BHIMRAO RUPSINGH PAWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this present petition seeking direction to release him from the bond condition and return him the original documents.

(2.) The petitioner, after completion of the MBBS Course, appeared in the counselling and was allotted a seat for the Post-Graduation in MD General Medicine. The result was declared on 14/4/2017. He submitted a bond for serving in the rural area for a period of one year and, in lieu of which, he will have to make a payment of Rs.10.00 lacs. The bond was executed and submitted on 3/7/2014. The said bond was executed in the year 2014 but was made applicable for admissions under the Pre P.G. Rules of 2014. According to the petitioner, no posting order was issued within three months of the date of passing of the examination and declaration of result; therefore, he is relieved from the rural posting as held in W.P.No. 13445/2018 [Rahul Mittal Vs. State of MP and others]. Hence, his documents are liable to be released.

(3.) After notice, the respondents filed a reply by submitting that the petitioner has completed his Post Graduation in MD General Medicine on 14/4/2017 from Jiwaji University, Gwalior. The respondents admit that the order for rural posting has not been issued to the petitioner, but he took admission in PG Course in the year 2013 under the M.P. Medical & Dental Post Graduate Entrance Examination Rules, 2013. But, he did not pass the examination along with the batch of 2016. He cleared his PG Course in April 2017, and the result was declared on 14/4/2017. The posting order was issued on 14/9/2023 by posting him in the District Hospital, Bhind. Although Rule 11 provides that the petitioner is relieved from bond due to nonissuance of a posting order within three months but he will have to work under the State Government. The petitioner has not joined in the District Hospital, Bhind, as certified by the CMHO, Bhind, on 11/10/2023. The bond conditions are binding on the petitioner, and he cannot treat himself as withdrawn as has been held by the Supreme Court in the case of Association of Medical Super Speciality Aspirants and Residents and others Vs. Union of India and others, (2019) 8 SCC 607 and judgment passed by the Division Bench of this Court in Dr.Vaibhav Yawalkar & others Vs. Union of India and others [W.P.No.9857/2014]. Hence, the petition is liable to be dismissed.