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2018 Supreme(Del) 291

REKHA PALLI
DEVENDER PAL SINGH TOMAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: Ms. Noopur Singhal, Adv.
For the Respondent: Mr.Ripu Daman Bhardwaj, Mr.T. Singhdev, Adv.

JUDGMENT :

REKHA PALLI, J.

1. Vide the present petition, the Petitioners have sought a writ of mandamus directing the Respondent Nos. 1 and 2 to release their original documents, which were retained by the Respondent Nos. 1 and 2 on account of the Petitioners’ failure to abide by the terms of the surety bond executed by them at the time of their admission in the institutes of Respondent Nos. 1 and 2.

2. The case set up by the petitioners is that, based on AIPGMEE counseling held in June, 2014, both the petitioners were selected as PG Trainee as M.S. (General Surgery) and, in accordance with the Information Bulletin for the admission to Post-Graduate courses, they had executed a surety bond to serve as Short Service Commission Officers (SSC Officers) for five years with the Armed Forces Medical Services and pay a sum of Rs.25,00,000/- in case they were unwilling to join as SSC Officers upon completion of the said course.

3. It is an admitted case of the parties that the petitioners, while taking admission, had deposited their original MBBS certificates with the Academic Cell of the Respondent No. 2 and had also executed the surety bond of Rs.25,00,000/-. Though learned counsel for the p























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