[2026:RJ-JP:38218] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17513/2026 CNR: RJHC010750922026 | URN: CW / 30470U / 2026 Dr. Shweta Godara D/o Sunil, Aged About 29 Years, R/o Ward No. 6 In Front Of Samudayak Bhavan Road Suratgarh Dist. Ganganagar Raj. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Dept. Of Medical And Health Services Govt. Of Raj. Secretariat Jaipur Raj. 2. The Joint Secretary, Medical Education Group-1 Jaipur 3. The Director (P.h.), Medical And Health Services Govt. Of Raj. Swasthaya Bhawan S-Scheme Ashok Nagar Jaipur 4. The Principal, Govt. Medical College Kota 5. Registrar, All India Institute Of Medical Sciences Academic Section-Ii Delhi ----Respondents For Petitioner(s) : Mr. Siddharth Mewara For Respondent(s) : Dr. Milap Chopra HON'BLE DR. JUSTICE NUPUR BHATI Order 10/08/2026 1. This writ petition has been filed by the petitioner with the following prayers:- “i. Issue a writ, order, or direction in the nature of Certiorari quashing and setting aside the impugned condition, specifically Point No. 15, contained in the order dated 28.01.2026 (Annexure-3) passed by the Respondent Department, which arbitrarily mandates the furnishing of a Bank Guarantee of ₹25,00,000/- documents/certificates of the petitioner that were deposited at the time of her admission to the M.S. (General Surgery) course. [2026:RJ-JP:38218] (2 of 5) [CW-17513/2026] ii. That the Respondents may be directed to accept a Personal Bond/Undertaking or an extension of the existing Service Bond from the in lieu of the Bank Guarantee. iii. Grant such other reliefs as may be deemed just, fit, and proper by the Hon'ble Court in the interest of justice. iv. The writ petition of the petitioner may kindly be allowed with costs.” 2. Briefly stated, the facts of the case are that the petitioner, a qualified medical professional holding an MBBS degree and an M.S. in General Surgery, was provisionally allotted and admitted to the M.S. (General Surgery) course at Government Medical College, Kota, for the 2022 academic session based on her merit in the NEET-PG 2022 examination (Annex.1). At the time of admission, the petitioner was required to submit all her original academic and professional documents as a mandatory precondition, as well as execute a service bond committing to serve the State Government for a prescribed period or pay a penalty in default. The petitioner completed her course in September 2025; however, the respondent department subsequently passed an order dated 28.01.2026 (Annex.3), specifically under Point No. 15, requiring candidates selected for Senior Resident posts at Institutes of National Importance (such as AIIMS) to furnish a bank guarantee of ₹25,00,000/- for the release of their original documents. Following widespread student protests, a meeting was held on 25.03.2026 (Annex.4) with doctor union representatives, wherein Point No. 2 explicitly relaxed this condition, substituting the bank guarantee requirement with a simple undertaking. Relying on this assurance, the petitioner applied for the Senior Resident/Senior Demonstrator Common Eligibility Test (SRD-CET 2026) advertised [2026:RJ-JP:38218] (3 of 5) [CW-17513/2026] by AIIMS, New Delhi (Annex.5), was issued an admit card bearing Roll No. 5810144 (Annex.6), and was ultimately selected at Rank No. 6 in the Unreserved Category vide result dated 09.07.2026 (Annex.7). AIIMS, New Delhi, issued an offer of appointment (Annex.8) directing the petitioner to report with her original documents on or before 10.08.2026, failing which her appointment would be canceled. Despite repeated requests and the decision recorded in the minutes of the meeting dated 25.03.2026 (Annex.4), the respondent authorities at Government Medical College, Kota, have refused to release her original documents, arbitrarily insisting on compliance with the order dated 28.01.2026 (Annex.3) and effectively changing the rules of the game midway, thus forcing the petitioner to prefer the present writ petition. 3. Learned counsel for the petitioner submits that upon being declared successful in the NEET-PG 2022 examination, the petitioner was offered admission to Government Medical College, Kota, during the counselling process, and was required to submit her original academic and professional documents. He submits that, as per the bond executed between the petitioner and the State of Rajasthan, the petitioner is bound to serve the State Government for the prescribed period upon completion of the course, however, in the meantime, the petitioner has been offered appointment as Senior Resident in the Department of Surgery at AIIMS, New Delhi. Vide memorandum dated 23.07.2026, the petitioner was required to join the said post on or before 10.08.2026, however, the respondents are not releasing [2026:RJ-JP:38218] (4 of 5) [CW-17513/2026] the petitioner's original documents, on account of which she is unable to join the post of Senior Resident at AIIMS, New Delhi. Learned counsel for the petitioner submits that, upon completion of her tenure as Senior Resident at AIIMS, New Delhi, the petitioner would fulfill the mandatory conditions and would serve the respondent-State as per the bond executed between her and the respondent-State. 4. Learned counsel for the respondent-State submits that, in view of the bond executed between the petitioner and the respondent-State, the petitioner is liable to serve the State of Rajasthan for a period of two years, therefore, the respondents have rightly withheld the original documents of the petitioner. Learned counsel for the respondent-State further submits that, although the petitioner is giving an undertaking to comply with the terms of the bond, in the event of her failure to fulfill the undertaking in accordance with the bond/agreement, she shall be liable to pay a sum of Rs. 25 lakhs, without prejudice to any other rights and remedies available to the Government under law. 5. Heard learned counsel for the parties. 6. The petitioner has been offered a seat for pursuing the course of Senior Residency at AIIMS, New Delhi. Keeping in view the future career prospects of the petitioner, she cannot be denied the opportunity to accept and pursue the said course. However, this Court is also conscious of the fact that the petitioner has executed a bond with the respondent-State, undertaking to serve the State of Rajasthan for a period of two years, thus, as the petitioner is ready and willing to furnish an undertaking to the [2026:RJ-JP:38218] (5 of 5) [CW-17513/2026] respondents to abide by the terms of the said bond, this Court deems it appropriate to direct the respondents to release the original documents of the petitioner forthwith, subject to the petitioner furnishing an undertaking before the respondents that, upon completion of her tenure as Senior Resident at AIIMS, New Delhi, she shall serve the State of Rajasthan in accordance with the terms and conditions of the bond/undertaking executed by her. 7. However, as the last date for joining the said course was 10.08.2026, respondent No. 5 is directed to permit the petitioner to extend the joining period by a further period of seven days from today and allow her to join the Senior Residency course at AIIMS, New Delhi, in case her candidature has not already been rejected by AIIMS, New Delhi. Needless to observe that in the event of petitioner's failure to fulfill the undertaking furnished by her, the respondent-State shall be at liberty to execute the conditions laid therein in the bond. 8. With the aforesaid directions, the writ petition stands disposed of. Pending application(s), if any, also stand disposed of. (DR.NUPUR BHATI),J 57/Surbhi Sharma