[2026:RJ-JP:335] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19281/2023 Sangita Choudhary D/o Harlal Choudhary, Aged About 37 Years, R/o Shaid Bhagat Singh Colony, Shiv Bari Road, Bikaner (Raj.) ----Petitioner Versus National Institute Of Ayurveda, Through Its Dean (Academic) Jorawar Singh Gate, Amer Road, Jaipur. ----Respondent For Petitioner(s) : Mr. Rishabh Khandelwal For Respondent(s) : Mr. Anurag Agarwal HON'BLE MR. JUSTICE ANUROOP SINGHI Order 07/01/2026 1. The present writ petition has been filed by the petitioner with the following prayers:- “It is, therefore, respectfully prayed that the writ petition be kindly allowed and this Hon’ble Court may be pleased to: (i) By an appropriate Writ, Order or Direction, the Respondent be directed to pay the stipend dues to the Petitioner for post graduate course (M.D./M.S.) in Ayurveda for the period 2019 to 2022. (ii) By an appropriate Writ, Order or Direction, set-aside the Order dated 13.11.2019, passed by the Respondent Institute. (iii) Any other appropriate writ, order or direction as may be deemed just and proper in the facts and circumstances of the case, be kindly passed in favour of the petitioner.” 2. Facts emanating from the record are that the petitioner successfully completed her Post-graduate Course, i.e. M.D./M.S. in Ayurveda for the session 2019-22 from the National Institute of [2026:RJ-JP:335] (2 of 5) [CW-19281/2023] Ayurveda (for short “the NIA”), consequent to which, the degree has been awarded to her. Thereafter, the respondent-University has issued the Transfer Certificate, Character Certificate and Conduct Certificate, and even the Provisional Certificate, certifying that the petitioner has passed her examination in October, 2022. The grievance which has compelled the petitioner to approach this Court is qua the non-payment of ‘stipend’ to the petitioner for the Post-graduate Course, i.e. M.D./M.S. in Ayurveda, for the session 2019-22 from the NIA. 3. Learned counsel for the petitioner Mr. Rishabh Khandelwal, submits that the petitioner has duly completed the Post- graduation course and has been awarded the degree and is duly entitled to receive the ‘stipend’, and the respondent has no occasion for non-payment of the same. Learned counsel further submits that the earlier writ petition filed by the petitioner, being S.B. Civil Writ Petition No.14160/2019 titled as Sangita Choudhary Vs. State of Rajasthan and others, has already been decided by this Court vide its order dated 29.08.2025, which reads as under:- “1. Heard on Application (I.A. No. 01/2023) with the consent of learned counsel for the parties, petition is being decided finally. 2. Learned counsel for the petitioner submits that pursuant to order dated 21.08.2019, the petitioner initially participated in the counseling process of MD/MS course as in service candidate after and allotment of seat, he has undergone the required studies at National Institute of Ayurveda, Jaipur and has already completed his course. Thereafter even degree of MD/ MS has also been awarded finally to the petitioner. He submits that in the light of [2026:RJ-JP:335] (3 of 5) [CW-19281/2023] subsequent facts, no more relief is required. However, the petitioner apprehends that the respondents may raise any objection with regard to conducting course without obtaining NOC. 3. Learned counsel appearing for the respondents have not disputed the fact that the petitioner has already completed MD/MS course and has already been awarded degree of the aforesaid course. 4. In view of above statements made by learned counsel, it would be in the interest of justice to dispose of the writ petition with the observation that the petitioner shall be entitled to take all the benefits out of his degree of MD/MS. 5. Accordingly, the writ petition stands dismissed as having become infructuous in view of above directions.” 4. Learned counsel has further referred to the prospectus issued by the NIA and submits that as per the clause of ‘stipend’, the petitioner being an in-service candidate, is duly entitled to receive the ‘stipend’ and thus, the writ petition deserves to be allowed. Learned counsel finally submits that vide order dated 13.11.2019, the NIA has communicated that the decision with respect to payment of the ‘stipend’ would be taken only after the final decision in S.B. Civil Writ Petition No.14160/2019, and now since the said writ petition has been decided, the respondent is bound to release the payment of ‘stipend’. 5. Per contra, learned counsel appearing for the respondent submits that for reasons best known to the petitioner, the respondent was not made a party in the earlier writ petition, being S.B. Civil Writ Petition No. 14160/2019, and thus, any order passed therein cannot bind the Institute. He further placed reliance upon the clause of “leaves” to submit that a contractual employee shall not be eligible for the in-service quota. The relevant note in the prospects reads as under:- [2026:RJ-JP:335] (4 of 5) [CW-19281/2023] “6. CGN and in-service Candidates: The students admitted on stipendiary and non-Stipendiary seats will also be governed by the above regulations concerning department and state government order. Attendance and leave statement of sponsored candidates (In-service & CGN) will be sent to their parent department and the ACR of study period will be filled by the concerned Head of the department in NIA. Note: The in-service candidate means the candidate must have possessed at least three years regular service in the concerned department. The contractual employees shall not be eligible for in-service quota” 6. Heard learned counsel for the parties and perused the material available on record. 7. It is undisputed that the petitioner has successfully completed her Post-graduate Course, i.e. M.D./M.S. in Ayurveda, for the session 2019-22 from the NIA and the Co-ordinate Bench of this Court while deciding the S.B. Civil Writ Petition No.14160/2019 has observed that petitioner is duly entitled to all the benefits arising out of the degree of Post-graduate Course. It is also not in dispute that the respondent-Institute was duly aware about the earlier writ petition and thus, once it itself has opted not to participate in the earlier writ petition, it cannot now be permitted to take that as a defence. Further, the clause qua ‘stipend’ in the prospectus of the NIA entitles the petitioner to receive the ‘stipend’ after submitting the certificate from the concerned department that she is not getting a stipend sponsored by the Government. The petitioner has already submitted the said certificate dated 19.11.2019 and thus, the said condition also stands duly complied with in accordance with the clause with [2026:RJ-JP:335] (5 of 5) [CW-19281/2023] respect to the ‘stipend’ in the prospectus. The relevant note under the ‘stipend’ reads as under:- “Note: In-service candidates shall be entitled for stipend only after submitting the certificate from the concerned government that they are not getting stipend/pay from that government or sponsoring agency. Without it, this Institute is not liable to pay any stipend.” 8. Thus, considering the overall facts and circumstances of the case, the writ petition deserves to be allowed and is, consequently allowed directing the respondents to pay the stipend to the petitioner for the Post-graduate course for the session 2019-22 within a period of four weeks from the date of receipt of the certified copy of this order. 9. Pending application(s), if any, stands disposed of. (ANUROOP SINGHI),J Sunita/42