The deeming clause in Rule 11 of the Admission Rules led to the automatic cancellation of bond conditions due to the failure to issue appointment orders within the stipulated time, rendering the bond conditions unenforceable.

ORAL ORDER SUJOY PAUL, J. : – The pivotal question based on the admitted facts of this case is whether the petitioner who was given posting order on 7-9-2018 (Annexure P/9) before passing the Post Graduate final year examination (which he admittedly passed on 31-12-2018) is entitled to get relaxation from bond conditions and further entitled to get back his original educational qualification documents from the respondents ?

2. The admission in the Post Graduate Colleges is governed by the statutory Rules namely Madhya Pradesh Medical and Dental Post Graduate Course (Degree/Diploma) Admission Rules, 2015 (hereinafter called as ‘Admission Rules’). Rule 11 is relevant for the purpose of answering the question involved.

3. This case is pregnant with peculiar facts. As per Rule 11 of Admission Rules, the Dean of the concerned Educational Institution was required to furnish a list of successful Post Graduate candidates to Commissioner, Health Services. In turn, said Commissioner was required to issue appointment orders to such successful candidates within three months after declaration of results, failing which, bond filed by the candidate will be treated to be cancelled as a fiction.

4. The main contention of the petitioner is that the respondents issued a posting order dated 7-9-2018 (Annexure P/9) which is prior to passing of said Post Graduate course examination. At that point of time and before passing the PG Course, the petitioner was not entitled to be posted/appointed. Thus, the petitioner did not join services pursuant to order dated 7-9-2018. Shri Brahma Nand Pandey, learned counsel for the petitioner submits that to this extent his relief No. 7(i) has rendered infructuous.

5. The case of the petitioner is that after passing of examination, at no point of time, any appointment order was ever issued to the petitioner. Thus, Rule 11 could not be translated into reality from the date petitioner passed the Post Graduate Examination.

6. The respondents/Authorities now have passed the order dated 6-5-2022, which is placed on record with I.A. No. 5925/2022. In this letter, the Directorate Health Services mentioned that petitioner is permitted to join pursuant to order dated 7-9-2018 (Annexure P/9). In this order, it is clearly admitted that after passing of PG examination, no fresh appointment order/amended order was issued in respect of the present petitioner.

7. In this view of the matter, the pivotal question aforesaid deserves determination.

8. The arguments of learned Deputy Advocate General is that as per Rule 11 of Admission Rules, it is the Dean of the concerned institution who was required to send the list of successful candidates to the Directorate/ Commissioner. Upon receiving such list only the Commissioner was obliged to issue appointment orders within three months. Thus, starting point to calculate the period of three months is the date when the list was sent by the Dean to the Commissioner. Since Dean has never sent the list, the State is still free to apply the bond conditions.

9. No other point is pressed by the parties.

10. We have heard the parties at length and perused the record.

11. The purpose, object and intention while inserting Rule 11 is to see that the Dean will send the list of successful candidates to the Commissioner. Although, no period of limitation for sending that list is prescribed in Rule 11 of Admission Rules. If it is read in the manner suggested by the Government counsel, it will give an unfettered and unlimited period to the Dean to send the list as per his whims and fancies. In our opinion, the purpose of Rule 11 is to ensure that soon after the candidate has passed, the Dean must send the list of successful candidates to the Commissioner, and in turn, the Commissioner will appoint them within 3 months therefrom.

12. Ordinarily, a candidate would like to serve the State in rural, difficult, and remote areas immediately after completion of his or her educational qualification. If it is not