MAHESH KUMAR P.S. Vs. STATE OF RAJ.

JUDGEMENT

(1.) THESE writ petitions under Article 226 of the Constitution of India have been filed by the petitioners, who after passing the Pre P.G. Examination joined P.G. Course in respective specialities; at the time of joining the P.G. Course, the petitioners executed surety bond for a sum of Rs. 3,50,000/ - and also submitted bank guarantee for a sum of Rs. 1,50,000/ - in case of their leaving course prematurely. Further the bond provided for refund of the stipend received during the period of P.G. Course.

(2.) THE petitioners got other options in P.G. by way of appearing in National Eligibility cum Entrance Test ('NEET') and joined courses with other institutions; when the said bank guarantees were invoked and the bonds were enforced by the respondent State, the petitioners were told to deposit the amount of stipend and, on failure to do the same, the respondents refused to release the original certificates, which led to filing of the present writ petitions questioning the legality and validity of recovering the stipend amount as well as enforcing the surety bond to the tune of Rs. 5, 00,000/ -.

(3.) IT is submitted by both the learned counsel that the issue pertaining to enforcement of surety bond stands concluded by order of this Court passed in S.B. Civil Writ Petition No. 3000/2011 (Dr. Vishnu Sharma v. State of Raj. & Ors.) decided on 07.04.2011, wherein, the condition of paying the amount of Rs. 5,00,000/ - on leaving the course in between has been upheld by this Court and the issue pertaining to refund of stipend amount stands concluded by order of this Court in Dr. Prafull Mehta v. State of Rajasthan & Anr. : : 2014(4) WLC (Raj.) 116, wherein, the condition of paying the stipend back, in case a student leaves P.G. Course before its completion, was declared void and was quashed and set aside and, therefore, the present writ petitions be decided in the light of two orders of this Court.