[2025:RJ-JP:43871] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16485/2025 Dr. Shobhit Gupta S/o Tulsi Ram Gupta, Aged About 39 Years, R/o 192/19, Sector-19, Pratap Nagar, Sanganer, Jaipur, Rajasthan-302033 ----Petitioner Versus 1. Union Of India, Through The Secretary, Ministry Of Health And Family Welfare Through Its Secretary, Government Of India, Central Secretariat, New Delhi- 110011 2. The Executive Director, All India Institute Of Medical Sciences, Bilaspur, Himachal Pradesh- 174037 3. National Medical Commission, Through Its Secretary, Pocket - 14, Sector - 8, Phase-I, Dwarka, New Delhi- 110077 ----Respondents For Petitioner(s) : Ms. Purvi Mathur with Ms. Yaadvi Dhawan & Mr. Dilip Rathore For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/11/2025 1. This writ petition has been filed by the writ petitioner with following prayers: “i. Declare that the unlawful and arbitrary action of the Respondents in not considering the candidature of the Petitioner for the post of Assistant Professor (Neurology), subject to the merits, be declared bad and illegal in law; ii. Declare that the clause directing the cancellation of the candidature, on account of delay in receipt of the hard copy beyond the prescribed date, be quashed aside being arbitrary and illegal; iii. Declare that the entire impugned advertisement dated 27.08.2025 be declared illegal and bad in law, being arbitrary in nature; [2025:RJ-JP:43871] (2 of 3) [CW-16485/2025] iv. The Respondent No. 2 may kindly be directly to issue a revised eligibility notice, wherein the Petitioner may be categorized as "CONSIDERED", as having duly complied with all the procedural requirements; and v. Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the Petitioners.” 2. Learned counsel for petitioner while placing reliance upon order dated 09.04.2025 in S.B. Civil Writ Petition No. 4134/2025 Dr. Praul Sanwaria Vs. Rajasthan University of Health Sciences and order dated 08.10.2025 in S.B. Civil Writ Petition No. 15414/2025 Narendra Mahala Vs. State of Rajasthan & Ors. submits that pursuant to advertisement dated 27.08.2025 the petitioner has filed an online application form on google sheets before 5:00 pm on 22.09.2025. She further submitted that pursuant to directions, a hard copy of same form (google sheets) is dispatched by consignment no. ER303484592IN on 24.09.2025 but due to some logistical delay same is delivered to respondents on 01.10.2025. She also submits that as per the condition in advertisement the hard copy was required to be delivered upto 5:00 p.m. on 29.09.2025. She also submits that the this is a rolling advertisement. 3. Learned counsel further submits that there was no delay on part of the petitioner and the reason of delay in delivering is not attributable upon present petitioner, therefore, he has a reasonable and fair case to plead before this Hon’ble Court under Article226 of the Constitution of India to direct the respondents to consider his candidature for the purpose of interview scheduled from 02.11.2025. At last, she submitted that petitioner only came to know from Annexure-6 dated [2025:RJ-JP:43871] (3 of 3) [CW-16485/2025] 25.10.2025 about non-consideration of his application form as application form is received after due date in the institution of respondents, therefore, the petitioner may be given an opportunity to represent before the authorities to consider candidature of present petitioner. 4. Having considered the submissions of learned counsel for petitioner and also on perusal of material placed on record along with judgments as referred by her, I deem it appropriate to dispose of the writ petition with liberty to the petitioner to submit a representation today preferably before 5:00 p.m. to the respondent no.2, who will consider the representation and decide before commencement of interview, for the post of Assistant Professor (Neurology). 5. In case, the representation is dismissed a reasoned and speaking order be passed by respondent no.2 under intimation to the petitioner. 6. With aforesaid, the writ petition and misc. application, if any, stands disposed of. 7. The office is directed to send a copy of order to respondent no.2 by E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /360