LAWS(PAT)-2020-5-4

RANJAN SINHA Vs. STATE OF BIHAR

Decided On May 27, 2020
Ranjan Sinha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The instant writ application has been filed by the petitioners for directing the respondent authorities to grant study leave to the petitioners so that they may pursue their higher education as they have been qualified and selected in DNB PDCET 2020 conducted by the National Board of Examination (NBE) in their respective subjects after completing their MBBS and Post Graduate Diploma course from Patna Medical College and Hospital (PMCH).

(2.) The petitioners have also sought a direction for returning their original educational certificates submitted by them at the time of taking admission in Post Graduate Diploma course at PMCH for the Sessions 2017-19 so that they may participate in the counseling of DNB PDCET 2020.

(3.) Mr. Bindhyachal Singh, learned counsel appearing for the petitioners submitted that the action of the respondents in not granting study leave/temporary exemption to the petitioners from the condition of bond is arbitrary, malafide and bad in the eyes of law. He submitted that the respondents have failed to appreciate that the petitioners are not asking for permanent exemption rather they are asking for temporary exemption from performing three years of mandatory service in order to complete their further studies for which they have been selected. According to him, if the petitioners are compelled to leave their studies and enter into employment at this stage itself, it would act as a great obstacle for them to compete in any competitive examination after a period of three years as the intellect of the petitioners would not be the same. He argued that the right of the petitioners to pursue higher studies is an important right in order to provide specialized service to the public in general. He also argued that the petitioners' right to carry on their profession which is guaranteed by Article 19(1)(g) of the Constitution of India is violated by the compulsory bonds.