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2026 Supreme(Online)(Raj) 5753

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
NUPUR BHATI
DR. PANDEY REETESH RAJENDRA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 3686 / 2026



HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3686/2026

1. Dr. Pandey Reetesh Rajendra S/o Rajendra Pandey, Aged About 39 Years, Resident Of D-28, Shanti Path, Patrakar Colony, Tilak Nagar, Jaipur, Jawahar Nagar, Rajasthan.

2. Man Prakash Jajoria S/o Radhey Shyam Jojoria, Aged About

36 Years, Resident Of 570, Ekta Nagar A Smm School Ajmer Road, Dhawas, Jaipur.

3. Prateek Kumar S/o Ghanshyam Lal, Aged About 29 Years, Resident Of Sanatan Dharm Sabha Colony, Krishna Mill Ke Samne, Beawar, Ajmer.

4. Sunil Kumar Jangid S/o Gopal Lal Jangid, Aged About 30 Years, Resident Of Tambi Market, T Amer, Achrol, Jaipur.

5. Pramod Saini S/o Bhuda Ram Saini, Aged About 31 Years, Resident Of Gram Harsh, Po Harsh, District Sikar.

6. Lokendra Singh Rathore S/o Nathu Singh Rathore, Aged About 47 Years, Resident Of 2Nd-3-Ww0, Jai Narayan Vyas Colony, Bikaner.

----Petitioners Versus

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

2. Principal Secretary, Department Of Medical Education, Govt.

Secretariat, Jaipur.

3. The Commissioner, Department Of Medical Education, Medical Education Bhawan, Govind Marg, Jaipur.

4. Joint Secretary To The Govt., Department Of Medical And Health (Group-2Nd), Govt. Secretariat, Jaipur.

5. The Director (Public Health), Department Of Medical And Health Services, Directorate, Health Bhawan, Jaipur.

6. Chief Medical Officer, District Hospital, Bari, District Dholpur. 7. Chief Medical Officer, Sub District Hospital, Nenwa, District Bundi.

8. Chief Medical Officer, Sub District Hospital, Desuri, District Pali.

9. Chief Medical Officer, District Hospital, Dholpur.

10. Chief Medical Officer, Trauma Centre, Bap, District Phalodi.

11. Chief Medical Officer, District Bikaner.

12. The Chairman, M.d/m.s./d.m/m.ch Sms Candidates Allotments Board - 2025, Medical College, Jln Marg, Jaipur.

----Respondents For Petitioner(s) : Mr. Punit Choudhary.

For Respondent(s) : Mr. Tanuj Jain, for Mr. Mukesh Dave, AGC.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

19/02/2026

1. Learned counsel for the petitioners submits that the petitioners are holding the post of Medical Officer and after completing PG course as an in-service candidate, the petitioners filled an application to undergo Senior Resident Course, as she is desirous of having the post of Assistant Professor for which the teaching and research experience includes one year Senior Residence in concerned subject in a permitted Medical College after acquiring the course of MD/MS. He also submits that an online application form for one year Senior Residency Course pursuant to notification dated 31.10.2025 and she has been declared selected for one year Senior Residency Course vide order dated 21.01.2026/04.02.2026 and the petitioners are required to give their joining on or before 14.02.2026. However, despite her selection on merit, the respondents have failed to relieve the petitioners, thereby placing their career progression and academic advancement in serious jeopardy and the last date has been extended upto 24.02.2026.

2. Learned counsel for the respondent submits that posting of the petitioners were made in public interest and administrative exigency. He submits that around 450 Doctors are selected for Senior Residency Course and about 800 Doctors are selected for PostGraduation and relieving all Doctors simultaneously would seriously affect the Health Services. However, except for a bald assertion, no concrete data or material has been placed on record to substantiate the alleged acute shortage of doctors.

3. Contrary to the submissions of counsel for the respondents, learned counsel for the petitioners submits that marks acquired in the NEET-PG examination are taken into consideration for the purpose of getting selected in the Senior Residency Course and for preparing the merit list. He submits with grit that in the current circumstances the petitioners have acquired the appropriate merit to undergo the Seni

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