HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4123/2026 Dr. Pooja Bharati D/o Madan Lal Bharti, Aged About 30 Years, R/ o C/o Kundan Lal Bhuradia, 142, Shiv Shakti Vihar, Boytawala, Jhotwara, Jaipur, Rajasthan.

----Petitioner Versus

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

2. Principal Secretary, Department Of Medical Education, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

3. Joint Secretary To The Govt., Department Of Medical And Health Services, (Group-2), Govt. Of Rajasthan, Secretariat, Rajasthan, Jaipur.

4. The Director (Public Health), Department Of Medical And Health Services, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.

5. The Principal, S.m.s. Medical College And Controller Of The Attached Hospitals, Jaipur.

6. The Chief Medical And Health Officer, Sikar, Rajasthan.

----Respondents For Petitioner(s) : Mr. V.S. Bhawla for Mr. R.P. Saini.

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

HON'BLE DR. JUSTICE NUPUR BHATI

Order

19/02/2026

1. Learned counsel for the petitioner submits that the petitioner is holding the post of Medical Officer and after completing PG course as an in-service candidate, the petitioner 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 13.01.2026 and the petitioner is required to give her joining on or before 11.02.2026. However, despite her selection on merit, the respondents have failed to relieve the petitioners, thereby placing her 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 petitioner was 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 petitioner has acquired the appropriate merit to undergo the Senior Residency Course and in case the respondents do not permit her to join the same, the petitioner will suffer irreparable loss and injury, which can not be compensated at the later stage.

4. While drawing the attention of the Court, the counsel for the petitioner submits that the respondents vide circular dated 05.07.2022 has issued certain directions and in light of direction No.4, the candidate upon selection in the examination/interview or other educational activities, PG, DNB and other higher studies courses etc., will be relieved from the Control Officer and will join the post. He submits that despite the said circular the respondents are not relieving the petitioner to join the said Course. Prima facie, the action of the respondents in not relieving the petitioner appears to be contrary to their own policy decision.

5. At this stage, this Court is also guided by the constitutional perspective governing the issue. As rightly observed by the Hon’ble Supreme Court in Dr.