NEET SS: Rajasthan HC scraps Rs 25 lakh bank guarantee rule for DM, MCh admissions
Rajasthan High Court
Jaipur: Holding that the state authorities cannot change the rules mid-way, the Jaipur Bench of the Rajasthan High Court has granted relief to three postgraduate doctors who challenged a state order that imposed a Rs 25 lakh bank guarantee requirement for admission to super speciality courses.
The bench was hearing a writ petition filed by three postgraduate doctors who approached the court under Article 226 of the Constitution, being aggrieved by the impugned order dated 28.01.2026 issued by the state health department.
Medical Dialogues had earlier reported that government doctors in Rajasthan seeking to pursue super-speciality courses (DM/MCh) through NEET-SS were required to submit a bank guarantee of Rs 25 lakh, equal to the bond amount, before their documents could be released. This move was introduced by the state government to ensure that doctors return and serve in government hospitals after completing their courses.
These include doctors who are currently serving or are required to serve under the Rajasthan State Bond Service Policy, as well as those pursuing postgraduate and super-specialty courses in government and RajMES medical colleges in the state.
The order further stated that candidates selected for super-specialty courses or Senior Residency in Institutes of National Importance such as AIIMS, PGI Chandigarh, and JIPMER would be allowed to join only after submitting a bank guarantee equivalent to the bond amount.
Following the order, the medical fraternity opposed the government’s decision and urged authorities to withdraw the bank guarantee requirement. Doctors said that the Rs 25 lakh guarantee creates a financial burden and could stop deserving candidates from pursuing super-specialty courses.
Previously, a group of doctors who had cleared NEET-SS 2025 and secured seats approached the High Court by filing a civil writ petition challenging the government circular.
Now, the present civil writ petition has been filed by three more PG doctors who are seeking the same direction from the court i,e quashing of the government order.
In the present plea, the petitioners contended 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. They submitted that 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 respondents’ earlier policy, reflected in orders dated July 12, 2022 and April 1, 2025, the petitioners alleged that candidates who opted for super-specialty courses or fellowships were only required to give an undertaking to serve the State for two years after completing their course. There was no requirement to submit any bank guarantee.
The petitioners are currently serving the State in line with their service bonds. However, through the order dated January 28, 2026, the respondents suddenly changed this policy by adding a new condition requiring a bank guarantee, said the petitioners. They added that this change was introduced after the NEET-SS results were declared and just before counselling, effectively changing the rules midway through the process.
The counsel for the petitioners further argued that a coordinate bench of the Rajasthan High Court, in SBCWP No. 4504/2026 titled Dr Ishant Kumar Sahu & Others vs State of Rajasthan & Others, through its order dated March 19, 2026, had already dealt with a similar situation.
What did the previous court order say?
During the hearing of the previous case, the court held that this circular cannot be applied to the petitioners since NEET SS 2025 results were declared before the Rajasthan government issued January 28, 2026 the circular. The court ruled that the candidates will be governed by the earlier circular dated April 1, 2025, and allowed the petition to that extent. It also said there was no need to examine the validity of the January 28 circular in this case.
The court observed, "As the petitioners have been issued allotment letters by their respective Super Speciality Colleges in pursuance to the NEET – SS score card and they are required to report and submit their original documents with their respective allotted Super Speciality Colleges, the Principals of the respective medical colleges of the respondent – State Government are directed to ensure that in terms of Clause 16 of the circular dated 01.04.2025, the original documents of the petitioners are sent directly by the respective medical colleges of the respondent – State Government to the petitioner's respective allotted Super Speciality Colleges."
To avoid delays in admission, the court issued additional directions stating that medical colleges must immediately email scanned copies of candidates’ original documents to the allotted institutes. It also directed the state government to inform colleges that the original documents will be sent separately, so that candidates are not denied admission.
"As the medical colleges of the State are required to ensure delivery of the original documents of all the petitioners, in the eventuality of any such documents reaching the respective Super Specialty Medical Colleges beyond a particular date, it will not at all prejudice the allotment/admission of the respective petitioners in their respective Super Specialty Colleges," the court held.
The court also directed candidates to submit an undertaking stating that they will complete their mandatory service bond after finishing the course. If they fail to do so, they will have to pay the bond amount.
In compliance with the court order, the Medical Counselling Committee (MCC) has allowed candidates in Rajasthan to submit scanned copies of their original documents for admission to super speciality courses. MCC clarified that, as per the High Court’s order, candidates serving as medical officers in Rajasthan and allotted seats in Round-1 of NEET-SS 2025 counselling can email scanned copies of their required documents to their allotted colleges. These documents will be accepted for provisional admission, while the original copies can be submitted later.
In the present writ petition, the counsel for the respondent-State was unable to dispute that the issue in the present case is already covered by the court’s earlier order in the Dr Ishant Kumar Sahu case.
Relying on a previous judgement of the court that held the state cannot impose a costly bank guarantee requirement after NEET SS 2025 results were already declared, Single Bench Justice Nupur Bhati said, noted, "A circular cannot be applied retrospectively… applying it would amount to altering the rules of the game mid-way."
The bench considered the doctors' contention 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.
In view of the above, the court disposed of the present writ petition in line with its order dated March 19, 2026 in the Dr Ishant Kumar Sahu case.
To view the recent court order, click on the link below:
Also read- NEET SS 2025: MCC allows scanned documents for admission in Rajasthan following HC order
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