HARPREETSINGH GILHOTRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order passed by the learned Single Judge in SCA No. 1485 of 1999 on March 1, 1999.

(2.) Appellants were the original petitioners. They filed the above petition for an appropriate writ, direction or order quashing and setting aside a memorandum dated May 20, 1996 , Annexure `E' to the petition as also a communication dated March 31, 1998, Annexure `F' to the petition by which the petitoners were required to execute a bond that they will serve in rural area for a period of three years after completion of Post Graduate Study.

(3.) Appellants-ptitioners are the post-graduate students in various disciplines of medical science at Sir M.P. Shah Medical College, Jamnagar. They have come ofrom different parts of the country. They were eligible for post graduate courses in different disciplines of medical science on their passing of All India Entrance Examination for admission to post graduate courses conducted by All India Institute of Medical Science on allocated seats in the State of Gujarat. On March 31, 1996, the petitioners joined their respective courses in the above college. On October 7, 1993, the State of Gujarat, through Health and Family Welfare Department, Gandhinagar issued a resolution . Clause 15 thereof categorically stated that it would not be necessary to obtain any bond from the students who were appointed in residency or who were admitted in post graduate courses after passing of All India Entrance Examination. On May 20, 1996, however, a communication was addressed by the Dean, M.P.Shah Medical College, Jamnagar which directed the petitioners to execute such bond. It was also stated that breach of any conditions of the said bond would entail penalty of Rs. 75,000.00. It further provided that persons who would stand as surety must have settled in Gujarat State and must possess property in Gujarat. In case of failure of furnishing solvency certificate as required, bank guarantee of Rs. 75,000.00 would have to be furnished. It was also made applicable to students who were admitted on All India Entrance Examination quota. It was the case of the petitioners that being aggrieved by the said communication , certain post graduate students filed a petition, being SCA No. 4318 of 1996 and this Court (Coram: N.N. Mathur, J) on June 25, 1996, passed the following order :