Rajasthan High Court Upholds Doctor’s Right to Pursue Senior Residency at PGIMER | Orders Release of Degree and NOC | Bond Obligations to Be Fulfilled After Completion of Tenure
Safiya Malik
The High Court of Rajasthan Single Bench of Justice Sameer Jain directed that the provisional degree and no-objection certificate of a postgraduate medical candidate be released by the concerned government medical college. The Court further ordered that the candidate be allowed to continue as Senior Resident at the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, without interruption. The directive was issued following the petitioner’s undertaking to serve the mandatory State Government bond period after completion of tenure at PGIMER, with compliance to be ensured by submission of an affidavit to the authorities.
The matter originated when the petitioner, having completed his postgraduate medical course (M.D. Psychiatry) from RNT Medical College, Udaipur, was required to submit original documents and execute a service bond in favour of the State Government. The bond obligated him to serve the State Government upon completion of the course, failing which he would be liable to pay the penalty amount stipulated in the bond terms.
After completing his postgraduate studies in 2025, the petitioner joined as a Senior Resident at a government medical college in Jhunjhunu. Subsequently, he was selected as a Senior Resident at PGIMER, Chandigarh, an Institute of National Importance. For the purpose of joining PGIMER, he required his original documents and a no-objection certificate. While RNT Medical College, Udaipur released his original documents upon his undertaking to serve the State Government post-tenure at PGIMER, the government medical college at Jhunjhunu withheld the petitioner’s provisional degree and NOC.
The petitioner submitted that he had duly sought permission and provided the requisite undertaking, after which RNT Medical College released his documents. Nevertheless, despite assurances from the Jhunjhunu college, the provisional degree and NOC were not issued in time, resulting in hindrance to his functioning at PGIMER. The petitioner joined PGIMER on 04 July 2025, but following an email from the State authorities alleging non-compliance with bond conditions, PGIMER restrained him from OPD duties and withheld stipend payments.
Interim relief was granted on 25 July 2025 by the High Court, directing PGIMER not to cancel his admission. However, the petitioner remained barred from continuing his work. He contended that he was willing to serve the bond period in Rajasthan after completing his PGIMER tenure and was prepared to furnish an affidavit undertaking liability to pay the bond amount if he defaulted.
Reliance was placed on an earlier judgment in Dr. Nishant Gopal & Ors. v. State of Rajasthan (S.B. Civil Writ Petition No. 12611/2022), wherein the Court had declared that retaining original documents of doctors was impermissible. The Division Bench, in appeal, had also directed the release of documents on an undertaking. The petitioner argued that his case was factually similar and should be adjudicated accordingly.
The State opposed the petition, submitting that the petitioner was obligated to deposit Rs. 10 lakhs to avail the PGIMER position. It relied on a circular dated 01 April 2025, which prescribed detailed guidelines for Senior Residents, including bond compliance. Clause 15 of the circular permitted temporary leave from residency in Rajasthan for fellowship programmes at Institutes of National Importance, subject to an undertaking to complete the remaining tenure thereafter. The State contended that fellowship and Senior Residency were distinct, and as the petitioner had opted for Senior Residency, he could not claim the benefit of Clause 15. Release of documents, according to the State, without full compliance would defeat the purpose of the policy ensuring adequate availability of medical professionals in government institutions.
After hearing both sides, the Court proceeded to consider the factual matrix and statutory framework in light of the petitioner’s rights under Articles 19 and 21 of the Constitution of India.
The Court observed: “PGIMER Chandigarh is an Institute of National Importance.”
It further recorded: “The RNT college, Udaipur upon an undertaking released the original documents of the petitioner.”
The Court noted: “The respondent No.3 has not released the provisional degree and NOC of the petitioner.” On the applicability of the circular, the Court stated: “The circular dated 01.04.2025 issued by the Secretary permits the candidate for pursuing program/service in an Institute of National Importance for the respective period and thereafter completing remaining years of service as per Bond condition.”
Invoking constitutional rights, the Court stated: “While placing reliance upon Article 19 and 21 of the Constitution of India, 1950 and taking note of the fact that the petitioner has expressed his willingness to serve as a Senior Resident with the State for the remaining period, this Court in the interest of justice deems it apposite to allow the present petition.”
The Court directed that the petitioner’s provisional degree be released along with the NOC and other requisite documents. It further mandated that an undertaking be furnished, in pursuance of the dictum laid down in Dr. Nishant Gopal (Supra), assuring compliance with the remaining bond period.
The Court ordered PGIMER, Chandigarh, to permit the petitioner to continue as Senior Resident without any break in tenure. Additionally, respondent No. 3, the government medical college at Jhunjhunu, was directed to release all requisite documents and the NOC in favour of PGIMER, Chandigarh.
The Court directed that these orders be complied with forthwith. The writ petition was accordingly allowed, with pending applications disposed of, and no order as to costs.
Advocates Representing the Parties
For the Petitioners: Mr. Arvind Kumar Singh, Advocate
For the Respondents: Mr. Archit Bohra, Additional Government Counsel
Case Title: Dr. Rohit Yadav v. State of Rajasthan & Ors.
Neutral Citation: 2025:RJ-JP:33184
Case Number: S.B. Civil Writ Petition No. 10255/2025
Bench: Justice Sameer Jain
