The court emphasized the importance of upholding the conditions stipulated in the bond and held that the respondents cannot act in breach of the condition imposed and enforce conditions of the bond by issuing appointment orders beyond the stipulated period.

JUDGMENT :

Arup Kumar Goswami, J.

1. Heard Mr. Devesh G. Kela, learned counsel for the appellants. Also heard Ms. Astha Shukla, learned Government Advocate, appearing for the respondents.

2. This writ appeal is presented against an order dated 10.02.2022 passed by the learned Single Judge in WPC No.749 of 2022, dismissing the writ petition.

3. The two petitioners had appeared in NEET PG-2017 and on the basis of their merit position, they were allotted seats of M.S. Ophthalmology in Pt. Jawahar Lal Nehru Memorial Medical College, Raipur by letter dated 30.05.2017.

4. Admissions are regulated in terms of Chhattisgarh Chikitsa Snatakottar Pravesh Niyam, 2017 (for short, 'the Rules of 2017').

5. Section 11 (1) of the Rules of 2017 reads as follows :

^^11- NRrhlx<+ jkT; ds vUrxZr lsok dh vfuok;Zrk o ikB~;dze ds e/; esa lhV dk ifjR;kx djus ij {kfriwfrZ %&

¼1½ ,e-Mh-@,e-,l-@fMIyksek lhVksa ds vUrxZr izos'k ysus okys leLr ¼jkT; dksVk rFkk vf[kyHkkjrh; dksVk½ vH;fFkZ;ksa ds fy, vfuok;Z gksxk fd og LukrdksRrj ikB~;dze lQyrkiwoZd iw.kZ djus ds i'pkr~] nks o"kksZa dh dkykof/k rd NRrhlx<+ 'kklu ds v/khu dk;Z djsxkA bl gsrq vukjf{kr vH;FkhZ dks :- 50 yk[k rFkk vkjf{kr vH;FkhZ dks :- 40 yk[k dk ca/k i= fu"ikfnr djuk gksxkA ¼ca/k i= dk izk:i

ifjf'k"V & pkj **d**½^^

6. Perusal of the above would go to show that it is compulsory for all the candidates taking admission in M.D./M.S./Diploma courses, to serve a period of two years under the Government of Chhattisgarh after completing PG course successfully. The provision requires a bond to be executed by the unreserved candidate for an amount of Rs.50 lakhs and Rs.40 lakhs by the reserved candidate. The format of bond is given in Appendix - 4(A).

7. The Bond is executed in Hindi. In Clause (4) of the bond, it is stated that the candidate, after completion of MD/MS/Diploma course successfully, will invariably serve the State Government for a period of two years on the terms and conditions following thereafter. Clause (5) provides that in the event of breach of conditions of the bond, the State Government would have the right to recover Rs.50 lakhs from the unreserved candidate and Rs.40 lakhs from the reserved candidate, i.e., the amount of this bond from his movable or immovable property or from movable or immovable property of the signatory of sureties of this bond and the entire amount (calculated as on the date) paid as scholarship/stipend during the period of study will be recovered as the arrears of land revenue. Clause (6) provides that till the entire amount is recovered, no objection certificate shall not be issued to him by the Dean. In Clause (7), it is stated that after issuance of the no objection certificate by the Dean, he will submit the said no objection certificate before the Director, Health Education and on his recommendation, the University will grant final degree and he will permanently be registered in the State Medical Board on the basis of his final degree. In Clause (8), it is stated that the bond shall automatically be deemed to be cancelled if the Commissioner, Health and Family Welfare Department does not issue appointment order within six months of receiving the intimation from the University about successful completion of M.D./M.S./Diploma course.

8. The petitioners completed their PG course in the month of November, 2020 and the result was declared by Pt. Deendayal Upadhyay Health Sciences and Ayush University in its official website on 17.12.2020. After more than eight months, the names of the petitioners were published in the official website of Director of Health Services on 02.09.2021 for giving them posting. The petitioners submitted applications before the respondent Nos. 3 and 4 on 14.09.2021 for cancelling the bond and for issuing no objection certificate. Since the applications of the petitioners had not been decided, the petitioners preferred a writ petition before this Court, which was registered as WPC No. 4190 of 2021, and this Court, by an order dated 21.10.202