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SUJOY PAUL, DWARKA DHISH BANSAL
ARCHANA GOVIND RAO BHANGE – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
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 court emphasized the importance of upholding the conditions stipulated in the bond and held that the respondents cannot act in breach of the condition imposed and enforce conditions of the bond b....
The court found that issuing a posting order after the bond period expired rendered the order invalid, mandating the return of the petitioner's documents.
The court upheld the validity of state-mandated compulsory service bonds for medical postgraduates, affirming they serve public interest and do not violate constitutional rights.
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