JUDGMENT :

The instant writ application has been filed by the petitioners for directing the respondent authorities to grant study leave to the petitioners so that they may pursue their higher education as they have been qualified and selected in DNB PDCET 2020 conducted by the National Board of Examination (NBE) in their respective subjects after completing their MBBS and Post Graduate Diploma course from Patna Medical College & Hospital (PMCH).

2. The petitioners have also sought a direction for returning their original educational certificates submitted by them at the time of taking admission in Post Graduate Diploma course at PMCH for the Sessions 2017-19 so that they may participate in the counseling of DNB PDCET 2020.

3. Mr. Bindhyachal Singh, learned counsel appearing for the petitioners submitted that the action of the respondents in not granting study leave/temporary exemption to the petitioners from the condition of bond is arbitrary, malafide and bad in the eyes of law. He submitted that the respondents have failed to appreciate that the petitioners are not asking for permanent exemption rather they are asking for temporary exemption from performing three years of mandatory service in order to complete their further studies for which they have been selected. According to him, if the petitioners are compelled to leave their studies and enter into employment at this stage itself, it would act as a great obstacle for them to compete in any competitive examination after a period of three years as the intellect of the petitioners would not be the same. He argued that the right of the petitioners to pursue higher studies is an important right in order to provide specialized service to the public in general. He also argued that the petitioners’ right to carry on their profession which is guaranteed by Article 19(1)(g) of the Constitution of India is violated by the compulsory bonds.

4. Mr. Singh submitted that the impugned action on the part of the respondents in not granting study leave/temporary exemption to the petitioners is violative of Articles 14, 15, 16 and 21 of the Constitution of India.

5. Per contra, Mr. Sudhir Kumar Singh, learned counsel appearing on behalf of the State submitted that after completing the MBBS course from various colleges, the petitioners were selected for Post Graduate Diploma course in various subjects at PMCH under the Bihar State quota and at the time of taking admission the petitioners were required to sign a bond giving a declaration that after completing their Post Graduate Diploma course they would provide mandatory three years service to the State of Bihar. He contended that all the petitioners voluntarily signed the bond and completed their Post Graduate Diploma course. He submitted that as per the condition of the bond if any of the candidates desired to leave the course in middle of the session, he could have done so by depositing an amount of Rs.15,00,000/- to the Health Department along with the total stipend received in one installment. It was also one of the requirement of the bond that if any of the candidates would not render his three years of mandatory service to the State of Bihar on completion of his Post Graduate Diploma course, he would have to deposit an amount of Rs.25,00,000/- to the State Government along with total salary received for the period. He submitted that Post Graduate Diploma course in PMCH, a Government College, is highly subsidized. The petitioners secured admission in Post Graduate Diploma course after taking an informed decision to receive medical education at highly subsidized rate. Hence, after completing their course, they cannot be permitted to question the compulsory medical service bonds. He further contended that the policy decision taken by the State Government to utilize services of the doctors, who are beneficiaries of Government assistance to complete their education, cannot be termed to be arbitrary or unreasonable.

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