SONY.S. PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are doctors who completed their Post Graduate course from Self-Financing Medical Colleges. They had been admitted to the colleges in the Government quota as per the seat-sharing agreement entered into between the Government and the Managements of Self-Financing Medical Colleges during the year 2019-20. The duration of the course was three years. The result of petitioners 1 and 2 was published on 11/7/2022, and the result of petitioners 3 and 4 was published on 24/12/2022. The 3rd respondent issued Exts.P1 and P2 communications to petitioners 1 and 2 seeking to enforce the bonded obligation to serve as Senior Resident as stipulated in the prospectus and G.O.(MS) No.45/2019/H&FWD dtd. 18/3/2019. The letter also said that there is such a requirement as has been reiterated by this Court in its decisions. The petitioners 3 and 4 were not issued with any such communications. It is stated in the writ petition that the 1st petitioner was constrained to join duty as Senior Resident in the college on 26/9/2022 since the college authorities were not ready to return the certificates. It is in the above circumstances that the writ petitioners have approached this Court praying for a declaration that bonds similar to Ext.P3 executed by the petitioners are unenforceable and that the 2nd respondent college has no power or authority to insist that the petitioners discharge the bonded obligation so created. There is also a prayer for directing the respondent colleges to relieve the petitioners from the bonded obligation and to return the certificates produced by them at the time of admission and the provisional certificates issued to them by the University forthwith and for a declaration that the provisions contained in Clause 12-1(b) of Ext.P5 is unenforceable and unconstitutional.

(2.) The respondents have filed counter affidavits affirming that the students are liable to serve the bond period.

(3.) Heard Sri Cibi Thomas on behalf of the petitioners, the Government Pleader on behalf of respondents 1, 5, and 6, Sri.S.Sreekumar, Senior Advocate instructed by Sri.Arun Varghese, on behalf of respondents 2 and 3, Smt.Mary Benjamin on behalf of the 4th respondent and the Standing Counsel for the 7th respondent.