A state administrative circular introducing new onerous conditions, such as a bank guarantee for service bonds, cannot be applied retrospectively to candidates who have already commenced their admission or recruitment process under the field-prevailing earlier circulars.

Order

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

“In these circumstances, it is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to accept this writ petition and pass appropriate directions and:

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 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. Learned counsel for the petitioners, at the very outset, have relied upon 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.

3. Learned counsel for the petitioners submit that all the petitioners herein have cleared their NEET – Super Speciality Examination, 2025 (NEET – SS Exam), the result of which was declared on 23.01.2026 and all the crucial and relevant events have also taken place prior to the issuance of the circular dated 28.01.2026 by the State and thus, the petitioners be governed by the circular dated 01.04.2025 and not 28.01.2026.

4. Learned counsel for the petitioners further submit that as per the Information Bulletin of NEET – SS Exam, the time period for submission of application form was from 05.11.2025 to 25.11.2025, in pursuance to which the petitioners submitted their respective application forms and thereafter the admit cards were also issued to the petitioners and finally, the examination was conducted on 26.12.2025 and 27.12.2025. Even the result of the NEET – SS Exam was declared on 23.01.2026 and thus, the petitioners cannot be governed by the circular dated 28.01.2026.

5. Learned counsel for the petitioners further submit that Clause 16 of the circular dated 01.04.2025 reads as under:-

"16. lacaf/kr vH;fFkZ;ks a ds ewy nLrkost mijksä 02 o"kZ dh jktdh; lsok vof/k iw.kZ djus ds mijk ar lacaf/kr fpfdRlk egkfo|ky; }kjk fjfyt fd;s tk;s axsA bl gsrq muds }kjk iznku dh xbZ jktdh; lsok ds ckjs es a izek.k&i= lacaf/kr iz/kkukpk;Z ,oa fu; a=d }kjk tkjh fd;s tk;s axsA mijksä izek.k i= ds vk/kkj ij 02 o"kZ dh jktdh; lsok dk lR;kiu fd;k tkdj lacaf/kr fpfdRlk egkfo|ky; }kjk muds ewy nLrkost vH;kFkhZ dks ykSVk fn;s tk;s axsA