JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The present writ petition under Article 226 of the Constitution of India is maintained by the petitioners against the respondents praying therein for the following substantive reliefs :

(i) “That impugned notification dated 27.02.2019, Annexure P2, issued by respondent No.1, whereby it was implemented retrospectively, may kindly be quashed and set aside;

(ii) That the action of the respondent-authorities in compelling/forcing the petitioners to execute bond(s) in view of notification dated 27.02.2019, Annexure P2, and thereafter not allowing the petitioners to opt for the bond(s) already executed by them at the time of admission in view of subsequent notification dated 13.06.2019, Annexure P4 (whereby notification dated 27.02.2019 has been amended), may kindly be declared as null and void;

(iii) That the letter dated 31.08.2020/ 04.09.2020, Annexure P8, whereby the representations of petitioners No.2 & 3 have been rejected, may kindly be quashed and set aside;

(iv) That the respondent-authorities may kindly be directed to consider the petitioners governed by the provisions of the bond (s) executed by them at the time of their admission to Post-Graduation courses in the year 2017(Batch 20172020);

(v) That the respondent-authorities may kindly be directed to return the original record of MBBS.”

2. As per the petitioner, they having qualified the National Eligibility Entrance TestPG (NEETPG) 2017 and being eligible to take admission in the State of Himachal Pradesh, had submitted the application form for counseling and admission for PG degree course to the respondent-authorities. Petitioner No.1 was selected to undergo Post Graduation course, i.e. M.D. (Pediatrics), from Dr. Rajendra Prasad Government Medical College, Kangra at Tanda, H.P., as an inservice candidate under the State quota in the year 2017.

3. It has been submitted that petitioner No.2 was selected to undergo Post Graduation course, i.e. M.D. (Dermatology, Venerology and Leprology) from Dr. Rajendra Prasad Government Medical College, Kangra at Tanda, H.P., as a direct candidate under the AllIndia quota in the year 2017.

4. It has been averred that similarly petitioner No.3 was selected to undergo Post Graduation course, i.e. M.D. Pediatrics) from Dr. Rajendra Prasad Government Medical College, Kangra at Tanda, H.P., as a direct candidate under AllIndia quota in the year 2017. Further, it has been submitted that as per the Prospectus, there was condition for executing a bond for all the candidates (All India Quota and State Quota) to serve the State for five years after completion of the PG course and also that the selected candidates are required to execute a bank guarantee to the tune of Rs.10.00 lakhs (i.e. Rs. 3.00 lakhs in first and second year respectively and Rs.4.00 lakhs in the third year) and that the petitioners after having understood the conditions given in the prospectus, executed the bond(s) with the State of H.P. on the prescribed format (Appendix6 attached with the prospectus) to the tune of Rs.10 lakhs (Rupees Ten lakhs only) to serve the State at least for a period of five years after completion of their respective courses, failing which to deposit the bond money, i.e. FDR amounting to Rs.10 lakhs in lump sum in a time bound manner, in the month of May, 2017 at the time of admission.

5. It has been submitted that the respondent-State, vide notification dated 27.02.2019, Annexure P2, notified PG/ Super Specialty Policy for regulating admissions to various Post Graduation and Super Specialty course in Medical Education applicable in the State of H.P. Further, that Clause6 of the policy deals with terms and conditions of bond for Post Graduation and as per policy, a candidate had to furnish a bond in the form of legal undertaking to serve the State for four years in case of inservice candidates, like petitioner No.1 and for two years in case of direct candidates, like petitioners No.2 and 3, failing which, the candida