ASWATH KUMAR R Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these eight Special Civil Applications are based on identical facts and involve common question of law and, therefore, I propose to decide all these Special Civil Applications by this common judgment and order.

(2.) The petitioners herein are Medical Graduates seeking admission in Post Graduate courses (herein after referred to as "P.G. Course') in Medical Faculty in different disciplines in the Medical Colleges in the State of Gujarat on the basis of All India Entrance Examination against 25 percent of the seats in P.G. Course. They seek to challenge the Government Resolution dt.16.5.96 issued by the Health and Family Welfare Department being Resolution No.MCG-1096-1418-J. The grievance is raised by the petitioners against this Government Resolution dt.16.5.96 in the context of the earlier Government Resolution dt.7.10.93 issued by the Health and Family Welfare Department of the Government of Gujarat being Resolution No.MCG-1093-452-J. Learned counsel for the petitioners has pointed out that in terms of this Resolution dt.7.10.93, bonds were being taken by the Government of Gujarat for providing services in rural areas in the State for a minimum period of two years in the public interest and for the purpose of providing proper medical facility. For breach of such bond, certain amount was to be recovered. The duration and amount was determined from time to time. In the very same Government Resolution dt.7.10.93 it was provided at Item No.15 thereof that bond shall not be taken from those students who have got admission for the study of P.G.course after passing All India Entrance Examination or who have been appointed in Residency and in the same way bond shall not be taken from those students who have got admission, for study of P.G.course after completion of graduation in M.B.B.S./ B.D.S. under 15% quota and it was resolved to give exemption from bond to them. Now in terms of the Government Resolution dated 16.5.96, it has been resolved to take/demand bond for rural service from those students also, who are getting admission in the State Medical/Dental Colleges in the study of graduation or post graduation on the basis of All India Entrance Examination. The operative part of this Resolution is reproduced as under:-

(3.) The learned counsel for the petitioners has submitted that the requirement of taking such a bond is unreasonable and discriminatory and further that for the students coming from other States, on the basis of All Indian Entrance Test, it may not be possible to get surety of a person, who has stayed in Gujarat nor it is possible for him to get the solvency of the surety belonging to any other State to be verified from the authority in the State of Gujarat. Rule was issued in these cases and ad interim orders were passed directing that the requirement of the execution of the bond/bank guarantee in terms of the Government Resolution dt.16.5.96 shall not be insisted upon against the petitioners and they shall be allowed to prosecute their courses in case they are otherwise selected. So far no return has been filed on behalf of the respondents despite opportunities more than one.