KRISHN PRATAP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE facts of the case are that the petitioner has passed MBBS from Shyam Shah Medical College, Rewa. He has applied for contract appointment in the State of Madhya Pradesh as Medical Officer wherein he was selected and appointed vide order Annexure-P-2 dated 14.5.2010. As per the terms and conditions of the said appointment order, he is required to serve in rural and remote areas of the State of Madhya Pradesh to which he was required to furnish a bond. THE said bond consists with a bank guarantee of an amount of Rs. 40,000/- in violation of any of the conditions as specified in the appointment order such bond is required to be forfeited. Condition No. 5 of the order of contract appointment of the petitioner specifies that the State may terminate the services by giving a notice of 7 days and the employee concerned is not supposed to leave the job during the period of one year otherwise in consequence thereto bond may be forfeited. It is also the condition that the said appointment shall not be extended after one year and on the basis of one year employment he cannot claim any lien either for contract appointment or for regular appointment. It is the further case of the petitioner that in Uttar Pradesh Public Service Commission regular posts of Medical Officers have been advertised wherein he has applied, called for interview and selected as per result published vide Annexure-P-6. THE petitioner is required to furnish registration in Uttar Pradesh Medical Council to get such employment, however, an application was submitted by him on 24.11.2010 Annexure-P-7 to grant such permission which was refused vide order dated 24.12.2010. A copy of the said document has been produced by the learned Govt. Advocate for perusal of this Court and taken on record.

(2.) THUS the case of the petitioner is that if the permission for registration in Uttar Pradesh Medical Council is not granted he shall be deprived for the regular appointment on the post of Medical Officer in State of Uttar Pradesh in which he has been selected by the Uttar Pradesh Public Service Commission. It is also the case of the petitioner that he has consented to get the bank guarantee forfeited so furnished by him, however refusal to grant no objection and permission by Director, Health Services of State of M.P. for registration of the petitioner in Uttar Pradesh Medical Council prior to completion of one year service is unreasonable and violative of Articles 14 and 16 of the Constitution of India. It is the further contention of the petitioner that by an act of State authorities a person cannot be deprived by regular appointment in other States particularly when he is ready to forgo his bond and the Government is at liberty to realise the amount of bond furnished by him. In view of the foregoing, it is urged that the order dated 24.12.2010 refusing to grant permission may be quashed and the respondents may be directed to grant no objection and permission for registration of the petitioner in Uttar Pradesh Medical Council where he has also been selected as Medical Officer in Uttar Pradersh P.S.C.

(3.) FROM bare reading of the aforesaid it is apparent that the Government may terminate the services by giving 7 days notice but the employee cannot leave the job. In any case if he leaves the job, the amount of bond shall be forfeited. It is also apparent that the said employment is only for one year and the employee concerned cannot claim any lien either for contract or for regular appointment or of seniority. The petitioner has furnished bond, Language of the said bond is reproduced as under: - "Dear Sir, Guarantee No. 04911LG000710 Amount of Guarantee Rs.40000/- (Rupees Forty Thousand only) Guarantee cover from 08.04.2010 to 07.04.2011 for the period of one year. Last date for lodgment of claim 07.04.2011. This deed of guarantee executed by the Punjab National Bank of Rewa India having its local Head Office at New Delhi and other places a "Branch Bank" Main Branch Rewa (MP) (here in after referred to as "The Bank" agrees issue a bank guarantee in favour of the Government of Madhya Pradesh, Medical Education Department, Mantralaya, Bhopal (M.P.) (here in after referred to as "The Beneficiary) for an amount not exceeding Rs. 40000/- (Rupees Forty Thousand only) at the request of Dr. Krishna Pratap Singh (hereinafter referred to as the Contractor). This Guarantee is issued subject to the condition that the liability of the Bank under this Guarantee is limited to a maximum of Rs. 40000/- (Rupees Forty Thousand only) and the Guarantee shall remaining full force up to 07.04.2011 (Date of expire) and cannot be invoked otherwise than by a written demand or claim under this Guarantee served on the Bank on or before 07.04.2011 (last date of claim). The said Guarantee is issued at the request of Dr. Krishna Pratap Singh S/o Shri Lalla Singh for the purpose of the bond submitted by Dr. Krishna Pratap Singh stating that