LAWS(GJH)-2023-7-1035

PRATIK MAHAVIR CHUDIWAL Vs. STATE OF GUJARAT

Decided On July 25, 2023
Pratik Mahavir Chudiwal Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned Advocate Mr. Het N. Shah on behalf of the petitioner, learned AGP Mr. Sahil Trivedi for the respondents No. 1 and 2 and learned Advocate Mr. Mitul Shelat with learned Advocate Ms. Disha N. Nanavaty on behalf of the respondents No. 3 and 4.

(2.) By way of this petition, the petitioner has sought for various prayers and whereas learned Advocate Mr. Het N. Shah, under instructions, would submit that the petitioner would restrict scope of the petition only with regard to prayers (27)(A) and (27) (B) which are reproduced hereinbelow :

(3.) It would appear that the present petitioner has been granted admission in MBBS Course against Jain Minority Quota for Batch-2016- 2011 in Smt. B.K. Shah Medical Institute and Research Center under Sumandeep Vidyapeeth Deemed University, Waghodia, District Vadodara. It would appear that the petitioner has completed his MBBS Course and has also completed his internship. It would appear that the fees for Jain Minority Quota, was a reduced fees as compared to the General Category fees and whereas the petitioner for availing of the said benefit had been required to execute a bond and whereas according to the bond, if the petitioner does not fulfill the service liability, then the petitioner would have to pay the difference of fees between General Category and Jain Category with 12% interest per annum. While it would appear that various contentions have been raised in the petition, it is required to be noted that the petitioner, had been issued with a letter of appointment as a Tutor in the Microbiology Department of the respondent- Institue from 13/5/2022 i.e. as per the requirement of the undertaking and whereas the petitioner has started working as Tutor from 13/6/2022 and working till date. It is submitted on behalf of the petitioner that while the requirement of the undertaking/bond is that the petitioner should work for 24 months and whereas the petitioner has already put in 14 months of his service.