RAKESH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these four writ petitions have been filed by as many as 91 petitioners who were selected for admission to post -graduation courses in various specialties in different medical colleges of Rajasthan. Petitioners have challenged the condition imposed by the government of requiring them to submit bank guarantee in a sum of five lac rupees with stipulation that they shall not leave or resign post -graduation study course during mid stream.

(2.) CONTENTION of Shri Sunil Kumar Singodiya and Shri Ram Kumar Sharma, learned counsel appearing on behalf of petitioners, is that said condition is highly unreasonable inasmuch as many of students, who come with humble background from rural areas, cannot afford to give bank guarantee of five lac rupees, which is a waste inasmuch blocking that good amount for total duration of two years, which may have exceeded total fees which they would be required to otherwise pay to government medical college concerned. Petitioners have been selected for admission on the basis of their merit and by imposing a condition like this, respondents are seeking to eliminate meritorious students in favour of moneyed ones. Learned counsel submitted that petitioners are agreeable to furnish bonds, which was a condition imposed by the government from the year 2008 onwards and which condition is proved as an effective deterrence against intention of medical students leaving or resigning post -graduation courses during mid stream, and condition of submitting bank guarantee is discriminatory. It is therefore prayed that condition inserted in the notification dated 02.04.2011 be declared illegal and be quashed and set aside.

(3.) MRS . Shruti Dixit, learned Deputy Government Counsel, appearing on behalf of the respondents State has filed an additional affidavit on behalf of the Government and enclosed therewith a chart of previous five years indicating number of seats which remained vacant on account of leaving/resigning by students after admission to post -graduation study courses in six government medical colleges of the State. It is argued that bond is obtained only till the time the students are required to appear in counselling. Once they are selected for admission, the bonds are returned back to them on their submitting bank guarantee at the time their joining. It is argued that in similar circumstances when students are admitted to private medical colleges, a very heavy amount is paid by them by way of capitation fee as well as regular fee; and, as compared to that, the bank guarantee of five lac rupees is very negligible.