DR. SAURAV SANGWAN S/O RAJBIR SINGH v. THE STATE OF RAJASTHAN
CW/2575/2026 · 2026-03-19
Anuroop Singhi
body2026
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[ 2026 DAILYLAW 5232 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 5232 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:11874] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2575/2026
1. Dr. Saurav Sangwan S/o Rajbir Singh, Aged About 27 Years, P/o Village Kheri Bura, Post Office Kheri Bura, Tehsil Charkhi Dadri, Bhiwani, Haryana-127306 R/o Currently Present In Jaipur Rajasthan. 2. Dr Anubhuti Sharma D/o Dinesh Kumar Sharma, Aged About 31 Years, P/o B-57, Jagdamba, Shiv Marg, Naya Khera, Ambabari, Vidhyadhar Nagar, Jaipur - 302023 Rajasthanr/o Currently Present In Jaipur Rajasthan. 3. Dr Ishita Singhal D/o Mahesh Chand Singhal, Aged About 27 Years, P/o 82 Arjun Nagar Dugapura, Jaipur Rajasthan-302018 R/o Currently Present In Jaipur Rajasthan. 4. Dr. Gaurav Khosla S/o Deepak Khosla, Aged About 28 Years, P/o 133A Block No A-3 Paschim Vihar West Delhi, Delhi -110063 R/o Currently Present In Jaipur Rajasthan
5. Dr. Bhupesh Kumar Meena S/o Kishan Lal Meena, Aged About 28 Years, P/o Wajirpura Kala Tonk, Rajasthan- 304001 R/o Currently Present In Jaipur Rajasthan
6. Dr. Arun S/o Vijay, Aged About 26 Years, P/o 193 Ward 6 Maham, Mehem, Rohtak Haryana-124112 R/o Currently Present In Jaipur Rajasthan
7. Dr. Sarthak Jindal S/o Swaraj Jindal, Aged About 28 Years, P/o House No 7 Jhansa Road, Shanti Puram, Thanesar Kurukshetra Haryana-136118 R/o Currently Present In Jaipur Rajasthan
8. Dr Archana Mk D/o Mohanadas K, Aged About 30 Years, P/o Manipettakunnu Poothrakkovu, Porur, Nilambur, Malappuram Kerala-679339 R/o Currently Present In Jaipur Rajasthan
9. Dr. Samrudh T Devaragudi S/o T S Devaragudi, Aged About 28 Years, P/o No 15/3, 2Nd Floor 3Rd Cross, Maruthi
Mansion
Apartment
Sanjeevininagar, Moodavalapalaya, Nagarbhavi, Bengaluru Karnataka- 560072 R/o Currently Present In Jaipur Rajasthan
10. Dr. Madhusudan Tiwari S/o Chandra Prakash Tiwari, Aged About 30 Years, P/o Hanumat Kripa Maruti Colony, Ditrict
[2026:RJ-JP:11874] (2 of 15) [CW-2575/2026] Dausa, Rajasthan 303303 R/o Currently Present In Jaipur Rajasthan. 11. Dr. Nishant Mangla S/o Ramesh Chand Mangla, Aged About 28 Years, P/o House No. F C A - 60, Mahavir Colony, Ballabgarh, Faridabad, Haryana 121004 R/o Currently Present In Jaipur Rajasthan. 12. Dr. Mridula Sharma W/o Manoj Kumar Jain, Aged About 30 Years, P/o Paras Mohar Bhawan, Near Akhilesh Ji Advocate, Amit Colony, Talera, District Bund, Rajasthan 323021 R/o Currently Present In Jaipur Rajasthan. 13. Dr. Pulivarthi Prathibha C/o Asam Raghu, Aged About 31 Years, P/o 7-92, Dhobi Gally, Dubbak, District Siddipet, Telangana 502108R/o Currently Present In Jaipur Rajasthan. 14. Dr.
Sandeep Seru S/o Sanjeev Seru, Aged About 32 Years, P/o H No. 1 Lane 5, Hazuri Bagh, Near Tube Well, Bohri, Jammu City, Talab Tillo, District Jammu, Jammu And Kashmir 180002R/o Currently Present In Jaipur Rajasthan. 15. Dr. Thappeta Divya Teja D/o Thappeta Pullanna, Aged About 30 Years, P/o 10/122A Peddapasupula Peddamudium Mandalam Peddapasupula, Peddamudium, Cuddapah, Andhra Pradesh 516411R/o Currently Present In Jaipur Rajasthan. 16. Dr. Minal Jain C/o Manoj Kumar Jain, Aged About 30 Years, P/o 162, Ward No. 05, Mahatama Gandhi Marg, Pipliyamandi, Tehsil, Malhargarh, Akya Palra, Mandsaur, Madhya Pradesh 458664R/o Currently Present In Jaipur Rajasthan. 17. Dr. Swati Sagar C/o Mahendra Prakash, Aged About 30 Years, P/o House No. 96/block-A, Street No.6, Near New Ashok Nagar Metro Station, New Ashok Nagar, Vasundhra Enclave, East Delhi, Delhi 110096R/o Currently Present In Jaipur Rajasthan. 18. Dr Akash Sehgal S/o Kulwant Rai, Aged About 28 Years, P/o 464, Gali No. 4, Ward Number 13, Vishal Colony, Patti, Tarn Taran, Punjab-143416R/o Currently Present In Jaipur Rajasthan. 19. Dr Piyush Gupta S/o Govind Prasad Gupta, Aged About 28
[2026:RJ-JP:11874] (3 of 15) [CW-2575/2026] Years, P/o 6, Satyawati Vihar Colony, Gulab Bag, Karauli, Rajasthan-322241R/o Currently Present In Jaipur Rajasthan. 20. Dr Vishal Saini, S/o Surender Singh, Aged About 28 Years, P/o 387, Subhashnagar, Pipla Ki Dhani, Nuniawal (161), Po Barkoda, Mahendragarh, Haryana-123001 R/o Currently Present In Jaipur Rajasthan. 21. Dr Bhavesh Khandal S/o Satish Khandal, Aged About 28 Years, P/o 14, Segwa Housing Board, Sector N 4 Tilak Nagar, Chittorgarh, Rajasthan-312001 R/o Currently Present In Jaipur Rajasthan. 22. Dr Jaskaran Marjara S/o Gurmeet Siingh Marjara, Aged About 30 Years, P/o Flat No. 3054, Sbi Society, Sector- 49D, Chandigarh, Chandigarh-160047 R/o Currently Present In Jaipur Rajasthan. 23. Dr Umesh Kumar Pugalia S S/o Chhatarmall P, Aged About 29 Years, 3-4-467/1, Flat No. 501, Legend Apts, Barkatpura,
Himayathnagar,
Hyderabad,
Station Kachiguda, Telangana-500027 R/o Currently Present In Jaipur Rajasthan. 24.
Dr Mukesh Sidana S/o Vijay Kumar Sidana, Aged About 27 Years, P/o House No. 33, Kiryana Bhawan Roard, Ward No. 21, Hanumangarh Town, Hanumangarh, Rajasthan 335513 R/o Currently Present In Jaipur Rajasthan. 25. Dr Bhavya Bharti D/o Abadh Kishor Sharma, Qua No. A- 49/10, Vrindhya Colony, Nowrozabad, Pinaura, Umana, Madhya Pradesh-484555 R/o Currently Present In Jaipur Rajasthan. 26. Dr Shivani Goswami D/o Ajay Goswami, Aged About 28 Years, P/o 239 Ward No. 13, Lahar Road, Mihona, Bhind, Chandokh, Madhya Pradesh-477441 R/o Currently Present In Jaipur Rajasthan. 27. Dr Jain Prashant Abhay S/o Abhay Singh Jain, Aged About 28 Years, P/o Jain Enterprises, Mangalwar Choraha, Mangalwar Dungla, Chittorgarh, Rajastahn-312024 R/o Currently Present In Jaipur Rajasthan. 28. Dr. R Kumkum Agarwal D/o Mahesh Kumar Agarwal, Aged About 28 Years, P/o 4-D-13, Mahaveer Nagar Vistar, Yojna, Near Subhash Circle, Dadabadi, Kota-324009 R/o
[2026:RJ-JP:11874] (4 of 15) [CW-2575/2026] Currently Present In Jaipur Rajasthan. 29. Dr. Bhag Chand Bardwal S/o Ram Kumar Choudhary, Aged About 30 Years, P/o Jato Ki Dhani, Manpur Gate Th. Phagi, Manpur Gate, Jaipur, Rajasthan-303904 R/o Currently Present In Jaipur Rajasthan. 30. Dr. Prashant Agarwal S/o Bankey Behari Agarwal, Aged About 29 Years, P/o House No. 40 M.i.g. Shamshabad Road, Nehru Enclave, Pratap Pura, Agra, Uttar Pradesh- 282001 R/o Currently Present In Jaipur Rajasthan. 31. Dr. Jai Rathore S/o Hemant Rathore, Aged About 27 Years, P/o Ward No. 13, Near Panjab National Bank, Hospital Road, Baran, Rajasthan-325205 R/o Currently Present In Jaipur Rajasthan. 32. Dr. Gaurav Kumar S/o Bijendra Singh, Aged About 28 Years, P/o House No. A-1/375, Gali Number- 19, South Hamri, Gadhi Mendu, North East Delhi, Delhi-110053 R/o Currently Present In Jaipur Rajasthan. 33. Dr Smruthi Valsalan D/o C Valsalan, Aged About 31 Years, P/o House No 46/1825A Boat Jetty Road, Vaduthala Ernakulam Kerala-682023R/o Currently Present In Jaipur Rajasthan. 34. Dr Rajkishor Sharma S/o Om Prakash, Aged About 30 Years, P/o Ward No.3, Vikash X-Ray Lab, Panchayatsamiti Road, Ratangarh, Churu, Rajasthan-331022R/o Currently Present In Jaipur Rajasthan. 35. Dr.
Ayush Vyas S/o Umesh Sharma, Aged About 28 Years, P/o Ward No.3, Bad Bagichi, Gudha Road, Bandikui Jageer (Rural), Dausa, Bandikui, Rajasthan-303313R/o Currently Present In Jaipur Rajasthan. 36. Dr Shubham Khatri S/o Ashok Khatri, Aged About 28 Years, P/o Gandhi Colony, Ward No.9, Baran, Baran Mdg, Rajasthan-325205 R/o Currently Present In Jaipur Rajasthan. 37. Dr Anuj Kedawat S/o Dr Kamlesh Kedawat, Aged About 28 Years, P/o House No. M.p.a. 18, Mahaveer Nagar Iind, Kota, Rajasthan-324005R/o Currently Present In Jaipur Rajasthan. 38. Dr Abhinav Jain S/o Sushil Kumar Jain, Aged About 27 Years, P/o 738 Arya Nagar (Shastri Nagar) Rohtak,
[2026:RJ-JP:11874] (5 of 15) [CW-2575/2026] Haryana-124001R/o Currently Present In Jaipur Rajasthan. 39. Dr Vanshaj Jain S/o Pramod Jain, Aged About 27 Years, P/o House No. 260, Sector 69, Mansarovar Jaipur, Rajasthan-302020R/o Currently Present In Jaipur Rajasthan. 40. Dr Vandana Sharma D/o Naval Kishor Sharma, Aged About 28 Years, P/o 241 Vhl, Vivekanand Nagar, Anandpura @ Phoota Talab, Kota, Rajasthan-324005 R/o Currently Present In Jaipur Rajasthan. 41. Dr Agam Singh Bhatia S/o Harjeet Singh Bhatia, Aged About 27 Years, P/o 144/1, Shastri Nagar, Kanpur, Uttar Pradesh-208005 R/o Currently Present In Jaipur Rajasthan. 42. Dr Ojaswi Mittal D/o Manoj Mittal, Aged About 27 Years, P/o House No.- 18, Pocket-4, Sector- 23, Rohini, North West Delhi, Delhi-110085 R/o Currently Present In Jaipur Rajasthan. 43. Dr Premal Panchal S/o Hasmukhlal Panchal, Aged About 28 Years, P/o N-102 Pramukh Vihar Phase-V, Ultan Faila Road, Near Sub Jail, Silvassa, Dara And Nagar Haveli- 396230R/o Currently Present In Jaipur Rajasthan. 44. Dr Prince Mishra S/o Ramesh Chandra Sharma, Aged About 28 Years, P/o 45, Near Lal Kothi, Dausa, Gupteshwar Road, Dausa (Rural), Dausa, Rajasthan- 303303 R/o Currently Present In Jaipur Rajasthan
45. Dr Sanchita Jain D/o Anil Kumar Jain, Aged About 28 Years, P/oc-14, Maharao Bhim Singh Bagar, Arjunpura, Kota, Rajasthan-324002 R/o Currently Present In Jaipur Rajasthan. 46. Dr Ghan Shyam S/o Hari Prasad, Aged About 27 Years, P/o Borind Khurd, Nagaur, Dugastau, Rajasthan-341023 R/o Currently Present In Jaipur Rajasthan. 47.
Dr Keshav Agarwal, S/o Vishnu Dutt Agarwal, Aged About 27 Years, P/o 573, Mukharji Nagar, Bharatpur, Rajasthan- 321001 R/o Currently Present In Jaipur Rajasthan. 48. Dr Shubham Sharma, S/o Prabhu Dayal Sharma, Aged About 30 Years, P/o 30 Bhagirath Nagar, Arjun Nagar, Durgapura, Jaipur, Rajasthan-302018 R/o Currently
[2026:RJ-JP:11874] (6 of 15) [CW-2575/2026] Present In Jaipur Rajasthan. ----Petitioners Versus
1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health Services, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan. 2. Joint Secretary, Medical Education (Group-1) Department, A11, Govind Marg, Saket Colony, Sethi Colony, Jaipur, Rajasthan 302004
3. The Director/ Additional Director (P.h.), Medical And Health Services, Govt. Of Rajasthan, Swasthaya Bhawan, C-Scheme, Ashok Nagar, Jaipur, 302007 (Raj.). 4. Office Of Chairman Dm/m.ch/md/ms Candidates Allotments Board-2025, Sms Medical College Jln Marg Jaipur 302004
5. The Principal, S.m.s Medical College, Jln Marg, Gangawal Park, Adarsh Nagar, Jaipur, Rajasthan - 302004
6. The Principal, R.n.t. Medical College, Court Chowk, Citys Prime Health Care Area, Udaipur, Rajasthan 313004
7. The Principal, Jhalawar Medical College, Kota Rd, Gayatri Nagar, Jhalawar, Rajasthan 326001
8. The Principal, Dr. Sn. Medical College, Residency Rd, Sector-D, Shastri Nagar, Jodhpur, Rajasthan 342003
9. The Principal, S.p. Medical College, 284H-8Vg, Sp Medical College Rd, Pbm Hospital, Sardar Patel Colony, Bikaner, Rajasthan 334003
10. The Principal Government Medical College, Rangbari Rd, Sector - A, Rangbari, Kota, Rajasthan 324005
11. The Principal Jln Medical College, Kala Bagh, Ajmer, Rajasthan 305001
12. National Medical Commission, Through Its Secretary, Pocket - 14, Sector - 8, Phase-I, Dwarka, New Delhi-110 077 ----Respondents
[2026:RJ-JP:11874] (7 of 15) [CW-2575/2026] For Petitioner(s) : Ms. Purvi Mathur Mr. Kushagra Sharma Mr. Sharad Dadhich Mr. Dilip Rathore Mr. Raj Singh Rathore Mr. Shubham Sharma For Respondent(s) : Mr. Vigyan Shah, AAG with Ms. Tanvisha Pant Mr. Archit Bohra, AGC Mr. Angad Mirdha HON'BLE MR. JUSTICE ANUROOP SINGHI
Order 19/03/2026
1. The present writ petition has been filed by the petitioners with the following prayers :-
“In these circumstances, it is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to accept this writ petition and pass appropriate directions and:
1. Quash or set aside the impugned order dated 28.01.2026
(F.7
(54)
(393)
(1)/SR Allotment/Dme/Acad/2025/-08146) issued by the Respondent no. 2 insofar as it applies retrospectively to the Petitioners or imposes additional financial and procedural obligations not envisaged at the time of their admission; II. Issue a writ of Mandamus, Certiorari, order or direction declaring that the impugned order dated 28.01.2026 issued by Respondent no. 2, to the extent it imposes the requirement of furnishing a bank guarantee equivalent to the service bond amount as a pre-condition for admission to NEET-SS and INI-SS Courses, is illegal, arbitrary, unconstitutional, and without lawful authority; III. Declare that the Petitioners are entitled to pursue Super-Speciality Courses, Fellowships, and Senior Residency appointments without being compelled to furnish a bank guarantee, and that their original documents shall not be withheld on account of any retrospective or belated condition;
[2026:RJ-JP:11874] (8 of 15) [CW-2575/2026] IV. Direct the Respondents to release the original academics documents of the petitioners to pursue Super- Speciality Courses, Fellowships, and Senior Residency appointments. V. Any other order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the case may also be passed in favour of the Petitioners.”
2.
Learned counsel for the petitioners, at the very outset have relied upon orders passed by this Court in S.B. Civil Writ Petition No.18011/2025 titled as Dr. Harshpreet Kour Vs. State of Rajasthan and Others dated 10.02.2026 and S.B. Civil Writ Petition No.19839/2025 titled as Dr. Yash Vardhan Vs. State of Rajasthan and Others dated 16.02.2026.
3.
Learned counsel for the petitioners submit that all the petitioners herein have cleared their NEET – Super Speciality Examination, 2025 (NEET – SS Exam), the result of which was declared on 23.01.2026 and all the crucial and relevant events have also taken place prior to the issuance of the circular dated 28.01.2026 by the State and thus, the petitioners be governed by the circular dated 01.04.2025 and not 28.01.2026.
4.
Learned counsel for the petitioners further submit that as per the Information Bulletin of NEET – SS Exam, the time period for submission of application form was from 05.11.2025 to 25.11.2025, in pursuance to which the petitioners submitted their respective application forms and thereafter the admit cards were also issued to the petitioners and finally, the examination was conducted on 26.12.2025 and 27.12.2025. Even the result of the NEET – SS Exam was declared on 23.01.2026 and thus, the petitioners cannot be governed by the circular dated 28.01.2026.
[2026:RJ-JP:11874] (9 of 15) [CW-2575/2026]
5.
Learned counsel for the petitioners further submit that Clause 16 of the circular dated 01.04.2025 reads as under:- ^^16- lacaf/kr vH;fFkZ;ksa ds ewy nLrkost mijksä 02 o"kZ dh jktdh; lsok vof/k iw.kZ djus ds mijkar lacaf/kr fpfdRlk egkfo|ky; }kjk fjfyt fd;s tk;saxsA bl gsrq muds }kjk iznku dh xbZ jktdh; lsok ds ckjs esa izek.k&i= lacaf/kr iz/kkukpk;Z ,oa fu;a=d }kjk tkjh fd;s tk;saxsA mijksä izek.k i= ds vk/kkj ij 02 o"kZ dh jktdh; lsok dk lR;kiu fd;k tkdj lacaf/kr fpfdRlk egkfo|ky; }kjk muds ewy nLrkost vH;kFkhZ dks ykSVk fn;s tk;saxsA ;fn vH;FkhZ lqij Lisf'k;fyVh dkslZ
@ Fellowship
esa p;fur gksrk gS ,oa mls bu f'k{k.k laLFkkuksa esa ewy nLrkost dh vko';drk gksrh gS rks lacaf/kr laLFkku lh/ks gh ewy nLrkost lacaf/kr fpfdRlk egkfo|ky; dks fHktok;sxk] tgka ij vH;FkhZ }kjk lqij Lisf'k;fyVh dkslZ@
Fellowship
gsrq
izos'k fy;k tk jgk gSA
* *
6. Thus, it is prayed that considering the fact that all the relevant and crucial events have taken place prior to the issuance of the circular dated 28.01.2026, the petitioners cannot be governed by the said circular and the respondents be directed to handover petitioner’s original documents to them in terms of the circular dated 01.04.2025, and accordingly, the writ petition be allowed. 7. Mr. Vigyan Shah, learned AAG with Mr. Archit Bohra, learned counsel for the respondents could not dispute the factum of the above mentioned relevant events taking place prior to the issuance of the circular dated 28.01.2026 and also the factum of the various orders passed by this Court from time to time. 8. However, it has been specifically submitted that the circular dated 01.04.2025 has to be applied on the petitioners in entirety and Clause 16 of the said circular unequivocally provides that in case the Super Speciality Colleges in which the petitioners are
[2026:RJ-JP:11874] (10 of 15) [CW-2575/2026] selected for their Super Speciality Course (SS – Course) requires the petitioners to submit their original documents, then the respondents would send the original documents of the petitioners to their respective Super Speciality Colleges directly. 9. Heard, learned counsel for the parties and perused the record. 10. This Court in the case of Dr. Yash Vardhan (supra) while dealing with similar set of circumstances has held 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. यदद कोई छात दकसी Institute of National Importance (AIIMS, PGI, JIPMER) मे Fellowship
के दलए चयदनत होता है
तो उसे भी Fellowships
उपरान 2
वरर की राज मे राजकीय सेवा देने
की शतर पर ही अनुमदत दी जायेगी।" And, Clause 15 of the circular dated 28.01.2026 reads as under:-
“15. यदद कोई अभरर सातकोतर अरवा सुपर सेदशयदलटी पाठकम
पूरर करने के उपरांत दकसी '
इंसीटूट ऑफ नेशनल इमॉटस' (Any AIIMS/ PGI Chandigarh, JIPMER)
तरा अन '
इंसीटूट ऑफ
नेशनल इमॉटस' संसान)
मे सीदनयर रेजीडेनी हेतु चयदनत होता है, तो
उसे राज सरकार /
संसान दारा बांड रादश के समतुल बैक गारंटी जमा
” कराने पर अनुमदत दी जा सके गी। 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
[2026:RJ-JP:11874] (11 of 15) [CW-2575/2026] 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
[2026:RJ-JP:11874] (12 of 15) [CW-2575/2026] interview was held on 20.01.2026, this Court has no hesitation 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.”
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
[2026:RJ-JP:11874] (13 of 15) [CW-2575/2026] 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. 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; and ii.
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
[2026:RJ-JP:11874] (14 of 15) [CW-2575/2026] delivery of the original documents of the petitioners to their respective allotted Super Speciality Medical Colleges; and iii. 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 petitioner 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 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. [2026:RJ-JP:11874] (15 of 15) [CW-2575/2026] 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. 16.
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 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. 17. With the aforesaid directions, the writ petition along with pending application(s), if any, stand disposed of. (ANUROOP SINGHI),J DIKSHA MISHRA /96