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Rajasthan High Court - Jodhpur
Dr. Moksha Kanwar Sisodiya vs State Of Rajasthan (2026:Rj-Jd:16610) on 9 April, 2026
Author: Sudesh Bansal
Bench: Sudesh Bansal
[2026:RJ-JD:16610]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6361/2026
Dr. Moksha Kanwar Sisodiya D/o Aman Singh, Aged About 29
Years, Resident Of E-329-330, Rameshwar Nagar, Basni First
Phase, Jodhpur, Rajasthan.
----Petitioner
Versus
1. State of Rajasthan, Through Principal Secretary,
Department of Medical And Health Services, Govt. of
Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Joint Secretary, Medical Education Department,
Jaipur.
3. The Commissioner, Directorate of Medical Education,
Chikitsa Shiksha Bhawan, Near Pink Square Mall, Jaipur.
4. The Director (P.h.), Medical And Health Services, Govt. of
Rajasthan, Swasthaya Bhawan, C-Scheme, Ashok Nagar,
Jaipur.
5. The Principal And Controller, S.N.M.C. Jodhpur.
----Respondents
For Petitioner(s) : Mr. Siddharth Mewara
For Respondent(s) : Mr. Aman Gaur for
Mr. Milap Chopra
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
09/04/2026
1. In instant writ petition, petitioner has made a following
prayer:
"It is, therefore, most humbly and
respectfully prayed that record of the case
may kindly be called for and by an appropriate
writ, order or direction;
i. Issue a writ, order, or direction in the
nature of certiorari to quash and set aside the
condition imposed in Clause/Point No. 14 of
the Order dated 28.01.2026 (ANX-7) issued by
the Respondent Department, to the extent
that it mandates the submission of a Bank
Guarantee equivalent to the bond amount for
the release of original documents.
ii. Issue a writ, order, or direction in the nature
of mandamus directing the Respondents to
immediately release the original documents
(MBBS/MD/MS Degrees and Marksheets) of
the Petitioner to enable her to join their
respective Super Specialty.
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iii. That the Respondents may be directed to
accept a Personal Bond/Undertaking or an
extension of the existing Service Bond from
the Petitioners (undertaking to serve the State
for the residual period after completion of the
Super Specialty course) in lieu of the Bank
Guarantee.
iv. Grant such other reliefs as may be deemed
just, fit, and proper by the Hon'ble Court in
the interest of justice.
v. The writ petition of the petitioner may
kindly be allowed with costs."
2. On behalf of respondents, counsel has put in appearance.
3. It has inter alia been submitted that the issue involved in
this writ petition has already been adjudicated by the Coordinate
Bench after hearing the respondents vide order dated 19.03.2026
passed in S.B. Civil Writ Petition No.4504/2026 titled as 'Dr.
Ishant Kumar Sahu Vs. The State of Rajasthan & Ors.',
hence, the instant writ petition may also be disposed of in terms
of the order dated 19.03.2026. For ready reference, the relevant
portion of the order dated 19.03.2026 reads 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
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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.
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
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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.
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."
4. Counsel for respondents has no objection to dispose of the
instant writ petition in terms of the order dated 19.03.2026.
5. Accordingly, the present writ petition is disposed of in terms
of order dated 19.03.2026 (supra).
6. All pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J
RONAK JAIMAN/20
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