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.

ORAL JUDGMENT

Date : 08-01-2026

This Court has heard Mr. Ali Muqtadir Ahmad, learned Advocate for the petitioner, Ms. Vartika K. Kashyap, learned Advocate for the State and Mr. Kumar Ravish, learned Advocate for respondent Nos. 8 and 9.

2. This is the second round of litigation, as earlier the petitioner had approached this Court by filing C.W.J.C. No. 10663 of 2024 seeking a direction upon the respondents particularly, the Principal, Darbhanga Medical College, Laheriasarai, Darbhanga to issue/release the original certificate/ documents said to have been illegally withheld by him and allow the petitioner to pursue further studies; the petitioner further sought a direction to the respondent authorities to adhere with the direction of the National Board of Medical Sciences in reference to the candidates allotted by the National Education Board to the Medical Colleges in the State of Bihar in regard to the conditions for admission in post MBBS DNB Course and Post Diploma DNB Course.

3. The afore noted writ petition came to be disposed of on 08.08.2024 with a direction to the petitioner to file a detailed representation before the Additional Chief Secretary, Health Department, Bihar, Patna along with all supporting documents, who had further been directed to pass reasoned and speaking order, in accordance with law, after giving proper opportunity to the petitioner. The claim of the petitioner was considered and finally turned down vide order contained in letter No.735(17) dated 16.08.2024, which is impugned herein.

4. The order impugned is said to have been passed without appreciating the terms and stipulations as mandated by the National Board of Examination in Medical Sciences (in short ‘NBEMS’). The petitioner also sought quashing of the order bearing Memo No. 848(17) dated 13.09.2024, issued under the signature of Officer on Special Duty, Department of Health, Patna whereby the petitioner has been posted as Medical Officer in view of the Departmental Letter No. 3(1) dated 03.01.2022, read with Resolution No. 450(1) dated 15.04.2017, as also the Corrigendum Letter No. 479(1) dated 26.04.2017 for three years at Sub-Divisional Hospital, Mahua, Vaishali. Besides the aforesaid reliefs, the petitioner also prayed for release of his original certificate/documents illegally withheld by the Principal of the College so that the petitioner may pursue further studies.

5. Mr. Ali Muqtadir Ahmad, learned Advocate for the petitioner before coming to the point of challenge has narrated the brief facts, inter alia, that the petitioner had successfully qualified the entrance examination (Post Diploma CET) for the post of Diploma DNB Course in Dermatology and has been allotted Darbhanga Medical College for the Session- 2021-23. The petitioner joined the Course on 11.03.2022 and submitted all the original documents i.e. MBBS Degree Certificate, Diploma Certificate, Medical Council Registration Certificate, Diploma Mark-sheet as well as National Medical Council Recognition Certificate, which were duly retained by the College.

6. At the time of admission, there was no information regarding the service bond on the official counselling Website and thus an information had sought for. The Principal, Darbhanga Medical College vide its Memo No. 4759 dated 17.12.2021 informed that the service bond for DNB/Diploma candidate is not applicable till now. However, any further decision by the Health Department, G