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2018 Supreme(Cal) 302
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
Dipankar Datta, Shampa Sarkar, JJ.
The State of West Bengal and Others – Appellants
Versus
Dr. Rahul Bansal and Others – Respondents
A.S.T.A. No. 10 of 2018 in M.A.T. No. 507 of 2018
Decided On : 18-06-2018
For the Appellants : Mr. T.K. Mukherjee, Mr. Pranab Halder.
For the Respondents: Mr. Kallol Bose, Mr. Arik Banerjee, Mr. Rajib Mullick, Ms. Saheli Sen, Mr. Rakesh Sankar, Mr. D.N. Maiti, Mr. Supratic Roy.
The main legal point established in the judgment is that the terms of the indemnity bond govern the return of the documents/certificates, and the court upheld the writ petitioner's entitlement to the return of the documents/certificates as per the terms of the bond.
Headnote:
Bond - Medical Service - 1985 Act, Section 15 - The judgment discussed the writ petition filed by a doctor seeking the return of his documents/certificates, which were held by the State Government as per the terms of an indemnity bond. The court dismissed the appeal and ordered the return of the documents/certificates to the doctor.
Fact of the Case:
The writ petitioner, a doctor, sought the return of his documents/certificates held by the State Government as per the terms of an indemnity bond. The court disposed of the appeal and ordered the return of the documents/certificates to the doctor.
Finding of the Court:
The court found that the writ petitioner was entitled to the return of his documents/certificates as per the terms of the indemnity bond and dismissed the appeal.
Issues: The issues involved the jurisdiction of the court to entertain the writ petition, the disposal of the writ petition without a contested hearing, and the merits of the dispute regarding the return of the documents/certificates.
Ratio Decidendi: The court held that the writ petitioner was entitled to the return of his documents/certificates as per the terms of the indemnity bond. The court also overruled the objections raised regarding the jurisdiction of the court and the disposal of the writ petition without a contested hearing.
Final Decision: The court dismissed the appeal and ordered the return of the documents/certificates to the writ petitioner. The court also refrained from imposing costs on the parties.
Dipankar Datta, J.
1. The judgment and order dated May 21, 2018, which is under challenge in this intra-court writ appeal, disposed of a writ petition with certain directions on the very first day it was moved during the last summer vacation of this Court. While hearing an application for stay filed in the appeal, we have heard the parties on the merits of the appeal itself with their consent. We propose to dispose of the appeal and the application together by this judgment and order.
2. The writ jurisdiction of this Court had been invoked by the writ petitioner, who is the first respondent in this appeal, because the second to the sixth respondents in the writ petition (the principal respondents for short, hereafter) were not willing to return to him his documents/certificates relating to his achievements while he was pursuing studies to emerge as a qualified doctor. These included his (i) Bachelor of Medicine and Bachelor of Surgery (MBBS) certificate, (ii) permanent registration certificate of MBBS and (iii) 3rd Professional Part-II final year mark-sheet in original (the documents/certificates for short, hereafter).
3. Shortly put, the essential facts giving rise to the writ petition are these. The writ petitioner after acquiring a degree in MBBS from LLRM College, Meerut, Uttar Pradesh, participated in the All India Post-Graduate Entrance Examination in 2015 and was selected for admission in the MD (Psychiatry) course in the Institute of Post-Graduate Medical Education and Research Centre, Kolkata, West Bengal (the IPGMER for short, hereafter) under 50% All India quota. Having been admitted on May 28, 2015 in the IPGMER, the writ petitioner successfully completed the course and obtained diploma in MD (Psychiatry) in June, 2017. At or about the time of his admission in the IPGMER, the writ petitioner had to execute an indemnity bond. Although the bond itself is not on record, a specimen copy thereof was produced before us in course of hearing. We consider it proper to reproduce the same in its entirety herein-below:
Indemnity bond for the post graduate trainee (other than State Govt. of West Bengal sponsored in-service doctors) to serve the State Govt. of West Bengal.
Execution of bond by the candidate for PG Diploma course in.......at........Medical College situated in..........for the session.........
I, Sri/Smt...........S/o/D/o/W/o.........Resident of................selected for P G Diploma course in..........at............Medical College situated in......for the session............do hereby state that after successful completion of the Post Graduate course in State Medical Teaching Institutions in West Bengal, shall abide by the terms and conditions of Govt. Notification No. HF/O/MERT/912/ME/MISC-78-13 dated 31.07.2013 as the same stands modified by the Government Notification No. HF/O/MERT/923/ME/MISC-78/13 dated 10.06.2014 both of MERT branch of Department of Health and Family Welfare Government of West Bengal to work in multispecialty/Super speciality Hospitals/Secondary/Tertiary level Hospitals in West Bengal for a continuous period of Two years to serve the people failing which, I shall be liable to recompense the State Government of West Bengal a penal amount of Rs. Ten Lakhs for each defaulting year while the State Government of West Bengal shall be at liberty to realise the said penal amount from me in accordance with law.
I do hereby also accept the fact that all original documents (Mark Sheets, certificates and documents as required by the Department of Health and Family Welfare, Government of West Bengal from time to time) will be retained by the department of the concerned Medical Teaching Institution in West Bengal for the purpose of ensuring successful completion of the bond period or repayment of penal amount, as may be applicable by the same Government Notification as stated above. I further understand that during the bond period, I will be designated as Senior Resident and it shall be obligatory on
