SHAILESH Vs. MEDICAL EDUCATION DEPARTMENT

JUDGEMENT

(1.) According to the petitioner, after passing three years Post Graduation Course in Department of Community Medicine from Devi Ahilya Vishwavidyalaya, Indore, he gave a bond that after Post Graduation Degree Course, he will work for a period of one year in Government Service and in case for some reason, he fail to do the same, then he will pay Rs. 10,00,000.00 (rupees ten lakh) to the Government. This bond was submitted by the petitioner on 03.09.2013 (Annexure A/4); Clause (2) of Paragraph No.4 (c) of the bond is relevant, which reads, as under: ...[VERNACULAR TEXT OMITTED]...

(2.) In pursuance to the aforesaid bond, he was appointed on 12.01.2017 (Annexure P/5) to work at Chief Medical and Health Officer, Ujjain. On 25.01.2017 (Annexure P/9), he submitted his joining at Ujjain. He, without challenging the validity of Rule 11 of Madhya Pradesh Medical and Dental Post Graduate Course Entrance Rules, 2013, filed the present writ petition and prayed for issuance of writ of mandamus, directing the respondents to return all his original documents.

(3.) It is submitted that the petitioner will complete his one year service on 24.01.2018 and in between he is applying for appointment at number of places and all those places require original documents, which are at present are lying with the respondents, and therefore, the respondents be directed to return the original documents to him, so that he may produce all those documents to the authorities concerned at the time of his appointment. He has also drawn our attention to Annexure P/10 and Annexure P/11 and submitted that in those matters, interim protection was granted to the writ petitioners therein, restraining the respondents from taking any coercive action in the matter to compel the petitioners therein to submit the bonds, as stipulated in the impugned notification. With the aforesaid, learned counsel for the petitioner has submitted that the original documents be returned to the petitioner.