Ajay Kumar Tripathi, J.

1. Heard.

2. In these batch of Writ Petitions, the common attack is directed against Rule 11 (1), (2), (3), (7) and (10) of the Chhattisgarh Medical, Dental, Physiotherapy Graduation Entrance Examination Rules, 2011 (in short “the Rules, 2011”) as well as Chhattisgarh Medical, Dental, Physiotherapy Graduation Entrance Examination Rules, 2012 (for short “the Rules, 2012”).

3. The petitioners want the Rule to be struck down as null and void being unconstitutional, if not arbitrary.

4. We reproduce hereunder the relevant rules (both in English & Hindi version), at the very outset, to understand why so many petitioners are before this Court and what is coming in their way after successful completion of MBBS Course :

“11. Bond for the Candidate taking admission in MBBS Course to serve under State Government-

(1) It shall be mandatory for the student taking admission in MBBS Course that he/she has to serve as medical officer in Government Health Centre or in the Institution for a period of 2 years in rural areas as notified by Government, on successful completion of graduation course. This shall be abide mandatory for other courses.

e. Bond to serve under the Government:- At the time of admission the candidate has to submit a bond in prescribed proforma that he/she is agree with the provisions of Rule 11(1) and if he/she opts for a option not to work under government then apart from the bond amount as mentioned in Rule 11(3) he/she will deposit the entire amount of any stipend/scholarship having paid to him/her during the period of his/her study by the State Government. Only after the deposition of entire payable amount by him/her, the candidate shall be issued with No-objection Certificate as prescribed.

(3) Amount of Bond- The amount of Bond for the Candidate of unreserved category is of Rs.5,00,000/- and for the students of reserved category and the bond amount is Rs.3,00,000/- has to be paid.

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(7) After fulfilling the service term as per rule 11(1) or after depositing the entire payable amount as per rule 11(3) as the case may be, (depending on the option taken by candidate), the commissioner shall issue No-objection Certificate to the candidate that provisions of rule 11(1).

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(9) Penalty for non-compliance of Rule 11(1):- It any candidate opts to serve under the government and found guilty of non-compliance of Rule 11(1) then apart from the entire amount of Bond as mentioned in Rule 11(3), the recovery of entire amount of any scholar ship paid to him/her during the period of the course of his/her study by State Government or the recovery of entire amount of pay paid to him/her shall be made as dues of land-Revenue from the candidate. The No Objection Certificate as mentioned in Rule 11(7) shall not be given to such candidate unless the entire payable amount has been recovered.”

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