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2008 Supreme(SC) 1340

S.H.KAPADIA, ARIJIT PASAYAT
Union of India – Appellant
Versus
Priyankan Sharan – Respondent


JUDGMENT

Dr. ARIJIT PASAYAT, J. - Leave granted.

2. The core question is whether the respondents prayer for discharge of bond executed to serve the nation for a period of five years on the ground of medical disability has been rightly accepted by the High Court?

3. The High Court by the impugned order held that in each case the respondents were required to deposit of rupees one lakh and on such deposit there was no further liability.

4. Factual position is almost undisputed.

5. In each case the appellant sought to invoke the bond agreement executed. The two respondents in Civil Appeal arising out of SLP (C) No. 580 of 2005 and the respondents in other Civil Appeal arising out of SLP (C) No. 25514/2004 had taken admission to the MBBS Degree Course of Armed Forces Medical College, Pune. At the time of admission they being minors their guardians had executed the bonds to the effect that after completion of MBBS course, the students in question shall serve the nation by working in the Armed Force for a specific period of time.

6. Clause 4 of the agreement dealt with a situation when a cadet shall be declared to have become Non Service Liability (in short `NSL) in the event of any of th



































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