The absence of regulations regarding the demand for a service bond from government doctors and the need for regulations to address this issue in the context of PG medical admissions.

JUDGMENT :

R.SUBRAMANIAN, J.

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order in W.P.Nos.12347 of 2017 passed on 30.06.2017.

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order in W.P.Nos.14393 of 2017 passed on 30.06.2017.

These two appeals arise out of two Writ Petitions filed by the appellant / petitioner in W.P.Nos.12347 & 14393 of 2017.

2.In W.P.No.12347 of 2017, the petitioner sought for a declaration that non-implementation of the selection of the petitioner in accordance with merit under the Government counselling conducted on 04.05.2017 is illegal and unconstitutional and consequently, admit the petitioner in terms of the allotment order dated 04.05.2017 in M.S.(General Surgery) for the academic year 2017-2018 in the 4th respondent Institute / Pondicherry Institute of Medical Sciences.

3.The other Writ Petition in W.P.No.14393 of 2017 has been filed by the petitioner in W.P.No.12347 of 2017 seeking a Writ of Certiorarified Mandamus, challenging the rejection letter dated 02.06.2017 issued by the 1 respondent therein namely, the Pondicherry Institute of Medical Sciences (PIMS) and to direct the 1st respondent to admit the petitioner in terms of the allotment order without imposing an onerous condition of serving bond.

4.The above two Writ Petitions demonstrate a very sad state of a slip between the cup and the lip. The slip has proved to be a very costly slip for the petitioner, an aspiring young medical graduate.

5.The background facts are as follows:-

The parties are referred as per their ranking in W.P.No.12347 of 2017.

5.1.The petitioner, who is a medical graduate and serving as an Assistant Surgeon with the Government of Puducherry took the first ever National Eligibility-cum-Entrance Test (NEET) held in the year 2017 and was successful. He appeared for common counselling before Centralized Admission Committee (CENTAC) formed by the Puducherry Government on 04.05.2017. He was allotted a seat in M.S.(General Surgery) in the Pondicherry Institute of Medical Sciences (PIMS) and he was required to join by 3.00 p.m. on 15.05.2017.

5.2.According to the petitioner, he approached the Pondicherry Institute of Medical Sciences the very next day but, he was required to pay an enormous fee of Rs.30,00,000/-. Being a Government sponsored candidate, the petitioner felt that fee demanded is exorbitant and he wrote to CENTAC on 06.05.2017, informing them that the Pondicherry Institute of Medical Sciences is demanding a huge fee and has not admitted him based on the allotment made by the CENTAC on 04.05.2017.

5.3.The petitioner also moved this Court in W.P.No.12347 of 2017 and an interim order was granted, directing the Pondicherry Institute of Medical Sciences to keep one seat vacant in M.S. (General Surgery). The said order came to be passed on 11.05.2017. Notice was made returnable by 05.06.2017. Subsequently, during the pendency of W.P.No.12347 of 2017, the Fee Committee constituted by the Puducherry Government fixed fee for seats in Post Graduate courses that fall under the 50% Government quota at Rs.3,00,000/- per year. Soon thereafter, as on 15.05.2017, the petitioner paid the said sum of Rs.3,00,000/- by way of Demand Draft.

5.4.It is to be noted here that the order fixing fee made by the Fee Committee was challenged by another Institution and this Court by order dated 18.05.2017 granted stay of the said order in W.P.No.12912 of 2017. It should also be noted that the Pondicherry Institue of Medical Sciences, the contesting respondent in these appeals did not challenge the fee fixation made by the Fee Committee on 14.05.2017. However, the Fee Committee itself revised the fee and issued another order on 24.05.2017, requiring the candidates, who have been allotted PG courses in medicine to pay Rs.5,50,000/- towards the fee.

5.5.The petitioner would claim that he had offered a Demand Draft for the balance of Rs.2,50,000/- to the Pondicherry Institute of Medical Sciences on 31.