Dr. Brijesh Kumar Patel vs Union Of India

Heard on the question of admission and interim relief.

Issue notice, on both counts, to the respondents on payment of process fee within seven days.

The learned counsel for the petitioner submits that in several writ petitions including Writ Petition No.20195/2016, this Court has granted interim orders directing the respondent authorities to return the original documents of the petitioners subject to certain conditions that have been mentioned in the interim orders.

The learned counsel for the petitioner submits that the petitioner has appeared in the entrance examination for various superspeciality courses in the month of December, 2018.

It is submitted that apart from the conditions mentioned by this Court in the interim orders passed in other cases, the petitioner undertakes that he shall seek release of the original documents only in case he receives a call for counselling pursuant to his selection in the entrance examination for superspeciality/DNB/MCH/MD/MS and other recognized courses. He further states that the petitioner has no intention of violating the conditions of bond and in case he is permitted to receive the original documents for appearing in the superspeciality courses, he undertakes that he would render services in rural areas of the State of Madhya Pradesh after completing studies in the super-speciality course. He also submits and undertakes that the documents, if released to the petitioner, shall not be utilized by the petitioner for any other purpose except for obtaining admission in super-speciality course. He clarifies and undertakes that the documents shall not be utilized by the petitioner for obtaining any employment or for obtaining appointment in some colleges or hospitals, either in the State of Madhya Pradesh or elsewhere.

The application and prayer is vehemently opposed by the learned Government Advocate appearing for the State, who submits that in all cases where such permission has been granted, the petitioner after obtaining the original documents is nowhere to be traced and the respondents/authorities of the State are thereafter unable to take any action against him.

Having heard the learned counsel for parties and keeping the concept of parity in mind, by way of an interim measure, it is ordered that in case the petitioner submits an application along with a call letter for appearing in the counselling for admission in the superspeciality courses before the authorities concerned along with the certified copy of the order passed today and a personal bond in the form of an affidavit executed by the guardians or parents of the petitioner to the effect that in case the present petition filed by the petitioner is dismissed or in the event of the requirement as mentioned in the bond is to be executed, the local guardians shall undertake to deposit the amount as per the bond in one installment, the original documents of the petitioner be released subject to the same being replaced by photo copies.

Apart from the above, in accordance with the undertaking given by the learned counsel for petitioner before this Court, it is reiterated that the petitioner shall also give an undertaking in writing that he shall render rural service after completing his studies and that the documents returned to the petitioner shall not be utilized by the petitioner for any other purpose except for the purpose of obtaining admission in the super-speciality/DNB/MCH/MD/MS and other recognized courses and that in case the petitioner violates any of the conditions subject to which the interim order has been passed, the respondent authorities would be at liberty to cancel the registration of the petitioner in terms of the bonds executed by the petitioner. The petitioner also undertakes that he shall produce the copy of this order before the authority which undertakes the process of admission as well as the institution where the petitioner obtains admission.

Subject to the aforesaid terms and conditions and on compliance of the same, the respondents, on being approached by the petitioner, would release the original documents to the petitioner for the aforesaid limited purpose.

It is also made clear that in case the petitioner has been given work in the rural area as per the bond, he would be required to obtain the necessary NOC and other permissions from the concerned employer before he applies for return of documents. While doing so the authorities would also be at liberty to examine as to whether the petitioner who is in service has followed the necessary procedure prescribed by law for appearing in the examination.

However, it is observed that in case there is lack of communication regarding the candidate concerned between the Dean of the College concerned and the Director, Health Services, the petitioner or the candidate concerned would be at liberty to approach the Dean of the concerned College, who in turn shall issue a certificate regarding the authenticity of the claim of the petitioner or the candidate concerned. On the basis of the certificate issued by the Dean, the candidate or the petitioner concerned thereafter would be at liberty to approach the Director, Health Services for obtaining an NOC as directed earlier.

It goes without saying that the Dean and the Director, Health Services both would be at liberty to scrutinize the case of the candidate or the petitioner concerned and thereafter if so required, issue an NOC.

It is made clear that the petitioner shall also submit an undertaking before the authorities to the effect that immediately after completion of the super-speciality course, the petitioner shall join the duties and render rural service within 15 days thereafter.

It is made further clear that in case the petitioner violate any of the terms of the interim order or undertaking given by him, the respondent authorities would take immediate steps to cancel the registration of the petitioner.

List this petition along with Writ Petition Nos. 20195/2016 and other connected matters.

Certified copy as per rules.