PRAFULLA MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this writ petition with the following reliefs: It is, therefore, humbly prayed that the Writ petition may kindly be allowed and by an appropriate, order and direction -

(2.) BRIEF facts of the case are that the petitioner has done his MBBS (Bachelor of Medicine and Bachelor of Surgery) from Dr. S.N. Medical College in 2010. After appearing in Pre -PG Examination, 2011, the petitioner was allotted 'Radiotherapy' for pursuing Post Graduation Course vide letter dated 12.04.2011. At the time of reporting, the petitioner was asked to submit surety bond on non -judicial stamp of Rs.100/ - containing an undertaking that he would undergo entire course on regular basis and if he leave the course before its completion, he would pay a sum of Rs.5,00,000/ -. As per the case of the petitioner, at the time of reporting for pursuing Post Graduate Course, in pursuance of the order dated 12.04.2011, the petitioner was asked to furnish his original documents such as mark -sheet, certificate, secondary school mark -sheet etc. along with a surety bond on non -judicial stamp of Rs. 100/ -containing an undertaking that he would undergo entire course on regular basis and if he leaves the course before its completion, he would pay a sum of Rs. 5,00,000/ -. As per the petitioner, he was asked to submit the said surety bond along with two sureties of two persons on a proforma, and in pursuance of that, the petitioner has submitted the same on 18.04.2011. It is further stated by the petitioner that when he reported for joining the course, he was asked to furnish a surety bond of Rs.3,50,000/ - and a bank guarantee of Rs.1.50,000/ -along with the stipend in case he leaves the course before its completion and in case of non -fulfillment of the said conditions, the respondents shall have a right to retain the original certificates of the student and as the petitioner was desirous to pursue the P.G. Course, he had no other option except to furnish such undertaking. As per the case of the petitioner, while pursuing the P.G. Course with the respondent, he appeared in All India Pre -P.G. Course Examination, 2012, where he secured 1226 rank at all India level and, therefore, he decided to leave the P.G. Course in Radiotherapy and moved a representation to the State Government with a request to relax or waive the condition of depositing of Rs. 5,00,000/ - as well as the stipend received by him. The petitioner moved another representation to the respondents with a request to handover the set of original documents, in which it was stated by the petitioner that he is prepared to furnish the bank guarantee of Rs. 3,50,000/~ and assured that he would return the set of documents and continue the P.G. Course in Radiotherapy, if he does not get better branch as per his ranking in All India Pre -P.G. Examination 2012 and has also stated that if he does not report for the present course by 30.04.2012, the college may encash both the bank guarantees and recover the sum of Rs.5,00,000/ - contemplated in surety bond. The case of the petitioner is that the respondent No.2 has refused to return the original documents of the petitioner and asked him to pay a sum of Rs.2,38,000/ - received by him as stipend in addition to Rs.5,00,000/ - as contemplated in the surety bond.

(3.) THE petitioner has filed this writ petition, while challenging the action of the respondents of recovering the amount of the respondents of recovering the amount of Rs.2,38,000/ - paid to him as stipend. The petitioner has claimed that the recovery of the stipend paid to him is absolutely illegal and arbitrary and violative of fundamental rights of the petitioner. It is also contended that the stipend paid by the respondents to the petitioner was in lieu of the services rendered by him in the hospital while pursuing the P.G. Course and the said amount is not liable to be recovered. The petitioner has also contended that the action on the part of the respondents to recover the stipend and taking surety/undertaking to refund the stipend amount is illegal and arbitrary. It is contended that the said condition of paying the stipend is illegal and deserves to be quashed and set aside as being violative of Articles 14, 19(1)(g) and 300 -A of the Constitution of India.