The Rajasthan High Court has directed the state authorities to relieve a government doctor so she can join a Senior Residency programme, observing that administrative inconvenience cannot be used to block opportunities for higher medical education.
Hearing a writ petition filed by Dr. Vimla Kumawat, Justice Dr. Nupur Bhati noted that denying permission to pursue advanced medical training without proper justification could cause serious prejudice to the doctor’s career and would not serve the larger public interest.
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Background of the Case
Dr. Vimla Kumawat, a Medical Officer from Balotra district in Rajasthan, approached the High Court after the state government allegedly failed to relieve her from duty despite her selection for a one-year Senior Residency course.
According to the petition, Dr. Kumawat had completed her postgraduate medical degree as an in-service candidate and later applied for the Senior Residency programme following a notification issued on October 31, 2025. She was selected for the course through a merit list prepared on the basis of NEET-PG marks and was issued an allotment order on January 28, 2026.
However, the hospital authorities did not relieve her from service even as the last date for joining the course approached. The petitioner argued that this refusal could jeopardize her academic progress and future prospects of becoming an Assistant Professor, for which Senior Residency experience is a required qualification.
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State Government’s Stand
The state government opposed the plea, stating that Dr. Kumawat’s posting was made in public interest and due to administrative requirements.
Government counsel submitted that around 450 doctors had been selected for Senior Residency courses and about 800 doctors for postgraduate programmes. Allowing all of them to leave simultaneously, the state argued, could affect healthcare services due to a shortage of doctors.
However, the Court noted that the state had not placed any concrete data on record to demonstrate the alleged shortage of doctors or justify the refusal to relieve the petitioner.
Court’s Observations
Justice Nupur Bhati observed that the petitioner had secured selection in the Senior Residency programme through a merit-based process and denying her permission to join could result in irreparable harm.
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The Court also referred to a government circular dated July 5, 2022, which states that candidates selected for examinations, interviews, or higher education programmes such as postgraduate or DNB courses should be relieved from their post to pursue those opportunities.
The judge noted that the authorities’ refusal to relieve the petitioner appeared contrary to their own policy.
Referring to the Supreme Court’s decision in Dr. Rohit Kumar v. Secretary, Office of Lt. Governor of Delhi, the Court emphasised the importance of advanced medical education.
“The bench observed, ‘Doctors with advanced qualifications are an asset not only to the medical fraternity but also to society at large. After completion of such courses, they return with enhanced skill and expertise to serve public health.’”
The Court further noted that denying study leave or permission to pursue higher training merely due to administrative inconvenience or temporary staff shortages cannot be justified if it ignores constitutional rights and long-term public interest.
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Court’s Decision
Considering the imminent deadline for joining the course and the potential prejudice to the petitioner, the High Court issued notice in the writ petition and directed the respondents to file their reply within four weeks.
As an interim measure, the Court ordered the state authorities to relieve Dr. Vimla Kumawat by February 25, 2026, so that she can join the Senior Residency course as per the allotment letter issued on January 28, 2026.
Case Title: Dr. Vimla Kumawat v. State of Rajasthan & Others
Case No.: S.B. Civil Writ Petition No. 4685/2026
Decision Date: 24 February 2026
