JUDGMENT

REPORTABLE

1. These writ petitions since involve common issues, as such, with the consent of learned counsel for the parties, the same are decided by this common order.

2. The petitioners in all the writ petitions after their admission in the year 2019-20 have completed their Post Graduate Medical Degree from different medical Colleges in the State of Rajasthan, they felt aggrieved against the order dated 12.07.2022 and notification dated 04.08.2022.

3. The facts of S.B. Civil Writ Petition No.12611/2022 are taken as a lead case and this Court deems it proper to quote the prayer made in the said writ petition, as follows:-

(i) The impugned order dated 12.07.2022 and impugned notification dated 04.08.2022, may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside;

(ii) By issuing appropriate writ or direction in the nature thereof the respondents may kindly be directed:-

(a) To release documents of the petitioners,

(b) Not to invoke the condition No.2 making security deposit of Rs.25 Lakhs, In the alternative;

(c) To provide all vacancies of Senior Residents in Govt. and RAJMES Colleges for allocation afresh for PG candidates in pursuance to Policy dated 12.07.2022;

(d) To appoint Post Graduates against such posts for which the qualification is Post Graduation Degree/Diploma;

(e) To adhere to the mandate of Applicable Laws;

4. The petitioners have pleaded that they were granted admission in Post Graduate Medical Course in different subjects under the All India and State Level quota in the Session 2019- 2020 at different Medical Colleges. The petitioners passed out their Post Graduate Degree Course in May, June & July, 2022.

5. The petitioners have pleaded that at the time of giving admission to them, they were required to execute a service bond/undertaking in favour of the State Government to the effect that after completion of course, they would be bound to serve the Government for a minimum period of five years, if Government desired and on such failure, they were liable to deposit a penalty of Rs.25 Lakhs.

6. The petitioners have pleaded that initially S.B. Civil Writ Petition No.11531/2022 was filed before this Court, wherein the petitioners were selected for Senior Residentship in the institutes of National importance like AIIMS/PGI/JIPMER and their documents were not released by the State Government and this Court vide interim order dated 04.08.2022, directed the State Government to release the documents subject to undertaking/bond to be furnished by the petitioners to join the employment, if offered by the State Government. The State Authorities were directed to release the documents of the petitioners on furnishing such undertaking.

7. The petitioners have pleaded that like the petitioner- Dr.Krishnapriya S. Kumar and Ors. v. The State of Rajasthan in S.B. Civil Writ Petition No.11531/2022, some of the other similarly situated candidates applied for the Senior Residentship programme, however, they were not considered and as such, details of such 9 candidates have been furnished, who appeared for the Senior Residentship but were not selected.

8. The petitioners have pleaded that after interim order was passed by this Court in S.B. Civil Writ Petition No.11531/2022, the State Government on 04.08.2022 issued notification, asking all such candidates, who were admitted in the Academic Year 2019 in the course of DM/M.Ch/MD/MS and passed out in the Academic Session 2022, to apply online for the post of Assistant Professor/Senior Demonstrator/ Senior Resident/Medical Officer/Junior Specialist/Junior Resident, on urgent temporary basis/tenure basis.

9. The petitioners have pleaded in the writ petition that the order dated 12.07.2022, was made applicable upon those candidates who were pursuing their Post Graduate Course or Super Speciality Course i.e. from Academic Session 2022-23, however, the respondents also made the said order applicable from the Session 2019-20 by applying it retrospectivel