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2018 Supreme(Ker) 172

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Ayisha Beegam – Appellant
Versus
State of Kerala Represented By The Secretary To Government Health And Family Affairs Department – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. Kurian George Kannanthanam
For the Respondents: Sri. Titus Mani Vettom, Sri P. Santhosh Kumar, Sri. Titus Mani Vettom

JUDGMENT :

Dama Seshadri Naidu, J.

Introduction:

A few students, under All India Quota (NEET), joined the post-graduate medical courses, both in Government and private colleges. At the time of their joining the course, the students’ parents executed a bond with the college management. The bond stipulated that the students would have their certificates-submitted during admission-released only after their completing “one-year compulsory employment or on payment of the compensation… .”

2. The bond provides for remedial mechanism if the student breaches the condition: the student’s failing to serve in the State the mandatory period of one-year or, in the alternative, failing to compensate the State, the management can compel the parent to compensate; the recovery may be from the parent’s properties, movable or immovable. Many students from other states, after passing out, refused to comply with the bond conditions; instead they questioned them. It led to litigation across the nation, Kerala included.

Facts:

3. We have before us a batch of writ appeals filed by a medical college, the Government, and a few students, too. In these appeals the students insist that their certificates be returned






















































































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