JAIPRAKASH Vs. STATE OF RAJ

JUDGEMENT

(1.) The petitioner was admitted to MD (Anesthesia) following NEET PG 2017 at the Sardar Patel Medical College and Associated Group of PBM Hospitals Bikaner (hereafter 'the College'). As the pre-condition of the admission was, he deposited all his original certificates and documents pertaining to his service record and was required to execute a bond of Rs. five lacs - which was bifurcated into a bank guarantee of Rs. one lac fifty thousand and a surety bond of the remainder Rs. three lacs fifty thousand on a non judicial stamp paper. He also, as required, further submitted two sureties on the prescribed proforma. In terms of the surety bond which the petitioner was required to execute he undertook that in the event of his leaving the course before its completion and otherwise on non fulfillment of the conditions of his admission, the respondent - College would have a right to retain the original certificates and require payments under the bond. The petitioner admittedly complied with the conditions of his admission and submitted a surety bond of Rs. three lacs fifty thousand aside of a bank guarantee of Rs. one lac fifty thousand. Two sureties in the prescribed proforma were submitted and the original certificates as also service record of the petitioner deposited with the respondent-College.

(2.) The petitioners then could not continue with the MD (Anesthesia) course to which he was admitted and had since abandoned the said course. His admission was also terminated by the respondent-College and he was required to deposit a sum of Rs. five lacs under his surety bond.

(3.) The petitioner's case is that for reasons of his poor financial condition, his father being an agriculturist, he is not in a position to pay the amount of Rs. five lacs under the surety bond executed in favour of the University. And no occasion of returning the stipend arises as it was never availed by him or paid to him. It has been submitted that the petitioner has appeared in NEET, 2018 and again being successful as he was in NEET 2017, he hopes to get admission into a PG course of his interest/ choice. For that at the counselling for the purpose he requires the original documents of his educational qualifications submitted with the respondent - College at the time of his admission into PG (Anesthesia) in the year 2017 and the service records. That however is being retained by the respondent - College for reasons of non payment of the amounts due under the surety bond.