[2026:RJ-JP:6037]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 303/2025 IN S.B. Civil Writ Petition No.6419/2025 Dr. Amit Kumar S/o Baburao, Aged About 29 Years, R/o 24/145, Near Back Side Dental College Teachers Colony, Homnabad, Bidar, Karnataka - 585330.current R/o A54, Rd Hostel, Sms Medical College, Jaipur, Rajasthan 302004 ----Petitioner/Non-Applicant Versus

1. The State Of Rajasthan, Through Its Principal Secretary, Department Of Medical And Health Services, Govt. Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Director/ Additional Director (P.h.), Medical And Health Services, Govt. Of Rajasthan, Swasthaya Bhawan, C-Scheme, Ashok Nagar, Jaipur, 302007 (Raj.).

3. Office Of Chairman Dm/m.ch/md/ms Candidate's Allotments Board-2024, Ruhs College Of Dental Sciences, Subhash Nagar, Behind Tb Hospital, Jaipur.

4. The Principal, S.m.s. Medical College And Hospital, Gangawal Park,adarsh Nagar, Jaipur, Rajasthan 302004

5. National Medical Commission, Through Its Secretary, Pocket - 14, Sector-8, Phase-I, Dwarka, New Delhi-110

077 ----Respondents/Applicants For Applicant(s) : Mr. Archit Bohra, AGC Mr. Angad Mirdha For Non-Applicant(s) :

HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

09/02/2026

1. The defect(s) as pointed out by the Registry is waived.

2. Learned counsel for the applicants/respondents – State of Rajasthan, at the very outset, submits that the matter stands squarely covered by the judgment dated 06.06.2025 passed by this Court in S.B. Civil Writ Petition No.6559/2025, titled as Dr. Syed Shabaz Vs. The State of Rajasthan and Ors., along with other bunch matters.

Operative paragraphs of the said judgment reads as under:-

“23. I have considered the submissions made by learned counsel for the parties and scanned the material available on record carefully.

24. In the light of the arguments made by learned counsel for the parties, it is analyzed that similar matter was raised before the Division Bench in DB Special Appeal (Writ) No.1311/2022 (State of Rajasthan & Ors. Vs. Dr.Nishant Gopaal & Ors.), wherein after due deliberation, considering public domain, the State bearing high expenditure on PG Candidates/students, who have used a sum of crores individually, selected in government colleges and after admitting a contract of rendering service for a period of two years and rendering on bond to be legally maintainable in association of medical specialty case, the Division Bench of this Court has given equitable and discretionary directions considering prima facie nature of the case, though admitting that the issue is contentious in nature whether bond can be taken, original documents can be retained without any condition and therefore, as an interim measure, the Court has directed as under:-

“On the aforesaid prima-facie considerations on the basis of the arguments of learned counsel for the parties, while we are not inclined to stay the directions, which have been issued by the learned Single Judge in the matter, however, as far as return of documents is concerned, it is directed that on writ petitioners submitting an undertaking on affidavit before this Court that if they are not inclined to accept appointment offered to them, they will deposit the amount payable under the bond and on submission of an affidavit before the concerned authority regarding filing of undertaking before this Court along with copy of the undertaking, the documents/credentials/certificates/mark-sheets shall be returned to the respondents.”

25. Relying upon the said directions, various judgments were passed by this Court, in which, applications seeking recall/review are filed. The orders, which are sought to be recalled/reviewed, were consented order. The prayer of the State Government in the changed and subsequent circumstances, prima facie appears to be justified and needs consideration, howsoever, as the Division Bench is seized with the similar matters qua legitimacy of the execution of bond, retention of orig