022, one

year of Senior Residency after post-graduation is an essential

requirement for appointment to the post of Assistant Professor.

Accordingly, pursuant to the notification dated 31.10.2025 and

subsequent corrigenda, the petitioner applied for Senior Residency

and was duly selected, with allotment lists issued on 21.01.2026

and re-issued on 04.02.2026, directing candidates to join their

respective institutions by 24.02.2026. In the meantime, the

petitioner was posted as a Medical Officer at District Hospital,

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Barmer, where he joined duties in late January 2026. Despite

being selected for Senior Residency and complying with the State

Government circular dated 05.07.2022 by informing his controlling

authority through proper channel, the petitioner was not relieved

from his present posting. It is the petitioner's case that similarly

situated in-service candidates were granted relieving and

permitted to join their Senior Residency, but he was denied the

same, allegedly due to verbal instructions issued by the

respondent Director. The petitioner made repeated representations

to the concerned authorities seeking relief from his current posting

so that he could join the one-year Senior Residency course within

the stipulated time, however, no action was taken, even though

failure to join by the prescribed deadline would result in automatic

cancellation of his Senior Residency allotment and aggrieved of

the above, the petitioner has filed the present writ petition.

3. Learned counsel for the petitioner submits that the issue

involved in the present writ petition is squarely covered by the

order dated 16.02.2026 passed in SBCWP No.19839/2025 titled

"Dr. Yash Vardhan Vs. State of Rajasthan & Ors.". The

relevant part of the order dated 16.02.2026 reads as under:-

"18. It is a matter of fact that no reply to the application under consideration or counter to the additional affidavit has been filed by the State.

It is not in dispute that the order which provides for submission of bank guarantee by the petitioners equivalent to the amount of service bond has been issued by the State of Rajasthan on 28.01.2026 and thus, there was no occasion whatsoever for any candidate to presume or apprehend imposition of any such condition prior to the said order coming into effect.

19. It is also a matter of record that prior to issuance of circular dated 28.01.2026, the circular dated 01.04.2025 was holding its field.

Clause 15 of the circular dated 01.04.2025 reads as under:

"15. ;fn dksbZ Nk= fdlh Institute of National Importance (AIIMS, PGI, JIPMER) esa Fellowship ds fy, p;fur gksrk gS rks mls Hkh Fellowships mijkUr 2 o"kZ dh jkT; esa jktdh; lsok nsus dh 'krZ ij gh vuqefr nh tk;sxhA "

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And, Clause 15 of the circular dated 28.01.2026 reads as under:

"15. ;fn dksbZ vH;FkhZ LukrdksRrj vFkok lqij Lisf'k;fyVh ikB~;Øe iw.kZ djus ds mijkar fdlh ^baLVhV~;wV vkWQ us'kuy bEikWVl (Any AIIMS/ PGI Chandigarh, JIPMER) तथा अन्य baLVhV~;Vw vkWQ us'kuy bEikWVl laLFkku* esa lhfu;j jsthMsUlh gsrq p;fur gksrk gS] rks mls jkT; ljdkj@ laLFkku }kjk ckaM jkf'k ds lerqY; cSad xkjaVh tek djkus ij vuqefr nh tk ldsxhA** Clause 15 of both these circulars deals with the situation where a candidate is willing to join an INI.

20. Though, the respondents seriously dispute the applicability of Clause 15 of the circular dated 01.04.2025 upon SR-ship on the ground that the word used in Clause 15 of the circular dated 01.04.2025 is "Fellowship" and not "SR-ship", this Court in the case of Dr. Rohit Yadav (supra) considered the issue of SR-ship has duly referred to the order dated 01.04.2025 and has held as under:

"16. Considering the submissions made by the learned counsel for the parties, taking note of the judgments cited at Bar and upon assiduous perusal of the records, this Court has made the following observations: 16.1 That PGIMER Chandigarh is an Institute of National Importance.

16.2 That the RNT college, Udaipur upon an undertaking released the original documents of the petitioner.

16.3 That the respondent No.3 has not released the provisional degree and NOC of the petitioner.

16.4 That the circular dated 01.04.2025 issued by the Secretary permits the candidate for pursuing program/service in an Institute of National Importance for the respective period and thereafter completing remaining years of service as per Bond condition.

17. While placing reliance upon Article 19 and 21 of the Constitution of India, 1950 and taking note of the fact that the petitioner has expressed his willingness to serve as a Senior Resident with the State for the remaining period, this Court in the interest of justice deems it apposite to allow the present petition with the following directions:

17.1 Provisional degree of the petitioner be released along with NOC and requisite documents, if any.

17.2 An undertaking in pursuance to the dictum passed in judgment Dr. Nishant Gopal (Supra), as on date be furnished to the State Government assuring compliance of the remaining Bond period in future.

17.3 PGIMER Chandigarh to permit the petitioner to continue on the post of Senior Resident without any break.

17.4 Respondent No.3 is directed to release requisite documents and NOC in favor of PGI Chandigarh."

Thus, it is not open for the respondents to argue that the Clause 15 of the circular dated 01.04.2025 will not apply on a candidate willing to join an INI for SR-ship.

21. Now, comparing Clause 15 of both the circulars i.e., circular dated 01.04.2025 and circular dated 28.01.2026, it is evident that the circular dated 28.01.2026 imposes an onerous condition upon the candidates of furnishing a bank guarantee equivalent to the amount of service bond. As the said circular came into effect only on 28.01.2026 and the applicant/petitioner No.2 has applied at AIIMS, Delhi for SR-ship in pursuance to an Advertisement dated 20.11.2025, which was issued much prior to issuance of the circular dated 28.01.2026 and even the online application form was filled on 01.12.2025 in pursuance to which, the examination was held on 03.01.2026, result of which was declared on 09.01.2026 and even the interview was held on 20.01.2026, this Court has no hesitation

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in holding that the applicant/petitioner No.2 would stand governed by circular dated 01.04.2025 and circular dated 28.01.2026 cannot be applied retrospectively upon the applicant/petitioner No.2 herein. It is more than settled that a circular cannot be applied retrospectively, more so to the detriment of a candidate who has already participated in the recruitment process on the basis of a circular which was existing on the date of commencement of the recruitment process.

22. It is also well established that a recruitment process commences with date of issuance of the Advertisement for recruitment. Applying the circular dated 28.01.2026 upon a recruitment process which has already commenced by issuance of the Advertisement on 20.11.2025 would tantamount to altering the rules of the game mid- way and that too, without any rationale, transparency or justification."

4. Learned counsel for the petitioner further submits that the

Co-ordinate Bench of this Court in SBCWP No.4504/2026 titled as

"Dr. Ishant Kumar Sahu & Ors. Vs. The State of Rajasthan &

Ors." vide order dated 19.03.2026, while dealing with similar set

of circumstances as obtaining in the present case and following

the ratio decidendi, expounded in case of Dr. Yash Vardhan

(supra), observed as under:-

"11. Considering the facts that the NEET - SS Exam and so also the declaration of the result of the said exam have taken place prior to the issuance of the circular dated 28.01.2026, it is more than established that the relevant and crucial events have taken place prior to the issuance of the said circular and thus, under no circumstances, the said circular can be applied upon the present petitioners. Hence, the petitioners would stand governed by the circular of the State Government dated 01.04.2025 which was in effect and operation on the date of the relevant and crucial events of the present case. Accordingly, the present petition deserves to be allowed and is allowed to the limited extent of governing the petitioners by the circular of the State Government dated 01.04.2025. Also, in view of the above findings, there is no occasion for this Court to deal with the validity of the circular dated 28.01.2026 in the present petition.

12. As the petitioners have been issued allotment letters by their respective Super Speciality Colleges in pursuance to the NEET SS score card and they are required to report and submit their original documents with their respective allotted Super Speciality Colleges, the Principals of the respective medical colleges of the respondent - State Government are directed to ensure that in terms of Clause 16 of the circular dated 01.04.2025, the original documents of the petitioners are sent directly by the respective medical colleges of the respondent - State Government to the petitioner's respective allotted Super Speciality Colleges.

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13. As the submission of the documents is required to be done by the petitioners with their respective allotted Super Speciality Colleges in a time bound manner, it would be in the fitness of things to issue the following directions as well:-

i. Considering the fact that the petitioners are required to report and join their respective allotted Super Speciality Medical Colleges as early as possible, let an e-mail attaching the scanned copy of the original documents of the petitioners be sent by the Principals of respective medical colleges of the State Government to the respective Super Speciality Medical Colleges of the petitioners immediately informing about the sending of the documents of the respective petitioners directly by the medical colleges of the State Government to the respective Super Speciality Medical Colleges; and

ii. It be also communicated that though the provisional allotment letter requires the petitioners to produce all the original documents at the time of reporting at the allotted Super Speciality Medical Colleges, however, in terms of the circular dated 01.04.2025 and the present order passed by this Court, it is the State Government who would ensure the delivery of the original documents of the petitioners to their respective allotted Super Speciality Medical Colleges; and

iii. As the medical colleges of the State are required to ensure delivery of the original documents of all the petitioners, in the eventuality of any such documents reaching the respective Super Speciality Medical Colleges beyond a particular date, it will not at all prejudice the allotment/admission of the respective petitioners in their respective Super Speciality Colleges

14. The petitioners are also directed to immediately furnish an undertaking along with their respective provisional allotment letters with the State Government to the effect that they would serve the State Government for the period as stipulated in the bond executed and submitted by them, after completion of their tenure of Super Speciality course at their respective allotted Super Speciality Medical Colleges.

15. The undertaking would also state that in the event they fail to serve the State Government, they would pay the amount as mentioned in the Bond to the State Government. As the petitioners have duly submitted their willingness to furnish the undertaking and even the learned counsel for the petitioners have made this submission at Bar, a copy of the undertaking so furnished by the petitioners also be filed before this Court, if not already filed, and be made part of the record so as to ensure that the condition stipulated in the undertaking are duly adhered to by the petitioners. The said undertaking be furnished before this Court within one week of furnishing the same to the State Government.

16. It is also clarified that the said directions for release of the documents are being issued in light of the peculiar facts, more particularly considering Clause 16 of the circular dated 01.04.2025.

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17. It is also clarified that in case, any of the petitioners fail to join their respective Super Speciality Medical Colleges, they would be mandatorily required to serve the State Government as per the Bond executed by them and the State Government will be within their rights to take all possible measures of procuring the documents back from the respective Super Speciality Medical Colleges.

18. With the aforesaid directions, the writ petition along with pending application(s), if any, stand disposed of. "

5. Learned counsel for the respondent-State is not in a position

to refute the fact that the issue involved herein is squarely

covered by order passed in the case of Dr. Ishant Kumar Sahu

(supra).

6. In view of the above, the instant writ petition is disposed of

in terms of the order dated 19.03.2026 passed in the case of Dr.

Ishant Kumar Sahu (supra).