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2019 Supreme(Guj) 429
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BELA M. TRIVEDI, J.
Shitanshushekhar Manoharlal Sharma & Other - Petitioners
Versus
State of Gujarat & & Ors. - Respondents
R/SPECIAL CIVIL APPLICATION NO. 18840 of 2014, 10163, 10164 of 2015, 2016, 2690, 21973 of 2016, 16380, 21089, 22806, 23289 of 2017, 2887, 2901, 17429, 17434 of 2018, 4961, 5344 of 2019
Decided On : 12-04-2019
For the Petitioners: Mr. Amit Panchal For Ms. Shivani Rajpurohit.
For the Respondents: Mr. Ar. Thacker.
Headnote:
Constitution of India - Articles 47, 14, 16, 19(1), 21, 162, 166, 166(3), and 12 -Indian Contract Act - Sections 19A, Sub-section (1) of Section 16, Sub-section (2) of Section 16 and 23 - Learned waives service of notice of Rule on behalf of respondent-State - Learned Advocate Thacker waives notice of service of Rule on behalf of respondent in Special Civil Application of and learned Advocate waives service of notice of Rule on behalf of respondent in Special Civil Application Nos - Petitions centres around the validity of the Government Resolution dated issued by the respondent-State Government, in Health and Family Welfare Department requiring the petitioners and other students to furnish a fresh bond in the form of bank guarantee or a solvency certificate for the properties worth - As a guarantee to serve in rural areas for three years after the completion of their Post Graduate Degree/Diploma Courses from the Government Medical Colleges in addition to the Bond executed by them at the time of taking admission in the Under Graduate Courses and extend the same for a further period of three years - Determination of the said issue, the factual matrix of the matter is taken from Special Civil Application - Having been filed first in point of time - Petitioners at the time of filing the petition Special Civil Application were the students pursuing their Post Graduation Courses in the Medicine and Surgery with the respondent Government Medical College after having been admitted by the University as per the Rules and Regulations - According to them they being meritorious students were admitted to the respondent-Government -Held, Severe problem faced by the State in not getting good Doctors to provide medical services in the rural areas cannot be undermined however at the same time the arbitrary unreasonable and unconscionable condition requiring the students to execute the prescribed bond agreement which is opposed to the public policy as stated herein above also cannot be countenanced - Even as per their own statistical data the policy of execution of bond has hardly served any purpose inasmuch as large number of posts have remained vacant in the Primary Health Centers and Community Health Centers despite the fact that such practice applicable to UG students is in vogue since last fifty years - As stated earlier it was for the first time that the students taking admission in the PG Degree/Diploma Courses were called upon to execute the bond agreement while taking admission for the academic year - Because of the stay granted by the High Court against the implementation of the G.R. dated in all these petitions filed year after year by the students taking admission in the PG courses the said G.R. has also not been effectively implemented - Petitioners who are the medical students are unfortunately forced and are compelled to knock the doors of the Courts every year at the commencement of the Courses - State therefore is expected to find out enduring solution to the chronic problem by framing suitable scheme or policy governed by the constitutional guidelines - Court has followed the decisions of the Supreme Court for holding that such bond agreement and the conditions mentioned therein are opposed to the public policy and therefore void the Court has not dealt with the decisions of other High Courts relied - Deserves to be quashed and set aside and is accordingly quashed and set aside - Bond/ Surety furnished by the petitioners if any pursuant to the said G.R. shall not be acted upon by the respondent authorities - Petitions stand allowed.
1. Rule in Special Civil Application Nos. 17429 of 2018, 17434 of 2018, 4961 of 2019 and 5344 of 2019. Learned AGP Dr. Venugopal Patel waives service of notice of Rule on behalf of respondent-State. Learned Advocate Mr. AR Thacker waives notice of service of Rule on behalf of respondent No. 2 in Special Civil Application No. 4961 of 2019 and learned Advocate Mrs. VD Nanavati waives service of notice of Rule on behalf of respondent No. 2 in Special Civil Application Nos. 17429 of 2018, 17434 of 2018 and 5344 of 2019.
2. The core issue involved in these writ petitions centres around the validity of the Government Resolution dated 28.06.2013 issued by the respondent-State Government, in Health and Family Welfare Department, requiring the petitioners and other students to furnish a fresh bond of Rs.10,00,000/- in the form of bank guarantee or a solvency certificate for the properties worth Rs. 12,00,000/- as a guarantee to serve in rural areas for three years after the completion of their Post Graduate Degree/Diploma Courses from the Government Medical Colleges, in addition to the Bond executed by them at the time of taking admission in the Under Graduate Courses, and extend the same for a further period of three years.
3. For the determination of the said issue, the factual matrix of the matter is taken from Special Civil Application No. 18840 of 2014, having been filed first in point of time.
4. The petitioners at the time of filing the petition, i.e. Special Civil Application No. 18840 of 2014 were the students pursuing their Post Graduation Courses in the Medicine and Surgery with the respondent No. 3 Government Medical College, after having been admitted by the Gujarat University as per the Rules and Regulations. According to them, they being meritorious students, were admitted to the respondent-Government College on the basis of the merit list prepared for the admission, after the counseling conducted by the admission committee constituted by the respondent No. 1, in accordance with the directions issued by the Supreme Court in its order dated 23.03.2012 passed in I.A. no. 16 of 2013 in Civil Appeal No. 1944 of 1993 in the matter of Anand Biji Versus State of Kerala and Others. The respondent No. 2 Gujarat University had issued the forms for admission to the Post Graduate Degree and Diploma Medical Courses for the academic year 2013-2014. At the relevant time, there was no mention about requirement of execution of any bond, though there was a mention in Clause 11 of the said form that the respondent No. 2 would have right to introduce any new rules or regulations or make any change in any of the existing rules or regulations. However, the petitioners came to know about the Circular dated 06.12.2014 issued by the respondent No. 3 which required the petitioners to furnish a bond of Rs. 10,00,000/- in the form of Bank Guarantee or Surety against the property worth more than Rs. 12,00,000/-. On the inquiry made by the petitioners, they came to know that the Government of Gujarat, in the Health and Family Welfare Department had issued a G.R. dated 28.06.2013 requiring the students pursuing the Post Graduate Degree/Diploma Courses to execute such Bond for serving in rural areas for a period of three years after the completion of their post graduation, and further requiring them to extend the Bond executed by them at the time of taking admission in the Under Graduate Courses, for a further period of three years. According to the petitioners, such condition of bond was never brought to the notice of the petitioners at the time of admission and the said condition being extremely harsh and arbitrary was required to be quashed and set aside. Such a harsh condition would not be conducive to most of the petitioners, who though are highly meritorious, otherwise hail from very humble economic background and it was virtually impossible for them to execute such bond. It is further case of the petitioners that the Government of Gujarat
