Court Terms State Policy Unconstitutional for Denying Entry Based on Out-of-State PG Degree
JODHPUR, May 3, 2025 — The Rajasthan High Court has issued interim orders allowing a postgraduate medical graduate to be admitted into the Senior Resident course (ENT specialty), ruling that the state government cannot deny admission solely based on the fact that the PG degree was obtained outside Rajasthan.
In a significant observation, the single bench of Justice Dinesh Mehta stated that such a state policy violates fundamental rights under Articles 14 and 19(1)(g) of the Indian Constitution, which guarantee equality before law and freedom to practice any profession, respectively.
Background of the Case
The petitioner, Dr. Deepika N., a resident of Pali, had completed her MS in ENT from a medical college in Puducherry after clearing NEET PG 2021, where she did not receive allotment in Rajasthan due to merit-based counselling by the National Medical Commission (NMC).
According to NMC regulations 2022, a candidate must complete a Senior Resident course after a 3-year PG program to be eligible for Assistant Professor positions in medical education institutions.
However, as per the Rajasthan state policy dated April 1, 2025, candidates who pursued their PG medical education outside Rajasthan were barred from participating in online counselling for Senior Resident seats. Only if seats remained vacant after counselling would such candidates be considered.
Legal Arguments and Court Observations
Advocates Yashpal Khilery and Vinita Changal, appearing for the petitioner, challenged the validity of the policy. They argued that excluding candidates solely on the basis of their PG degree’s geographical origin violates the Constitution:
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Article 14: Right to equality — prohibits discrimination based on place of birth or origin
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Article 19(1)(g): Right to practice any profession or carry on any occupation
The counsel emphasized that 11 ENT Senior Resident posts under the non-service quota were still vacant across state medical colleges.
Agreeing with the arguments, the court held that prima facie, the state policy appeared discriminatory and unconstitutional. The court has directed the Medical Education Department and the state government to respond and granted interim relief to the petitioner, allowing her admission into the Senior Resident course.
Next Steps
The court has scheduled the next hearing for July 15, 2025 and has issued notices to all relevant respondents. The final verdict will determine the constitutional validity of Rajasthan’s exclusion policy for Senior Resident admissions.
Bhupendra Singh Chundawat is a seasoned technology journalist with over 22 years of experience in the media industry. He specializes in covering the global technology landscape, with a deep focus on manufacturing trends and the geopolitical impact on tech companies. Currently serving as the Editor at Udaipur Kiran, his insights are shaped by decades of hands-on reporting and editorial leadership in the fast-evolving world of technology.