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(Uploaded on 01/04/2026 at 05:54:24 PM)
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[2026:RJ-JD:14904] (2 of 7) [CW-5750/2026]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; andii. 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; andiii. 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).
7. Stay petition as well as all pending application, if any, also
stand disposed of.
(DR.NUPUR BHATI),J
69-/Devesh/-
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