REKHA R Vs. UNION OF INDIA

JUDGEMENT

(1.) It is a defendants' appeal. The present respondent as a plaintiff had instituted a suit against the present appellants arraigning them as defendants in O.S.No.4701/2008 in the Court of the learned 42nd City Civil and Sessions Judge, Bangalore City (CCH-43) (hereinafter for brevity referred to as "Trial Court") for recovery of a sum of Rs. 5,00,000/- along with interest at the rate of Rs. 12% per annum from the date of suit till realisation.

(2.) The summary of the case of the respondent/ plaintiff in the Trial Court was that, the Armed Forces Medical Service (hereinafter for brevity referred to as "AFMS") fills up vacancies that arise in the said service and therefore, conducts campus selection for students aspiring to join AFMS. The AFMS conducts Post Graduation courses for selected students in different branches of Medicine at designated Defence Hospitals to make them specialist Medical Officers. Accordingly, defendant No.1 was selected to undergo Post Graduation course in D.A. at Command Hospital, Air Force, Bangalore, which is affiliated to Rajiv Gandhi University of Health Sciences (hereinafter for brevity referred to as "RGUHS") and defendant No.1 joined the Post Graduation course in the year 2003 and successfully completed the said course by passing in April 2005.

(3.) The selection and admission of defendant No.1 to the said Post Graduation course was based on an Undertaking given by defendant No.1 on the surety- ship of defendant No.2 (father of defendant No.1) that on successful completion of Post Graduation course by her, she would serve in the Defence force at least for a period of five years as a Short Service Commissioned Officer (hereinafter for brevity referred to as "SSCO"). Defendant No.1 executed a bond of Undertaking in that regard, joined by her father - defendant No.2 who stood as a surety. It was further agreed to by the defendants in the very same bond that, in case of any default on the part of defendant No.1 by which she fails to join the defence service as a 'SSCO', the defendants would pay a sum of Rs. 5,00,000/- to the plaintiff as liquidated damages.