ABHISHEK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition is taken up today through Video conferencing.

(2.) The present writ petition has been filed for quashing the resolution as contained in Memo no.9/Chi.Maha-07-08/2014 (part-1)-179(9) dtd. 24/4/2018 (hereinafter to be referred as "Resolution of 2018") and the new format of bond issued under the signature of the Principal Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand (the respondent no.2) whereby the condition of serving in the State of Jharkhand for one year has been increased to three years and in default, the amount payable by the Postgraduate (Medical/MDS) students has been increased from Rs.15.00 lacs to Rs.30.00 lacs along with recovery of stipend as well as other allowances received by them for pursuing the P.G. course. Further, if they opt not to take admission after selection or leave the course before completion, the amount payable by the students of P.G. (medical/MDS) course has been increased from Rs.10.00 lacs to Rs.30.00 lacs along with recovery of stipend and other allowances paid to them during the course.

(3.) The factual matrix of the case as stated in the writ petition is that on 17/10/2017, the National Board of Examinations (NBE) published an advertisement for the National Eligibility-cum-Entrance Test (NEET) (Postgraduate), 2018 for admission to MD/MS/Postgraduate diploma courses, 2018. The petitioners qualified in the said entrance test and thereafter counselling process was conducted by the Medical Counselling Committee under the Director General of Health Services, Ministry of Health and Family Welfare, Government of India. After completion of counselling process of several rounds, the petitioners qualified and opted for Rajendra Institute of Medical Sciences, Ranchi (RIMS, Ranchi). The last date of admission as well as for leaving the course after completion of 2nd Round of counselling was fixed as 23/4/2018. As per the terms and conditions of resolution dtd. 22/12/2015 which was in vogue during the said period, the petitioners signed the required bond and submitted all the documents as well as the certificates in original before the RIMS, Ranchi at the time of admission i.e., on 23/4/2018 which was the last date of joining. On the next date i.e., 24/4/2018, the impugned resolution as contained in Memo no.9/Chi.Maha-07-08/2014 (part-1)-179(9) was issued under the signature of the respondent no.2 making amendment to the earlier resolution dtd. 22/12/2015 (hereinafter to be referred as the "resolution of 2015"). According to the petitioners, as per Clause (iii) of the resolution of 2018, bonds were required to be taken from all the students of PG (medical/MDS) courses seeking admission in the Medical Colleges situated within the State of Jharkhand to the effect that an amount of Rs.30.00 lacs was to be recovered from those students who did not intend to take admission after selection. Further, Clause (iv) of the resolution of 2018 provided that a bond would be taken from all the students of Postgraduate (medical/M.D.S.) courses to the effect that those students who intended to leave the courses after taking admission or in the midst of academic session, they would be required to deposit Rs.30.00 lacs along with the amount of stipend as well as other allowances received by them during the course period in one go. As per Clause (V) of resolution of 2018, the students after completion of Postgraduate course were to compulsorily serve under the Government of Jharkhand for a period of three years, failing which an amount of Rs.30.00 lacs along with the amount of stipend as well as other allowances received by the students during the course was to be recovered in one go. The petitioners being aggrieved with the resolution of 2018 and under the pressure of signing the new bond in terms with the said resolution, approached the respondent no.2 on 4/5/2018 but the said respondent was adamant to impose the new bond upon the petitioners and was not ready to consider their grievances. The petitioners also represented before various authorities on the said issue, however no decision was taken in that regard. After strong agitation by the senior postgraduate (medical/MDS) students of the RIMS, Ranchi, the respondent-authorities decided that the impugned resolution of 2018 would not be made applicable to the senior students, rather the same would be applied to the students of new session i.e., the first year postgraduate (medical/MDS) students i.e., the petitioners, the session of which was going to start from 31/5/2018. Hence, the present writ petition.