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2026 Supreme(Online)(Raj) 6256

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
NUPUR BHATI
DR. KAMLESH KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 4861 / 2026



HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4861/2026

1. Dr. Kamlesh Kumar S/o Shri Bhanwar Singh, Aged About

31 Years, Resident Of Sodho Ki Dhani, Sanpa Manji, District Barmer, Presently Posted As S.m.o. At C.h.c.

Jasol, District Balotra, Raj.

2. Dr. Mohan Lal S/o Shri Magaram, Aged About 34 Years, Resident Of Bijrol Kheda, Tehsil Binjrol, District Jalor (Raj.) Presenly Posted At C.h.c, Siyana, District Jalore, (Raj.).

3. Dr. Jonu Ram S/o Shri Poonma Ram, Aged About 32 Years, Resident Of Bhedana, District Barmer. (Raj.). Presently Posted As M.o. At Sub District Hospital Siwana, District Balotra, Raj.

4. Dr. Ramaram Choudhary S/o Shri Rooparam Choudhary, Aged About 35 Years, Resident Of Borwa, District Barmer, (Raj.). Presently Posted At Sub District Hospital, Siwana District Balotra, (Raj.).

----Petitioners Versus

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

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

3. Principal Secretary, Department Of Medical Education, Govt. Secretariat, Jaipur.

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

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

6. Chief Medical And Health Officer, District Jalore, (Raj.).

7. Chief Medical And Health Officer, District Jalore, Raj.

8. Principal Medical Officer (P.m.o), Sub District Hospital.

Siwana, District Balotra. (Raj.).

9. The Chairman, M.d/m.s/d.m/m.ch Candidate's Allotments Board 2026, Sms Medical College, Jln Marg, Jaipur.

10. National Medical Commission, Through Its Secretary, Sector 8, Pocket 14, Phase-I, Dwarka, New Delhi 110077.

----Respondents For Petitioner(s) : Mr. Pradhuman Singh For Respondent(s) : Mr. Tanuj Jain for Mr. Mukesh Dave, ASG HON'BLE DR. JUSTICE NUPUR BHATI

Order

25/02/2026

1. Counsel for the petitioners submits that in similar controversy, being SBCWP No.4685/2026 : “Dr. Vimla Kumawat v. State of Rajasthan & Ors.” this Court vide order dated 24.02.2026 has granted interim relief while issuing notices.

The said order is reproduced hereunder:

“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 28.01.2026 and the petitioner is required to give her joining on or before 24.02.2026 as the last date has been extended further. However, despite her selection on merit, the respondents have failed to relieve the petitioner, thereby placing her career progression and academic advancement in serious jeopardy.

2. Learned counsel for the respondent submits that reply has been filed yesterday and specific averment has been taken in the reply that posting of the petitioner was made in public interest and administrative exigency. He submits that in the reply it has been indicated 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 petitioner submits that marks acquired in the NEET-PG

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