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2025 Supreme(MP) 416

ASHISH SHROTI
Abhishek Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
Alok Kumar Sharma for petitioner; Naval Kishor Gupta,
Government Advocate for respondents/State;
B. K. Sharma on behalf of Prashant Sharma for respondent no. 4.

ORDER :

1. The petitioner has filed this writ petition praying for setting aside of the second bond which has been executed by him. He has also prayed for a direction to respondents to give him NOC and relieve him from the bond conditions.

2. The facts necessary for decision of this case are that the petitioner was initially appointed as Associate Professor (Bio-Chemistry) vide order dated 6.4.2018 in the Govt. Medical College, Datia (for brevity 'College'). As per Clause 3 of the said appointment order, the petitioner was required to serve the College up to the age of 65 years or for a period of 3 years from the date of appointment, whichever is earlier. He was required to execute a properly stamped bond in this regard. It is also mentioned in the said clause that on violation of its condition, the petitioner would be required to pay amount equal to one year salary.

3. The petitioner performed his duties as Associate Professor for about three years. The College, thereafter, invited applications for appointment on the post of Professor by way of direct recruitment vide advertisement, dated 17.9.2022, (Annexure P/2). Clause 4 of the advertisement under heading “vU; 'krsZa ”—, provide

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