An administrative circular imposing new onerous financial conditions (like a bank guarantee) cannot be applied retrospectively to candidates who have already initiated or completed parts of their recruitment and selection process under the previously prevailing rules.

Order

25/03/2026

1. This writ petition has been filed by the petitioners with the following reliefs:-

“i. Quash or set aside the impugned order dated 28.01.2026 (F.7 (54) (393) Allotment/Dme/Acad/2025/-08146) issued by the Respondent no. 2 insofar as it applies retrospectively to the Petitioners 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 Petitioners are 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 petitioners 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 Petitioners.”

2. Brief facts of the case are that the petitioners, who are postgraduate medical doctors and citizens of India, have approached this Hon’ble Court under Article 226 of the Constitution of India, being aggrieved by the impugned order dated 28.01.2026 issued by the respondents. By way of the said order, the respondents have, for the first time, introduced a mandatory requirement of furnishing a bank guarantee equivalent to the service bond amount as a pre-condition for pursuing NEET-SS/INI-SS courses, Senior Residency, and Fellowships. The petitioners contend that the said condition is arbitrary, illegal, and violative of their fundamental and legal rights. The petitioners had successfully cleared NEET-PG and were admitted to postgraduate courses in Government Medical Colleges in the State of Rajasthan under the All India and State Quota. At the time of admission, they were required to execute service bonds undertaking to serve the State upon completion of their courses. As per the consistent policy of the Respondents, as reflected in orders dated 12.07.2022 and 01.04.2025, candidates opting to pursue super-specialty courses or fellowships were only required to furnish an undertaking to serve the State for a period of two years upon completion of such courses, without any requirement of furnishing a bank guarantee. The petitioners are presently serving the State in compliance with their respective service bonds. However, by way of the impugned order dated 28.01.2026, the Respondents have abruptly altered the established policy by imposing an additional condition of furnishing a bank guarantee. The said change has been introduced after the declaration of NEET-SS results and at a stage when the counselling process is imminent, thereby impermissibly altering the “rules of the game” midstream. The Petitioners submit that such retrospective imposition of an onerous financial condition is arbitrary, discriminatory, and contrary to the doctrine of legitimate expectation, particularly when similarly situated candidates of earlier batches were not subjected to any such requirement.

3. Learned counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by the order dated 16.02.20