Point of Law - Right to life guaranteed by Article 21 means right to life with human dignity. Communitarian dignity has been recognised by this Court. While balancing communitarian dignity vis-à-vis the dignity of private individuals, the scales must tilt in favour of communitarian dignity. The laudable objective with which the State Governments have introduced compulsory service bonds is to protect the fundamental right of the deprived sections of the society guaranteed to them under Article 21 of the Constitution of India. The contention of the Appellants that their rights guaranteed under Article 21 of the Constitution of India have been violated is rejected.

ORDER :

1. Heard, the Petitioner nos. 1 and 2, party-in-persons, and the learned Advocate, Mr. Dhawan Jayswal, for Respondent No.1.

2. By this petition, the petitioners have prayed for the release of certain original documents which were submitted by Petitioner No.2, at the time of taking admission in First Year of the MBBS Course in the year 2015 in the medical college run by the Gujarat Medical Education Research Society( ‘GMERS’), Himmatnagar.

2.1 The Petitioners have also prayed for the release of the documents by Respondent No.1 with regard to completion of internship certificate and the other documents which are required for registration as a professional doctor, on completion of internship by Petitioner No.2- Dr. Neel Rajeshbhai Patel.

3. At the outset, it is required to be noted that today learned Advocate, Mr. Jayswal, appearing for Respondent No.1 has tendered the original documents, which were submitted by Petitioner No.2 at the time of taking admission in the First Year of MBBS Course with Respondent No.1 and Petitioner No.2 who is also present as party-in-person before this Court has verified the same and has submitted that he has received all the original documents and the mark-sheets, which were submitted by him at the time of taking admission in the college of Respondent No.1 in the year 2015.

3.1 Learned Advocate Mr. Jayswal stated that as per letter dated 06.07.2015 issued by the GMERS and addressed to the Principal Secretary, Central Admission Committee for Professional Medical Courses Respondent No.1 was granted permission to start a new medical college from the Academic Year 2015-2016. It was submitted that as per the said letter, of the GMERS, admissions were given on condition that the students who gets admission in the First Year of MBBS Course are required to give either bond or Rs.2,00,000/- (Two Lakh) if such students do not agree to render services of one year in Government hospitals in rural areas for one year on completion of MBBS Course. It was submitted that a condition was accordingly inserted in the Provisional Admission order dated 31.07.2015 that Petitioner No.2 was provisionally admitted in the First Year of MBBS Course for the Academic Year 2015-2016 in the college of GMERS at Himmatnagar, subject to production of bond and solvency of Rs.2,00,000/- (Two Lakh) or in the form of bank guarantee of any nationalized bank.

3.2 Learned Advocate Mr. Jayswal, thereafter, submitted that the Petitioner No.2 never furnished such a bond of Rs.2,00,000/- which is required as per the Admission Order dated 31.07.2015, which is available at Page No. 17 of this petition, and thereafter, Respondent No.1 requested Petitioner No.2 to furnish the bond, time and again. However, Petitioner No.2 did not submit the same and taking sympathetic view, Respondent No.1 permitted Petitioner No.2 to complete his MBBS Course. It was submitted that as the petitioner no.2 neither submitted the bond nor he agreed to serve in the Government medical college for one year on completion of MBBS Course Respondent No.1 did not release the documents which were taken at the time of admission and other documents were also not provided to Petitioner No.2 for the purpose of further studies or for obtaining registration as professional doctor under the Gujarat Medical Council Rules.

3.3 Learned Advocate Mr. Jayswal also referred to the Government Resolution dated 14.08.2019, issued by the Health and Family Welfare Department of the State of Gujarat and pointed out that as per Condition No. 22 of the said Resolution, the students who have taken the benefit of the Mukhyamantri Yuva Swavlamban Yojna (MYSY),the students on completion of the MBBS Course are required to render services for one year in a government medical college in a rural area and as a guarantee, such students are required to give bonds of Rs.20,00,000/- (Twenty Lakh) to the Dean of the Medical College run by the GMERS and such student would not be required to provide bond of Rs.2,0