HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19839/2025 Dr. Yash Vardhan S/o Dinesh Kumar Sonkar, and Ors.

----Petitioners Versus State Of Rajasthan and Ors.

----Respondents For Petitioner(s) : Mr. Arvind Kumar Singh For Respondent(s) : Ms. Tanvisha Pant for Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

16/02/2026

1. The matter comes up on an application No.1/2026 filed by applicant/petitioner No.2 – Dr. Sahil Gautam, stating that he has been shortlisted for an interview for the post of SR-ship at All India Institute of Medical Sciences (AIIMS), Delhi, which is an Institute of National Importance (INI) and for appearing in the said interview, he requires his original documents and thus, respondents be directed to release the original documents to the applicant/petitioner No.2 upon an undertaking being furnished by him of serving the bond period with the State of Rajasthan after completion of his tenure at AIIMS, Delhi.

2. As the candidates are required to appear in-person for interview along with their original documents, it is then that the present controversy arose, as the original documents of the applicant/petitioner No.2 were in the custody of the respondents, with whom he has also executed a service bond.

3. Mr. Arvind Kumar Singh, learned counsel for the applicant/petitioner No.2 has filed an additional affidavit of the applicant/petitioner No.2, to submit that AIIMS, Delhi, issued an advertisement on 20.11.2025, in pursuance to which, online application was filled by the applicant/petitioner No.2 on 01.12.2025 and examination was held on 03.01.2026, result of which was declared on 09.01.2026, in consequence to which, the interview of the applicant/petitioner No.2 was held on 20.01.2026. Learned counsel further submits that the applicant/petitioner No.2 has been issued an allotment letter on 05.02.2026, which has been submitted as Annexure – AA1.

4. Learned counsel for the applicant/petitioner No.2 submits that at the time of applying in terms of advertisement dated 20.11.2025, reliance was placed by him on the circular dated 01.04.2025 issued by State of Rajasthan, Clause-15 of which provides that if a candidate is selected for a fellowship in an Institute of National Importance (INI), he/she may be permitted for the same, subject to he/she furnishing an undertaking to the effect that after completion of the fellowship, the candidates shall return and fulfill the remaining tenure of their resident-ship in State of Rajasthan.

5. Learned counsel for the petitioner further submits that applicant/petitioner No.2 is ready and willing to furnish an undertaking to the respondents that he will serve the State Government for the period as stipulated in the bond executed and submitted by him after completion of the tenure of his SR-ship at AIIMS, Delhi and therefore, prays that the original documents of applicant/petitioner No.2 be accordingly released.

6. Learned counsel in support of the said submissions relied upon the orders passed by this Court in the case of;

i) Dr. Rohit Yadav Vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.10255/2025, dated 28.08.2025;

ii) Dr. Babita Vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.581/2026, dated 16.01.2026 and iii) Dr. Asif Vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No.851/2026, dated 16.01.2026.

7. Learned counsel further submits that all the petitioners in the above referred petitions have furnished an undertaking as required by the orders passed therein, in consequence to which, their original documents have been released by the State of Rajasthan and hence, the applicant/petitioner No.2 cannot be discriminated.

8. Learned counsel further submits that this Court in the case of Dr. Rohit Yadav (supra) has duly considered the circular dated 01.04.2025 and has held that the said circular will duly apply in the case of SR-ship being done by a candidate at an INI.

9. Learned counsel further submits that as all th