YASH DINESHCHANDRA GAJJAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner upon completion of his M.B.B.S. Course from a government medical college, furnished a bond so as to undertake to serve in a rural area for the bond period of three years. In pursuance of such bond, by order dated 07th August, 2015 passed by the Commissioner, Health, Medical Services and Medical Education, Gandhinagar, the petitioner came to be posted at Community Health Centre, Detroj, District Ahmedabad. The three years bond period nearing expiration, the competent authorities corresponded inter se to proceed to provide that the services of the petitioner shall come to an end with effect from 02nd September, 2018 upon completion of bond period.

(2.) By invoking the jurisdiction of this Court under Article 226 of the Constitution, it is these communications dated 25th April, 2018 and 06th July, 2018 that are prayed to be set aside by the petitioner seeking the same to be declared as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution. The petitioner wants the authorities to regularise his services claiming that he was appointed on a permanent post.

(3.) The petitioner was placed as Medical Officer, Class II in the pay-scale pursuant to aforesaid office order dated 07th August, 2015. The Government Resolution dated 28th June, 2013 of the Health Department evinces a policy that all students who have studied medical at the government colleges have to compulsorily render services for three years by giving bond as per the condition of the bond in the rural areas in any district across the State. Since the said three year period for which the petitioner was made to serve expired, it was made afoot as per the impugned inter se communication between the authorities for taking formal action of termination of the services of the petitioner.