[2026:RJ-JP:8362]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2810/2026 Dr. Nikita Kumari D/o Deepak Kumar Gupta, Aged About 31 Years, R/o Flat No. 744, Block 7, Arrah Garden Residences, Arrah Garden Road, Rukanpura, B. V. College, Patna, Bihar - 800014 ----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of Medical Education, Govt. Of Rajasthan, Secretariat, Jaipur, Raj.

2. The Commissioner, Department Of Medical Education, Govt. Of Rajasthan, Chikitsa Siksha Bhawan, Near Pink Square Mall, Govind Marg, Jaipur, Raj.

3. The Chairman, Dm / Mch / Ms / Md / Other Candidates Allotment Board - 2026, S. M. S. Medical College, Jaipur, Raj.

4. The Principal, S. M. S. Medical College, Jaipur, Rajasthan.

5. The Director, All India Institute Of Medical Sciences (AI-

IMS), Phulwari Sharif, Patna, Bihar - 801507 ----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

23/02/2026

1. The present writ petition has been filed by the peti-

tioner with the following prayers:-

“ In these circumstances, it is, therefore, prayed that this Hon’ble Court may be pleased to accept this writ peti-

tion and;

I. the Respondents be directed to release the originals documents of petitioner, forthwith, upon an undertaking to serve the Service Bond period after completion of her SRship tenure at AIIMS, Patna.

II. Any other appropriate order or direction which this Hon’ble Court deems just and proper in the facts and cir- cumstances of this case may kindly also be passed in favour of the Petitioner.”

2. Mr. Arvind Kumar Singh, learned counsel for the petitioner, at the very outset has relied upon interim orders passed by this Court in S.B. Civil Writ Petition No.18011/2025 titled as Dr. Harshpreet Kour Vs. State of Rajasthan and Others dated 10.02.2026 and S.B. Civil Writ Petition No.19839/2025 titled as Dr. Yash Vardhan Vs. State of Rajasthan and Others dated 16.02.2026. Relevant portion of the order passed in the case of Dr. Yash Vardhan (supra) reads as under:-

“18. It is a matter of fact that no reply to the appli-

cation under consideration or counter to the additional af-

fidavit has been filed by the State.

It is not in dispute that the order which provides for submission of bank guarantee by the petitioners equiva- lent to the amount of service bond has been issued by the State of Rajasthan on 28.01.2026 and thus, there was no occasion whatsoever for any candidate to presume or ap- prehend imposition of any such condition prior to the said order coming into effect.

19. It is also a matter of record that prior to issuance of circular dated 28.01.2026, the circular dated 01.04.2025 was holding its field.

Clause 15 of the circular dated 01.04.2025 reads as under:-

“15. यदद कोई छात दकसी Institute of National Importance (AIIMS, PGI, JIPMER) मे Fellowship फे दलए चयदनत होता है तो उसे भी Fellowships उपरान 2 वरर की राज मे राजकीय सेवा देने

की शतर पर ही अनुमदत दी जायेगी।"

And, Clause 15 of the circular dated 28.01.2026 reads as under:-

“15. यदद कोई अभरर सातकोतर अरवा सुपर सेदशयदलटी पाठकम पूरर करने के उपरांत दकसी 'इंसीटूट ऑफ नेशनल इमॉटस' (Any AIIMS/ PGI Chandigarh, JIPMER) तरा अन 'इंसीटूट ऑफ नेशनल इमॉटस' संसान) मे सीदनयर रेजीडेनी हेतु चयदनत होता है, तो उसे राज सरकार / संसान दारा बांड रादश के समतुल बैक गारंटी जमा कराने पर अनुमदत दी जा सके गी।”

Clause 15 of both these circulars deals with the situ-

ation where a candidate is willing to join an INI.

20. Though, the respondents seriously dispute the appli- cability of Clause 15 of the circular dated 01.04.2025 upon SR-ship on the ground that the word used in Clause 15 of the circular dated 01.04.2025 is “Fellowship” and not “SR-ship”, this Court in the case of Dr. Rohit Yadav (supra) considered the issue of SR-ship has duly referred to the order dated 01.04.2025 and has held as under:-

“16. Considering the submissions made by the learned counsel for the parties, taking note of the ju