[2025:RJ-JP:39461] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13243/2025 Dr. Sahil Jain S/o Shri Vinod Jain, Aged About 29 Years, R/o 55, Sangam Path, Pradhan Marg, Vidyut Abhiyanta Colony, Jaipur - 302017, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Secretary, Department Of Medical Education, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. The Commissioner, Department Of Medical Education, Govt. Of Rajasthan, Chikitsa Siksha Bhawan, Near Pink Square Mall, Govind Marg, Jaipur, Rajasthan. 3. The Principal, S.m.s. Medical College And Hospital, Jaipur, Rajasthan. ----Respondents Connected With S.B. Civil Writ Petition No. 13244/2025 1. Dr. Amal S S/o Shri Sasikumar K V, Aged About 32 Years, R/o T C 10/74 - 1 Karthika, Paippinmood, Peroorkada, Thiruvananthapuram, Kerala - 695005 Currently Residing In Bharatpur, Rajasthan. 2. Dr. Akanksha Arya D/o Shri Pooran Chand, Aged About 28 Years, R/o Village Gadli, P. O. Manka, District Alwar, Rajasthan. Pin - 301401 ----Petitioners Versus 1. State Of Rajasthan, Through Secretary, Department Of Medical Education, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. The Commissioner, Department Of Medical Education, Govt. Of Rajasthan, Chikitsa Siksha Bhawan, Near Pink Square Mall, Govind Marg, Jaipur, Rajasthan. 3. The Principal, S. P. Medical College, Bikaner, Rajasthan. 4. The Principal, R. N. T. Medical College, Udaipur, Rajasthan. 5. The Principal, Dr. S. N. Medical College, Jodhpur, [2025:RJ-JP:39461] (2 of 3) [CW-13243/2025] Rajasthan. 6. The Principal, S. J. P. Medical College, Bharatpur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Arvind Kumar Singh with Mr. Arun Chaudhary For Respondent(s) : Mr. B.S. Chhaba, AAG with Mr. Avinash Choudhary HON'BLE MR. JUSTICE SAMEER JAIN Judgment 24/09/2025 Learned counsel for the petitioners has relied upon judgment of Dr. Rohit Yadav vs. State of Rajasthan & ors. in S.B. Civil Writ Petition No.10255/2025, and has submitted that the petitioners are students of PG-2021 batch and want to pursue their SR-ship in AIIMS, New Delhi which is an institute of National Importance. It is submitted that on akin controversy as referred in above-said judgment, this Court has allowed the writ petition in favor of the petitioner therein, therefore, the akin decision be passed qua the petitioners herein. Per contra, learned AAG, Mr. B.S. Chhaba has stoutly refuted the contentions of the learned counsel for the petitioners and has submitted that as per the guidelines which are issued qua the institute of National Importance i.e., PGI and AIIMS, fellow-ship and super-specialty program is permissible and not senior residency program, which judgment of Rohit Yadav (Supra) has not considered in totality. [2025:RJ-JP:39461] (3 of 3) [CW-13243/2025] It is further submitted that there will be no relevancy if the senior residency is pursued in AIIMS, thereafter petitioners will pursue senior residency again in the State Institute. It is also submitted that the judgment relied upon by the learned counsel for the petitioners is under process of challenge before the Division Bench. This Court, in the facts and circumstances of the present matters, is of the view that the judgment of Dr. Rohit Yadav (Supra) is fully applicable in the instant matters, petitioners want to pursue senior residency in Institute of National Importance i.e. AIIMS, New Delhi. Further, petitioners have undertaken that thereafter they will either carry out senior residency or pay the due amount, executed in bond. The contentions of the respondents are not tenable as guidelines which are issued are not having any statutory force, even otherwise the relaxation is granted to fellow-ship/ super-specialty program. Moreover, if the undertaking is given, why not the benefit be given to the petitioners in akin matters. Taking note of the aforementioned, the relief asked by the petitioners in the petitions to pursue/carry out senior residency in AIIMS, stands allowed subject to condition that the petitioners will have to render service qua senior residency after the completion of the Course or otherwise, execute the condition of the Bond. In light of the above, the present petitions are allowed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DEEPAK/s-182-183