ORDER

1. By way of this Writ Appeal, the appellant/ (respondent No.3 in Writ Petition) is assailing the order dated 13.5.2020 passed in Writ Petition No.7982/2019 whereby the Writ Court has allowed the Writ Petition filed by the respondent No.1 (hereinafter referred to as '' Writ Petitioner'') by directing the appellant to refund Rs.5,00,000/- to writ petitioner within a period of 30 days.

Brief facts of the case:-

2. The writ petitioner took admission in Post Graduate Degree in Doctor of Medicine in Anesthesiology in the college of the appellant. After admission vide office order dated 1.8.2014, the Writ Petitioner was appointed as Junior Resident in the department of Anesthesiology w.e.f. 2.8.2014 on fixed salary of Rs. 30,000-1,000- 32,000. An affidavit was taken from Writ Petitioner on 6.8.2014 infact a declaration to the effect that apart from other conditions, she shall work as Senior Resident/Demonstrator for atleast one year after passing Post Graduation for which she would be paid Rs.40,000/- per month and if she is unable to join the services, she would pay Rs.5,00,000/- in lieu of the services. A declaration has also been obtained to the effect that unless she fulfils the conditions, she would not be given any original documents, nor passing certificate or relieving certificate etc.

3. After passing the Post Graduate Degree in Anesthesiology, the Writ Petitioner sought reliving certificate as well as original documents from the appellant but as per the condition of affidavit, she had to give a demand draft of Rs. 5,00,000/- to the appellant. After receipt of the draft, she was provided with all the necessary documents belonging to her and she was not compelled to do the job of Senior Resident/Demonstrator.

4. In the year, 2019, she filed Writ Petition that the action of the appellant withholding the original documents and compelling her to deposit Rs.5,00,000/- was wholly illegal and arbitrary. She was not bound to do the job as Senior Resident/Demonstrator or deposit Rs.5,00,000/- in lieu of non-serving as Senior Resident/Demonstrator, hence, she is entitled to a refund of Rs.5,00,000/- with interest.

4. The appellant filed reply refuting that after passing the Post Graduate Degree in Anesthesiology, the Writ Petitioner was bound to serve as Senior Resident/Demonstrator in the institution for a period of one year. As per Rule 11 of M.P. Medical & Dental Post Graduate Courses (Degree/Diploma) Admission Rules, 2014, the selected candidate has to submit a bond of Rs.10.00 lacs for a postgraduate degree and Rs.8.00 lacs for a Diploma course for serving under the State Government for one year after completing P.G. Degree/Diploma Course. It is a common practice of doctors in the State of M.P. that after completing post graduate degree, they declined to work as Senior Resident in the institution, therefore, the State Government, as well as Private Institutions, takes bonds from them. The other States demand Rs. 50.00 lacs and the appellant has only demanded Rs. 5.00 lacs as compared to other State Government .

5. The State Government has also filed the reply by submitting that clause 11 of Madhya Pradesh Medical and Dental Post Graduate Course Admission Rules (Degree/ Diploma), 2014 mandates furnishing of bonds only for working in Government Autonomous Medical Colleges. Rules, 2014 nowhere mandates submission of bond in the admission of P.G. Course. No relief has been claimed against the State Government.

6. After hearing learned counsel for the parties, vide order dated 13.5.2020, the Writ Court has allowed the Writ Petition by directing the appellant to refund the number of Rs. 5,00,000/- to the writ petitioner within 30 days. Hence, the appellant is in Writ Appeal.

We have heard learned counsel for the parties and perused the documents as well as an impugned judgment passed by Writ Court.

7. The Writ Petitioner was allotted a State quota seat for a Post Graduate degree in the subject of Anesthesiology in the appellant's colle