ABHISHEK SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this writ petition praying for setting aside of the second bond which has been executed by him. He has also prayed for a direction to respondents to give him NOC and relieve him from the bond conditions.

(2.) The facts necessary for decision of this case are that the petitioner was initially appointed as Associate Professor (Bio-Chemistry) vide order dtd. 6/4/2018 in the Govt. Medical College, Datia (for brevity 'College'). As per Clause 3 of the said appointment order, the petitioner was required to serve the College up to the age of 65 years or for a period of 3 years from the date of appointment, whichever is earlier. He was required to execute a properly stamped bond in this regard. It is also mentioned in the said clause that on violation of its condition, the petitioner would be required to pay amount equal to one year salary.

(3.) The petitioner performed his duties as Associate Professor for about three years. The College, thereafter, invited applications for appointment on the post of Professor by way of direct recruitment vide advertisement, dtd. 17/9/2022, (Annexure P/2). Clause 4 of the advertisement under heading [XXXXXXXXXXX], provides for the similar condition of execution of bond, giving an undertaking to continue on the post up to the age of 65 years or for a period of three years from the date of appointment. Clause 4 being relevant is reproduced hereunder:-