JUDGMENT :

With the consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

2. The case has been listed under the heading for “Orders (with defect)”.

3. Perused the office note as also stamp reporting dated 29.07.2021.

4. The defect, pointed out by the office, is ignored.

5. It has also been brought to the notice of this Court that the appeal has been filed within time.

6. In view thereof, learned counsel for the appellants does not want to press the application for condonation of delay (I.A. No. 6621 of 2020).

7. Accordingly, I.A. No. 6621 of 2020 is dismissed as not pressed.

L.P.A. No. 416 of 2020

8. With the consent of learned counsel for the parties, the appeal is being heard and is disposed of at this stage.

9. The instant intra-court appeal is preferred against the order/judgment dated 19.10.2020 passed by learned Single Judge in W.P. (C) No. 2628 of 2018, whereby and whereunder the learned Single Judge while allowing the writ petition has held that Resolution as contained in Memo No.9/Chi.Maha-07-08/2014 (part-1)-179(9) dated 24th April, 2018 cannot be made applicable to the petitioners by enforcing it retrospectively and as such bonds executed by them in terms of said Resolution were quashed and set aside.

10. The brief facts of the case, which are required to be enumerated herein for proper adjudication of the lis, are as under:

On 17th October, 2017, the National Board of Examinations (NBE) published an advertisement for the National Eligibility cum Entrance Test (Postgraduate), for admission to MD/MS/Postgraduate/Diploma Courses, 2018. The writ petitioners appeared and were declared 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 petitioner were found to be successful and accordingly they opted for Rajendra Institute of Medical Sciences, Ranchi (in short ‘RIMS, Ranchi’). The last date for admission as well as leaving the course after completion of 2nd Round of counselling was fixed as 23rd April, 2018.

At the time of admission, Resolution No.9/Chi.Maha-07-08/14-230(9)/Ranchi dated 22nd December, 2015 (in short ‘Resolution, 2015’) was in vogue, as such they signed bond as per terms and conditions of the Resolution, 2015 and submitted all the documents and certificates in original in the institution (RIMS) i.e. on 23rd April, 2018.

However, on the next date i.e., 24th April, 2018, the another Resolution, as contained in Memo no.9/Chi.Maha-07-08/2014 (part-1)-179(9) (in short ‘Resolution, 2018’), was issued under the signature of Principal Secretary-Department of Health and Family Welfare, Govt. of Jharkhand making amendment to Resolution of the year 2015. According to the writ petitioners, as per Clause (iii) of the Resolution, 2018, bonds were required to be taken from all the students of Postgraduate (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 was to be recovered from those students who did not intend to take admission after selection. Further, Clause (iv) of the Resolution, 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 or 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, 2018, the students after completion of Postgraduate course have 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