Chander Shekhar, Son Of Sh. Nek Ram vs State Of Himachal Pradesh Through Principal Secretary (Health) To The Government Of Himachal Pradesh, Shimla

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(HP) 993

MOHAMMAD RAFIQ, SABINA
Chander Shekhar, Son Of Sh. Nek Ram – Appellant
Versus
State Of Himachal Pradesh Through Principal Secretary (Health) To The Government Of Himachal Pradesh, Shimla – Respondent

Advocate Appeared:
For the Appellant :Sh. Neeraj K. Shamra, Sh. Dilip Sharma And Sh. Shrawan Dogra, Senior Advocates With Sh. Manish Sharma, And Sh. Bharat Thakur, Advs.
For the Respondent:Sh. Ajay Vaidya, Senior Additional Advocate General, Sh. B.C. Negi, Senior Adv. With Mr. Nitin Thakur, Sh. Parvesh Negi, Advs.

Table of Content
1. compulsory bonds for medical course admission. (Para 2 , 3)
2. (Para 4 , 11 , 12)
3. challenging mandatory bond conditions. (Para 5 , 7)
4. supreme court's view on bond reasonableness. (Para 6 , 8 , 19)
5. state's need for policy adjustments. (Para 9 , 10 , 18 , 21)

JUDGMENT :

1. Vide this judgement, above mentioned Letters Patent Appeals as well as writ petitions, would be disposed of as the issue involved in all these cases is the same.

2. The issue involved in all these cases relates to compulsory bonds to be executed for admission to Post Graduate Medical Courses and Super Specialty Courses. Writ petitions were filed by the petitioners challenging the mandatory provisions of service provided under Clauses 6.1 and 11.1.2 of the Post Graduation/Super Specialty Policy for Regulating Admission to various Post Graduation and Super Specialty Courses in Medical Education 2019, applicable in the State of Himachal Pradesh (hereinafter referred to as PG/Super Specialty Policy).

3. The undisputed facts, relevant for adjudication of the case, are that seven Government Medical Colleges and one private medical college in the State impart medical education. State of Himachal Prade

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2021 Supreme(HP) 993

MOHAMMAD RAFIQ, SABINAChander Shekhar, Son Of Sh. Nek Ram – AppellantVersusState Of Himachal Pradesh Through Principal Secretary (Health) To The Government Of Himachal Pradesh, Shimla – Respondent

Cases Referred (3)

MOHAMMAD RAFIQ, SABINA
Chander Shekhar, Son Of Sh. Nek Ram – Appellant
Versus
State Of Himachal Pradesh Through Principal Secretary (Health) To The Government Of Himachal Pradesh, Shimla – Respondent