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Gujarat High Court
Judgename :R.K.Abichandani
MALLA IBRAHIM ISAB - Appellant
Versus
DEAN,b.J.MEDICAL COLLEGE - Respondent
S.C.A.1525 of 1993
Decided On : 09/17/1993
The words aggregate period of two years in condition no. 3 have reference to the aggregate services in the State Medical Services in the rural areas. Once the student joins the service responding to the call which is required to be made by the Government within six months of the notice of completion of internship, it may be open to the State Government to post him in various rural areas and the aggregate period of two years has reference to his aggregate services in various rural areas and would not contemplate break in service. If the State Government is allowed to implement the bond for a short period at a given point of time and thereafter, at any time, say, after a year or two for another short period and in that manner to expect the aggregate period of two years service to be completed, the terms of the bond would clearly be arbitrary and oppressive. Such a construction would lead to absurdity and a student clearing medical course would be expected to rejoin even after termination of his services at any time during the period of his career, whenever called upon by the Government. The fact that the Government is required to act within six months clearly negates such a course where the services of the executant of the bond after being called to join are terminated and again after a lapse of time he is recalled to complete the rest of the period. It is therefore, clear that when the petitioner responded to the call of the Government and joined the services, he had fulfilled the bond and he cannot be said to have committed any breach thereof.
[Para 3]
When the State Government terminated his services on 7-7-81, the petitioner was clearly not obliged to remain in reserve for being called in future and not to pursue his own vocation. Such uncertainty as to when the candidate, who has responded to the call by joining the services and whose services are terminated, would be called again is clearly not contemplated by the terms of the bond.
[Para 3]
Bombay Land Revenue Code, 1879 - Secs. 150 & 187 - Recovery of amount of bond - Invoking of procedure to recover as arrears of land revenue - Held, only when the sums are declared by any contract with the Government to be leviable as an arrear of land revenue that the same can be recovered invoking provisions of Sec. 187, by coercive process laid down in Sec. 150 - Impugned order set aside.
It is only when the sums are declared by any contract with the Government to be leviable as an arrear of land revenue, that the sums can be so levied under the provisions of chapter-XI and be recovered by the coercive process laid down in section 150 of the Code. Merely because section 150 of the Code prescribes the process of recovery, it does not follow that the State can recover the amount due from the petitioner under the said bond as an arrear of land revenue. Since the bond did not provide that the amount payable by the petitioner shall be recovered by the State as an arrear of land revenue, the process of recovery as arrear of land revenue cannot be resorted to. The respondents therefore, could not have invoked the provisions of section 187 of the Code for the recovery of the amount as an arrear of land revenue from the petitioner on the basis of the said bond.
[Para 4]
( 1 ) THE petitioner challenges the order dated 7/01/1993 at Annexure "t" to the petition passed by the Dean of the B. J. Medical College, Ahmedabad directing the petitioner to pay up the amount of Rs. 5,000. 00 under the bond executed by the petitioner on 30-6-1972.
( 2 ) THE petitioner executed a bond on 30-6-1972 pursuant to the policy of the Government to prescribe a condition for admission to Medical Colleges in the State for M. B. B. S. degree course under which the executant of the bond could be required by the Government to serve in the rural areas for minimum period of two years, on such remuneration as may be prescribed therefor. The material conditions of the bond which was executed by the petitioner are as under :"now, the conditions of the above written obligation is that the student shall: (1) diligently prosecute and complete the said course at the said College or any other Medical College in the country and pass the prescribed University examination for the said course, and (2) within a period of 30 days from the date of his/her completing the period of internship or rotating housemanship, give to the Government by registered post notice in writing intimating the completion of his/her period of internship or housemanship provided, however, that if the student is desirous of continuing post-graduate studies, such notice shall expressly specify such desire and request for permission of the Government to continue such post-graduate studies and it shall be open to the Government in its absolute discretion to refuse such permission or to grant it subject to the Condition that the student shall within one month from the completion of post-graduate course, give a like notice to the Government and, when called upon by the Government at any time within a period of two months from the receipt of the notice from the student as aforesaid, join the State Medical services and serve in rural area anywhere in the State for a minimum period of two years at such remuneration as may be prescribed therefor and in the event of the student being so called upon by the Government join the State Medical services and serve them for two years or serve the State Government in rural areas State Medical Services for the aggregate period Of two years and during the period during which the student is required to serve under the ptovi-sions of this bond faithfally discharge the duties assigned to him by the Government, or his/her other superiors with utmost diligence and efficiency and shall observe the rules for time being in force regulating the conduct of persons so serving. Then the above written bond shall become void otherwise the same shall remain in full force and virtue. In the event of the student committing breach of any of these terms, the entire amount of Rs. 5,000. 00 or such lesser sum as may be decided upon by the government so to become payable to the Government. The amount could be recovered by the Government from the student or the natural guardian in case of a minor student and the surety. " :
( 3 ) THERE is no indication either in the petition or in the record shown on behalf of the respondents today as to whether any notice of 30 days was given by the petitioner as per condition No. 2. It, is, however, stated by the learned Counsel Mr. Bukhari for the respondents that usually the Dean of the College within a couple of months of completion of the period of internship or housemanship forwards the list of such candidates to enable the directorate to enforce the conditions of the bond by requiring them to render their services as envisaged in the bond. It appears that the respondents came to know about the petitioners having completed his internship. After having completed his internship in June, 1979, the petitioner came to be appointed by an order dated 8-11-1979 passed by the Director of Health Services as medical Officer Class II in the Gujarat Public Health Services and he was posted on deputation to the Di
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