Advocates:
['HUKAM SINGH', 'MANISH VYAS AAG', '', 'MANISH KUMAR']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 14865/2019

Dr. Raghvendra Singh S/o Chokhe Lal Faujdar, Aged About 31

Years, R/o Aou Gate Deeg, District Bharatpur (Rajasthan).

----Petitioner

Versus

1.

State Of Rajasthan, Through Principal Secretary Medical

And Health Department, Government Of Rajasthan, Govt.

Secretariat, Jaipur.

2.

The Principal Secretary, Medical Education, Government

Secretariat, Jaipur.

3.

The Director, Medical And Health, Swasthya Bhawan, Tilak

Marg, C-Scheme, Jaipur (Raj.).

4.

R.n.t. Medical College, Udaipur Through Its Principal.

----Respondents

For Petitioner(s)

:

Mr. Hukam Singh

For Respondent(s)

:

Mr. Kailash Choudhary for

Mr. Manish Vyas, AAG

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

05/12/2019

This writ petition has been filed by the petitioner aggrieved

against communication dated 20.09.2019, whereby, petitioner has

been called upon to deposit amount of bond of Rs. 5 lakh and a

direction to the respondents to release the original

documents/certificates of the petitioner and be relieved to join on

the post of Medical Officer.

It is, inter alia, indicated in the writ petition that the

petitioner, who was working as Medical Officer, after participating

(2 of 6)

[CW-14865/2019]

in offline counselling dated 23-25.04.2019 was allotted MS

(Anatomy) in RNT Medical College, Udaipur.

As per the requirements the petitioner produced surety bond

dated 31.05.2019, inter alia, against non-joining the course,

leaving the course before completion and termination on account

of unsatisfactory performance/misconduct/indiscipline for a sum of

Rs. 3.50 lakh and bank guarantee of Rs. 1.50 lakh alongwith

refund of stipend received by the petitioner.

On 01.08.2019 and 20.08.2019 the petitioner submitted an

application for leaving the P.G. Course. However, the petitioner

was not relieved and, therefore, the petitioner again submitted

application dated 11.09.2019, wherein, by communication dated

20.09.2019 the petitioner was informed that only on deposit of a

sum of Rs. 5 lakh, action would be taken on the application filed

by the petitioner for leaving the P.G. Course.

Feeling aggrieved, the present writ petition has been filed.

It is, inter alia, submitted by learned counsel for the

petitioner that the respondents are not justified in demanding the

amount of surety of Rs. 5 lakh from the petitioner, inasmuch as,

this Court in the case of Dr. Prafull Mehta v. State of Rajasthan &

Anr. : 2014 (2) RLW 1039 (Raj.) has laid down that the amount is

not recoverable.

Further submissions have been made that the State

Government vide order dated 14.03.2019 (Annexure-4) had

waived off the production of bond, inter alia, in P.G. Course

pertaining to Anatomy, which order was modified on 18.03.2019

(Annexure-5) correcting the typographical error and making the

same effective for Session 2019-20 and, therefore, the action of

the respondents in demanding the amount of surety bond

(3 of 6)

[CW-14865/2019]

deserves to be quashed and set aside and the respondents be

directed to relieve the petitioner.

Learned counsel appearing for the respondents submitted

that reliance placed on judgment in the case of Dr. Prafull Mehta

(supra) is not justified, inasmuch as, the petitioner therein had

paid amount of surety bond of Rs. 5 lakh and had only questioned

the demand of refund of stipend, which demand was quashed by

the Court.

In relation to the order dated 14.03.2019 it was submitted

that the order has been passed by the respondents with reference

to the orders dated 24.02.2015 and 07.08.2015, which pertain to

the submission of bond for commitment to serve the State

Government for five years and the amount of bond was Rs. 15

lakh and that the said order does not pertain to the surety bond of

Rs. 5 lakh, which is rightly being demanded from the petitioner

and, therefore, the petition deserve