The court established that the resolution of 2018 cannot be made applicable to the petitioners retrospectively, and that the respondents cannot change the conditions of the bonds after they were submitted by the students and the admission process was completed.

ORDER :

The present case is taken up today through video conferencing.

2. The present writ petition has been filed for a declaration that the resolution as contained in memo no.9/Chi.Maha-07-08/2014 (part-1)-179(9) Ranchi dated 24th April, 2018 (hereinafter to be referred as “resolution of 2018”) is not applicable to the petitioners and they are not required to execute a new bond in accordance with the resolution of 2018 for serving within the State of Jharkhand for a period of three years or alternatively pay penalty amount of Rs. 30 Lacs along with the stipend and other allowances paid to them in such case where bond period is not served by the petitioners. Further prayer has been made for quashing the government resolution as contained in memo no. 09/Enrollement-02-02/2019-181(9) dated 30.07.2020 issued by the Deputy Secretary, Department of Health, Medical Education & Family Welfare, Government of Jharkhand whereby an order has been issued for posting some of the petitioners on completion of their course for a period of three years in accordance with notification dated 24.04.2018.

3. The learned counsel for the petitioners submits that the petitioner no. 78- Dr. Bimala Kumari and petitioner no.79- Dr. Abhay Kumar Yadav are the Junior Resident Doctors of MGM Medical College, Jamshedpur whereas rest are the Junior Resident Doctors of RIMS, Ranchi. On 17th October, 2017, the National Board of Examinations (NBE) published an advertisement for the National Eligibility-cum-Entrance Test (NEET) (Postgraduate), 2018 for admission to MD/MS/Postgraduate diploma Courses, 2018. The petitioners qualified in the said entrance test and thereafter counselling process was conducted by the Medical Counselling Committee under the Director General of Health Services, Ministry of Health and Family Welfare, Government of India. After completion of counselling process of several rounds, the petitioners qualified and took admission as per the terms and conditions of the resolution contained in memo no.9/Chi.Maha-07-08/2014-230 (9) Ranchi dated 22-12-2015 (hereinafter to be referred as the resolution of 2015”) which was in vogue during the said period and accordingly the petitioners signed the required bond and submitted all the documents as well as the certificates in original before the RIMS, Ranchi/MGM College, Jamshedpur at the time of admission. Another resolution was issued on 24.04.2018 under the signature of the respondent no.2 making amendment to the earlier resolution dated 22.12.2015. According to the petitioners, as per Clause (iii) of the Resolution, 2018, bonds were required to be taken from all the students of PG (medical/MDS) courses seeking admission in the Medical Colleges situated within the State of Jharkhand to the effect that an amount of Rs.30 lacs would be recovered from those students who did not intend to take admission after selection. Further, Clause (iv) of the resolution of 2018 provided that a bond would be taken from all the students of Postgraduate (medical/M.D.S.) courses to the effect that those students who intended to leave the courses after taking admission in the midst of academic session, they would be required to deposit Rs.30 lacs along with the amount of stipend as well as other allowances received by them during the course period in one go. As per Clause (V) of resolution of 2018, the students after completion of Postgraduate course were to compulsorily serve under the Government of Jharkhand for a period of three years, failing which an amount of Rs.30 lacs along with the amount of stipend as well as other allowances received by the students during the course was to be recovered in one go.

4. It is further submitted that some of the students being aggrieved with the resolution of 2018, preferred writ petition being W.P.(C) No. 2628 of 2018. The said writ petition was finally allowed by this Court vide order dated 19.10.2020 holding that the new resolution dated 24.04.2018 would not be applicable to the peti