[2026:RJ-JP:10573]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2804/2026 Dr. Naman Gupta S/o Meghraj Gupta, Aged About 27 Years, P/o B 92, Shri Niwas Nagar, Sikar Road, Murlipura, District Jaipur, Rajasthan - 302039 R/o Currently Present In Jaipur Rajasthan.

----Petitioner Versus

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

2. Joint Secretary, Medical Education (Group-1) Department, A11, Govind Marg, Saket Colony, Sethi Colony, Jaipur, Rajasthan 302004

3. The Director/ Additional Director (P.h.), Medical And Health Services, Govt. Of Rajasthan, Swasthaya Bhawan, C-Scheme, Ashok Nagar, Jaipur, 302007 (Raj.).

4. Office Of Chairman Dm/m.ch/md/ms Candidates Allotments Board-2025, SMS Medical College JLN Marg Jaipur 302004

5. The Principal, S.m.s Medical College, JLN Marg, Gangawal Park, Adarsh Nagar, Jaipur, Rajasthan 302004

6. National Medical Commission, Through Its Secretary, Pocket 14, Sector 8, Phase-1, Dwarka, New Delhi-110

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7. Associate Dean (Pg), All India Institute Of Medical Sciences, Virbhadra Road, Rishikesh, Uttarakhand 249203 ----Respondents For Petitioner(s) : Ms. Purvi Mathur with Mr. Kushagra Sharma, Mr. Sharad Dadhich and Mr. Raj Singh Rathore For Respondent(s) : Ms. Tanvisha Pant for Mr. Vigyan Shah, AAG Mr. Nitin Soni for Mr. Angad Mirdha HON'BLE MR. JUSTICE ANUROOP SINGHI

Order

12/03/2026

1. The present writ petition has been filed by the petitioner with the following prayers:-

“I. Quash or set aside the impugned order dated 28.01.2026 (F.7 (54) (393) (1)/SR Allotment/Dme/Acad/2025/-08146) issued by the Respondent no. 2 insofar as it applies retrospectively to the Petitioner or imposes additional financial and procedural obligations not envisaged at the time of their admission;

II. Issue a writ of Mandamus, Certiorari, order or direction declaring that the impugned order dated 28.01.2026 issued by Respondent no. 2, to the extent it imposes the requirement of furnishing a bank guarantee equivalent to the service bond amount as a pre-condition for admission to NEET-SS and INI-SS Courses, is illegal, arbitrary, unconstitutional, and without lawful authority;

III. Declare that the Petitioner is entitled to pursue Super-Speciality Courses, Fellowships, and Senior Residency appointments without being compelled to furnish a bank guarantee, and that their original documents shall not be withheld on account of any retrospective or belated condition;

IV. Direct the Respondents to release the original academics documents of the petitioner to pursue Super- Speciality Courses, Fellowships, and Senior Residency appointments.

V. Any other order or direction which this Hon'ble Court deem just and proper in the facts and circumstances of the case may also be passed in favour of the Petitioner.”

2. Ms. Purvi Mathur and Mr. Kushagra Sharma, learned counsel for the petitioner, at the very outset have 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 application under consideration or counter to the additional affidavit has been filed by the State.

It is not in dispute that the order which provides for submission of bank guarantee by the petitioners equivalent 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 apprehend 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