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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
NUPUR BHATI
DR. RAHUL DHATARWAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 7405 / 2026
Key Points: - (!) prayer to relieve petitioners for joining Senior Resident posts and to grant leave as per RSR. - (!) - (!) Court references similar case (Vimla Kumawat) and issues interim relief directing relief by certain dates despite administrative constraints. - (!) - (!) Court highlights constitutional perspective that advanced qualifications benefit public health; cannot deny study leave solely on administrative inconvenience. - (!) Interim direction: relieve petitioners by 25.02.2026 and permit joining pursuant to allotment letter; discussion of last date extension up to 24.02.2026 ( (!) - (!) ). - (!) - (!) Court disposes petitions with directions to relieve and join, with condition if last date extended further or department permits.
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[2026:RJ-JD:15203]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 7405/2026
1. Dr. Rahul Dhatarwal S/o Shri Vijay Singh, Aged About 34 Years, Resident Of Vpo Ojtu, District Jhunjhunu.posted At
District Hopital Khinvsar, District Nagaur.
2. Dr. Mahendra S/o Shri Valaram, Aged About 34 Years, Resident Of 1C/295, Kudi Bhagtasani Housing Board, Jodhpur. Posted At Chc Kudi Bhagtsani Housing Board,
Jodhpur.
3. Dr. Rekha Meena D/o Shri Shriman Meena, Aged About 33 Years, Resident Of Malpur, Randhirgarh, Weir, Bharatpur.
Posted At Chc Gheezgarh.
4. Dr. Lokesh Kumar Gupta S/o Shri Mohan Lal Gupta, Aged About 32 Years, Resident Of 33, Baniyon Ka Mohalla,
Labana, Achrol, Jaipur. Posted At Chc Raisar.
5. Dr. Kavita Meema D/o Shri Badri Lal Meena, Aged About
31 Years, Resident Of Ghas Bheru Mohalla, Purana Bazaar, Diggi, Tonk. Posted At Chc Chhan, Tonk.
----Petitioners Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Medical And Health Services, Government
Of Rajasthan, Jaipur.
2. State Of Rajasthan Through The Principal Secretary, Department Of Medical Education, Government Of
Rajasthan, Jaipur.
3. Joint Secretary, Department Of Medical And Health Services (Group-2), Secretariat, Jaipur.
4. Commissioner, Dept. Of Medical Education, Medical Bhawan, Govind Marg, Jaipur.
5. The Director (Public Health), Department Of Medical And Health Services, Directorate, Health Bhawan, Jaipur.
6. The Chairman, M.d./m.s./d.m./m.ch., Candidates Allotment Board-2025, Sms Medical College, Jln Marg,
Jaipur.
7. Principal Medical Officer, District Hospital Khinvsar, Nagaur.
8. Chief Medical And Health Officer, Jodhpur.
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9. Chief Medical And Health Officer, Dausa.
10. Chief Medical And Health Officer, Jaipur First.
11. Chief Medical And Health Officer, Tonk.
----Respondents
For Petitioner(s) : Mr. Kailash Choudhary For Respondent(s) : Mr. Tanuj Jain for
Mr. Mukesh Dave.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
02/04/2026
1. The instant writ petition has been filed with the following
prayers:
“1. By way of appropriate writ, order or direction; the respondents may kindly be directed to relieve the petitioners for joining the post of Senior Resident in the respective medical college in pursuant to the order dated 04.02.2025.
Amorde-3
2. By way of appropriate writ, order or direction; the respondents may kindly be directed to relieve the petitioners forthwith from present place of posting in terms of circulars of state and also grant appropriate leave as per the provisions of RSR for pursuing her one-year Senior Residency Course in
allotted Govt. Medical College.
3. By way of appropriate writ, order or direction; the respondent no.2 Medical Education Department may kindly be directed to extend the last date of: joining of Senior Residents
in the Medical Colleges.”
2. Counsel for the petitioners, at the outset, 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
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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 Senio
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