PARMITA TIWARI Vs. PRINCIPAL GOVERNMENT MEDICAL COLLEGE

JUDGEMENT

(1.) The petitioner is a native of Chattisgarh State. She got admission to M.D. course in the Government Medical College, Thiruvananthapuram under All India quota. Though the petitioner completed the course and passed the examinations, the original certificates furnished by the petitioner at the time of admission, including her Registration Certificate as a medical practitioner, are not returned on the ground that the petitioner had executed a bond to serve the State for a period of one year after completing the course or on default, to pay a sum of Rs.20,00,000/- by way of liquidated damages and that she has not discharged her bonded obligation to serve the State nor did she pay the liquidated damages agreed. According to the petitioner, she got admission under the All India quota and that therefore, she was not obliged under law to execute the bond; that the bond has been executed by the petitioner under the mistaken impression that she was bound to execute the bond and that therefore, the certificates cannot be withheld for having not discharged the said bonded obligation. The petitioner, therefore, seeks a declaration that she is not liable to discharge the bonded obligation. She also seeks directions to the first respondent to release/return her original certificates.

(2.) Heard the learned counsel for the petitioner as also the learned Government Pleader.

(3.) The learned Government Pleader contended that the issue raised in the writ petition is covered against the petitioner by the decision of this Court in W.P.(C) No.31690 of 2016, wherein, it was held that even students who got admission under the All India quota are liable to execute the bond and discharge the bonded obligation. It is pointed out by the learned Government Pleader that Ext.P2 prospectus authorises the Principal of the College to withhold the certificates of the students who have not discharged the bonded obligation and it is in accordance with the said terms of the prospectus that the original certificates of the petitioner are withheld. It is, however, conceded by the learned Government Pleader that the said judgment has not become final and W.A.No.2392 of 2016 preferred by the petitioners in the said case is pending consideration.