Madhya Pradesh High Court
Dr. Sandeep Kumar vs The State Of Madhya Pradesh on 28 August, 2019
Author: R. S. Jha
Bench: Vijay Kumar Shukla, R. S. Jha
1 WP No.9857/2014
& Bunch
HIGH COURT OF MADHYA PRADESH AT JABALPUR
WRIT PETITION NO.9857/2014
PETITIONER : DR. VAIBHAV YAWALKAR
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.9858/2014
PETITIONER : DR. VARUN SHARMA
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.14251/2014
PETITIONER : DR. DHANWANTARI SHUKLA
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.22048/2015
PETITIONER : DR. GAURAV AGARWAL
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.205/2016
PETITIONER : DR. NAGENDRA PRASAD
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.1911/2016
PETITIONER : DR. RICHA SHUKLA
2 WP No.9857/2014
& Bunch
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.3543/2016
PETITIONER : SANDEEP SINGH AWAL
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.3545/2016
PETITIONER : DR. ALKA LOKNATH GUPTA
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.4927/2016
PETITIONER : DR. ANKITA
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.7926/2016
PETITIONER : DR. KUNWAR SIDHARTH SAURABH
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.7929/2016
PETITIONER : DR. VARUN CHAUHAN
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.10618/2016
3 WP No.9857/2014
& Bunch
PETITIONER : DR. VIJAY KHANDELWAL
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.11309/2016
PETITIONER : DR. ROSHAN UTEKAR
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.11886/2016
PETITIONER : DR. SWATI AGRAWAL
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.11900/2016
PETITIONER : DR. ARTI SHARMA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.17450/2016
PETITIONER : DR. KAMLESH PATEL
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.17455/2016
PETITIONER : DR. WATHORE SUMEDH KISHNRAO
Vs.
4 WP No.9857/2014
& Bunch
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.17461/2016
PETITIONER : DR. SAURABH KHARE
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.17469/2016
PETITIONER : DR. RAVI KANT MAHANT
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.17480/2016
PETITIONER : DR. NISHANT PRABHAKAR
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.20195/2016
PETITIONER : DR. AKSHARADITYA SHUKLA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.20621/2016
PETITIONER : DR. VEEMA AHUJA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.20624/2016
5 WP No.9857/2014
& Bunch
PETITIONER : DR. RACHITA RAJ
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.20635/2016
PETITIONER : DR. VANDANA SINGH
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.20644/2016
PETITIONER : DR. DEVRAJ SINGH KUSHWAH
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.21300/2016
PETITIONER : DR. SWAMI PARAVIN MANOHAR
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.21420/2016
PETITIONER : DR. RAHUL KEWAL KUMAR
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.860/2017
PETITIONER : DR. RAVENDRA SINGH
Vs.
RESPONDENTS : STATE OF M.P
6 WP No.9857/2014
& Bunch
AND OTHERS.
WRIT PETITION NO.864/2017
PETITIONER : DR. RAVISHANKAR SHARMA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.1196/2017
PETITIONER : DR. SATYENDRA MISHRA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.1983/2017
PETITIONER : DR. MITHUN KUMAR
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2461/2017
PETITIONER : DR. RUCHI GURBANI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2568/2017
PETITIONER : DR. RAM CHANDRA YADAV
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2750/2017
PETITIONER : DR. PREETI OJHA
7 WP No.9857/2014
& Bunch
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2773/2017
PETITIONER : DR. NEHA VERMA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2774/2017
PETITIONER : DR. SWATI BHALSE
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2778/2017
PETITIONER : RINKU
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2781/2017
PETITIONER : DR. RAJESH BAN GOSWAMI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2782/2017
PETITIONER : DR. RUCHI JOSHI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
8 WP No.9857/2014
& Bunch
WRIT PETITION NO.2787/2017
PETITIONER : DR. SWATI SONI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2868/2017
PETITIONER : DR. RANI SAHU
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.3074/2017
PETITIONER : DR. RAGHVENDRA UPADHYAY M.D
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.3135/2017
PETITIONER : DR. NITIN SALUJA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.6141/2017
PETITIONER : DR. SAKSHI OJHA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.6142/2017
PETITIONER : DR. SHWETA PANDEY
Vs.
9 WP No.9857/2014
& Bunch
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.6143/2017
PETITIONER : DR. GARIMA SOLANKI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.6468/2017
PETITIONER : DR. KRIPA SHANKAR TIWARI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.6475/2017
PETITIONER : DR. ANSHUL SIROLIYA
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.6671/2017
PETITIONER : DR. ANKUR JAIN
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.7152/2017
PETITIONER : DR. SOURABH JAIN
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.7340/2017
10 WP No.9857/2014
& Bunch
PETITIONER : DR. SHIKHA GOYAL
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.7486/2017
PETITIONER : KU. AKRITI GUPTA
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.7604/2017
PETITIONER : DR. MUSKAAN KHOSLA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.8149/2017
PETITIONER : DR. SANDESH KHANDELWAL
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.8150/2017
PETITIONER : DR. ENA AGRAWAL
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.10493/2017
PETITIONER : DR. SUDHANSHU AGRAWAL
Vs.
11 WP No.9857/2014
& Bunch
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.10806/2017
PETITIONER : DR. ANKITA GUPTA
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.11401/2017
PETITIONER : DR. SADHNA DIXIT
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.11437/2017
PETITIONER : DR. AMITA YADAV
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.11498/2017
PETITIONER : DR. JAYANT PATIDAR
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.11499/2017
PETITIONER : DR. VIRENDRA PRATAP SINGH
SAYTODE
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.11881/2017
12 WP No.9857/2014
& Bunch
PETITIONER : DR. AMIT KUMAR CHOUKSE
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.12049/2017
PETITIONER : DR. RICHA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.12241/2017
PETITIONER : DR. ANJALI BAIRAGI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.12349/2017
PETITIONER : DR. ANAND RAO ASHISH
ASHOKRAO
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.12479/2017
PETITIONER : DR. ANUPAM KHANDELWAL
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.13724/2017
PETITIONER : DR. MEENAL CHANDRAVANSHI
13 WP No.9857/2014
& Bunch
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.13732/2017
PETITIONER : DR. JAISINGH ARORA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.14359/2017
PETITIONER : DR. ANUBHUTI KHARE
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.14728/2017
PETITIONER : DR. KOMAL KHETWANI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.19275/2017
PETITIONER : DR. SURYA PRAKASH GARG
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.105/2018
PETITIONER : DR. RICHA GOYAL
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
14 WP No.9857/2014
& Bunch
WRIT PETITION NO.2696/2018
PETITIONER : DR. HASHBUN
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.3342/2018
PETITIONER : DR. PRIYA THAKUR
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2763/2018
PETITIONER : DR. VISHESH JAIN
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2556/2018
PETITIONER : DR. NITESH CHANDRAWANSHI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2558/2018
PETITIONER : DR. MALANKIYA ANKITBHAI
BECHARBHAI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2559/2018
PETITIONER : DR. GIRRAJ SHARMA
Vs.
15 WP No.9857/2014
& Bunch
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2561/2018
PETITIONER : DR. SHILPI CHHARI
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2765/2018
PETITIONER : DR. TRISHANK DHAKAD
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.2562/2018
PETITIONER : DR. ITI JAIN
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.4045/2018
PETITIONER : DR. ARADHANA SALUJA
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.5529/2018
PETITIONER : DR. ASHUTOSH SHARMA
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.5565/2018
16 WP No.9857/2014
& Bunch
PETITIONER : DR. VIVEK DHAKAD
Vs.
RESPONDENTS : STATE OF M.P
AND OTHERS.
WRIT PETITION NO.5848/2018
PETITIONER : DR. CHANDAN SAHU
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.6479/2018
PETITIONER : DR. PUSHPLATA MOURYA
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.6482/2018
PETITIONER : DR. SHILPA RAJPUT
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.7455/2018
PETITIONER : DR. VIDYASHREE CHOUBEY
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.7872/2018
PETITIONER : DR. DEVESH PRATAP SINGH TOMAR
Vs.
RESPONDENTS : UNION OF INDIA
17 WP No.9857/2014
& Bunch
AND OTHERS.
WRIT PETITION NO.8257/2018
PETITIONER : DR. NIKHIL JALORI
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.14758/2018
PETITIONER : DR. DHIRESH JAISWAL
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.15683/2018
PETITIONER : DR. POONAM VERMA
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.16646/2018
PETITIONER : DR. TANMAY ANAND
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.16756/2018
PETITIONER : DR. PALLAVI REDHU
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.17400/2018
PETITIONER : DR. DEEPAK KHARE
18 WP No.9857/2014
& Bunch
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.17811/2018
PETITIONER : DR. VINEET KAUL
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.18113/2018
PETITIONER : DR. ROHITH DANIEL ALEX
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.18221/2018
PETITIONER : DR. ANUBHI PAHARIA
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.18296/2018
PETITIONER : DR. KEERTI BRAR
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.19273/2018
PETITIONER : DR. SANDEEP CHOUHAN
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
19 WP No.9857/2014
& Bunch
WRIT PETITION NO.21474/2018
PETITIONER : DR. PRADEEP KUMAR BISHAL
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.21538/2018
PETITIONER : DR. ANAND NAGDEV
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.21775/2018
PETITIONER : DR. ANKITA UPADHYAY
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.22866/2018
PETITIONER : DR. SWETA RAUT
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.28174/2018
PETITIONER : DR. NEELAM KHATWANI
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.29033/2018
PETITIONER : DR. ABHISHEK SHITOLE
Vs.
20 WP No.9857/2014
& Bunch
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.29938/2018
PETITIONER : DR. BHAKTI PARMAR
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.421/2019
PETITIONER : DR. VANSHAJ RAI
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.909/2019
PETITIONER : DR. VAIBHAV GUPTA
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.1383/2019
PETITIONER : DR. SUDHIR KUMAR GOYAL
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.2641/2019
PETITIONER : DR. UZMA NADEEM SIDDIQUI
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.2829/2019
PETITIONER : DR. SHUBHRA TIWARI
21 WP No.9857/2014
& Bunch
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.5002/2019
PETITIONER : DR. DIVYA RAMRAIKA
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.5556/2019
PETITIONER : DR. SATYAPAL SINGH
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.7269/2019
PETITIONER : DR. BRIJESH KUMAR PATEL
Vs.
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.8206/2019
PETITIONER : DR. GEETIKA MARAVI
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.8396/2019
PETITIONER : DR. KULDEEP GUPTA
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
22 WP No.9857/2014
& Bunch
WRIT PETITION NO.8653/2019
PETITIONER : DR. SHALU SHARMA
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.9237/2019
PETITIONER : DR. KANHAIYA LAL KUMBHKAR
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.12499/2019
PETITIONER : DR. APOORVA SURAN
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.14574/2019
PETITIONER : DR. POKHARKAR ASHITOSH
DATTATRAY
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.14786/2019
PETITIONER : DR. SHUHAIB M.
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.14797/2019
PETITIONER : DR. CHANDRA SHEKHAR RAWAT
Vs.
23 WP No.9857/2014
& Bunch
RESPONDENTS : UNION OF INDIA
AND OTHERS.
WRIT PETITION NO.14799/2019
PETITIONER : DR. NEHA GUPTA
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.14951/2019
PETITIONER : DR. PRACHIR MUKATI
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.15039/2019
PETITIONER : DR. ROUNAK BHANDARI
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.15088/2019
PETITIONER : DR. ADHIRA GOBIND
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.15196/2019
PETITIONER : DR. NISHANT SHRIVASTAVA
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.16136/2019
PETITIONER : DR. HARSHAL PAMECHA
24 WP No.9857/2014
& Bunch
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.16244/2019
PETITIONER : DR. MAYANK SONI
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
WRIT PETITION NO.17233/2019
PETITIONER : DR. SANDEEP KUMAR
Vs.
RESPONDENTS : STATE OF M.P.
AND OTHERS.
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Present : Hon'ble Acting Chief Justice Shri R.S. Jha,
Hon'ble Shri Justice Vijay Kumar Shukla .
For the petitioners : Shri Aditya Sanghi, Shri Sanjay. K.
Agrawal, Shri D. K. Mishra, Shri Rajas
Pohankar, Shri Pradyuman Pare, Shri
Sandeep Koshta, Ms. Ankita Khare,
Shri Brahmanand Pandey, Shri
Siddharth Narula, Shri Rajesh Kumar
Sahu, Shri Darshan Soni, Shri Rahul
Mishra, Advocates, Shri R. P. Agrawal
and Shri Aditya Adhikari, Sr. Counsel
with Shri Pranjal Agrawal and Satish
Chaturvedi, Advocate.
For the respondent UOI :Shri J. K. Jain, Asstt. Solicitor
General.
For the respondent/State: Shri Himanshu Mishra, Govt.
Advocate.
For the respondent/MCI : Smt. Indira Nair, learned Senior
Counsel with Ms. Shikha Sharma,
Advocate.
For the other respondents: Shri Sankalp Kochar, Shri Santosh
Verma, Shri Sanjayram Tamrakar,
Shri Satish Verma, Shri Maninder S.
Bhatti, Advocates.
--------------------------------------------------------------------------------
Whether approved for reporting: YES
25 WP No.9857/2014
& Bunch
Law Laid down :
Significant para nos. :
ORDER
(28/08/2019) Per R. S. Jha, ACJ.
As all these petitions involve adjudication of similar and identical issues, they are heard and decided concomitantly by this common order.
2. This bunch of petitions have been filed by the doctors, who are pursuing Post Graduate Courses, being aggrieved by the imposition of conditions by the State Government for executing a bond to render compulsory services in rural areas notified by the State from time to time with a stipulation that in default thereof, the bond of Rs.10 lakhs for the P.G Course and Rs.8 Lakhs for the Diploma Course would be forfeited.
3. The petitioners have challenged the aforesaid conditions on the ground that those petitioners who have been admitted in the P.G course under the All India Quota seats cannot be made to render compulsory rural service in the State as the conditions imposed by the State are not applicable to All India Quota students.
4. In some of the petitions the petitioners have also challenged the legality and validity of Rules 11 and 17 of 26 WP No.9857/2014 & Bunch the Rules that have been notified from time to time incorporating the condition of execution of a compulsory rural service bond. In some of the petitions the petitioners have challenged the validity of Rule 17 of the Rules for admission in the year 2013 and similar rules that have been incorporated subsequently, wherein it has been stipulated that the original documents of the Doctors would be released only after they fulfill the Bond conditions.
5. In W.P No.9857/2014 the petitioners who had obtained admission for the session 2013-14 have, in addition, challenged the imposition of condition for executing compulsory rural service bond by Executive Instruction dated 16.8.2013, firstly on the ground of lack of power and authority in the State to impose such a condition and, secondly, on the ground that the condition was imposed after the petitioners had already undertaken the 2013 NEET Examination in which there was no requirement or condition for rendering compulsory rural service.
6. It is the contention of the petitioners that since most of them have been admitted through the All India Quota, they cannot be compelled to execute a compulsory rural 27 WP No.9857/2014 & Bunch service bond. The petitioners have also challenged the condition of executing a compulsory rural service bond on the ground that the same is arbitrary and unreasonable as the petitioners cannot be denied their fundamental right to pursue higher studies or to practice any profession.
7. The respondents have filed a return in most of the cases wherein it has been stated that pursuant to the letter of the Ministry of Health and Family Welfare, Govt. of India, dated 2.8.2013/6.8.2013 requiring all the States to include a uniform condition for executing a bond, the State Government had issued Executive Instructions/Directions on 16.8.2013, Annexure P-4, filed alongwith W.P No.9857/2014 which has also been filed as Annexure R-1 by the respondent State, directing all the Medical Colleges in the State to ensure execution of compulsory rural service bond by the students who are granted admission in their college with a further stipulation and condition that their original documents shall be deposited with the College at the time of admission and would be released only on satisfying the bond conditions.
8. The State, in its return, has stated that the Executive power of the State co-exists with the legislative power 28 WP No.9857/2014 & Bunch and as the State has the power to legislate in the field, therefore, it also has the competence to issue Executive Instructions as contained in Annexure R-1 requiring all students and doctors to execute compulsory rural service bond. It is submitted that the aforesaid conditions apply to all students that have taken admission in the State of M.P. irrespective of the fact that they have obtained admission under the All India Quota or the State Quota and a uniform policy in respect of both has been adopted by treating all the students studying in the Medical College in the State of M.P. as one class.
9. The learned Govt. Advocate has also placed before this Court the P.G Admission Rules, i.e. the M.P. Medical and Dental Education P.G Admission Rules 2013, published in the M.P. Rajyapatra (Extra-Ordinary) on 21.5.2013 and has specifically referred to Rule 11 therein which contains a stipulation for executing the compulsory rural service bond.
10. On the strength of the aforesaid Rules notified on 21.5.2013, it is submitted by the learned Govt. Advocate that the contentions, raised by the petitioners in W.P No.9857/2014, to the effect that there were no Rules in the State of M.P. regarding execution of a compulsory 29 WP No.9857/2014 & Bunch rural service bond at the time when they took admission on 17/18.8.2013 is factually incorrect. It is submitted that all the students who took admission in the 2013-14 session were also bound by the aforesaid stipulation in the Rules and the Executive Instructions dated 16.8.2013 and comply the condition of execution of the compulsory rural service bond.
11. The learned counsel for the parties have placed before this Court the decision of the Supreme Court rendered in the case of Association of Medical Super Speciality Aspirants and Residents and others vs. Union of India and others, Writ Petition (Civil) No.376/2018 dated 19.8.2019. In the said decision the Supreme Court has upheld the decisions of the Andhra Pradesh, Himachal Pradesh, Karnataka, Kerala, Maharashtra, Orissa, Rajasthan, Tamil Nadu, Telangana and West Bengal High Courts, upholding similar bond conditions imposed by the aforesaid States.
12. The Supreme Court in the aforesaid decision has repelled similar contentions of the petitioners before it that the requirement of execution of a compulsory rural service bond is not applicable to the All India Quota candidates; that the State has no jurisdiction to issue 30 WP No.9857/2014 & Bunch such Executive Instructions or Rules; that the imposition of the conditions for executing the compulsory rural service bond was in violation of the Fundamental Rights of the doctors and is arbitrary and unreasonable and is, therefore, violative of Articles 19 and 23 of the Constitution of India; that the enforcement of the bond amounted to enforcing a contract of personal service and that the imposition of that condition was in restraint of the right to practice their profession.
13. While negativing all the contentions of the petitioners, the Supreme Court has specifically stated that the condition was in the interest of the public and in furtherance of the object and purpose of Article 21 of the Constitution of India and does not deserve to be quashed, moreso, as the concerned doctors accepted the admissions and enjoyed the benefit of pursuing studies in the State after accepting the conditions without any protest. The Supreme Court has held that the execution of the bond was a part of a composite package which was accepted by the petitioners.
14. All the issues raised by the petitioners in the present petitions have been considered by the Supreme Court in in its decision in the case of Association of Medical 31 WP No.9857/2014 & Bunch Super Speciality Aspirants and Residents (supra) and have been rejected. The issues raised by the petitioners in the present petitions stand rejected by the aforesaid decision of the Supreme Court.
15. The issue raised by the petitioners that similarly placed doctors have been granted relief by the Chhattisgarh High Court by relying on the decision of the Supreme Court rendered in the case of Anand S. Biji Vs. State of Kerala and others, JT 2001 (10) SC 121 and, therefore, the petitioners may also be granted the same relief, is also misconceived. In the case of Association of Medical Super Speciality Aspirants and Residents (supra) the Supreme Court has specifically and categorically held that the decision in the case of Anand S. Biji (supra) and Harsh Pratap Sisodiya Vs. Union of India and others, 1999 (2) SCC 575, did not relate to adjudging the condition for execution of the bond or the conditions of the bond and, therefore, the decision of the Chattisgarh High Court based on Anand Biji (supra) does not render any assistance to the petitioners.
16. In view of the decision of the Supreme Court rendered in the case of Association of Medical Super 32 WP No.9857/2014 & Bunch Speciality Aspirants and Residents (supra), wherein the Supreme Court has extensively considered all the issues and has held that the State has the power to impose the condition of executing a compulsory rural service bond either through Executive Instructions or by any other means; that the All India Quota students and State Quota students belong to the same class as far as the execution of condition of bond is concerned; that the condition imposed by the State for executing such a compulsory rural service bond, does not violate any of the fundamental rights of the petitioners and is neither arbitrary or unreasonable and is infact in furtherance of the object of Article 21 and that it is not in violation of Article 23 of the Constitution of India nor does it amount to imposing any restraint on the profession or execution of any contract for personal service, we do not find any merit in the petitions as the issue raised, stands decided against the petitioners by the aforesaid decision of the Supreme Court.
17. In view of the aforesaid decision of the Supreme Court, the petitions filed by the petitioners, being meritless, are accordingly dismissed, in terms of the decision of the Supreme Court rendered in the case of 33 WP No.9857/2014 & Bunch Association of Medical Super Speciality Aspirants and Residents (supra).
18. In most of these cases, interim orders have been granted for release of the original documents which were submitted by the petitioners subject to certain conditions and undertakings furnished by the petitioners that have been specifically stated in the interim orders. Pursuant to the final decision of this Court passed in these petitions, the authorities of the State would examine the case of each individual petitioner in respect of compliance of the terms and conditions imposed in the interim order as well as the final order passed today, and thereafter, if necessary, take action against the petitioner including immediate cancellation of registration and initiating penal action against the petitioner in case so required.
19. The petitions, filed by the petitioners, are accordingly dismissed.
There shall be no order as to costs.
( R. S. JHA ) ( V. K. SHUKLA) ACTING CHIEF JUSTICE JUDGE mms/- Digitally signed by MONSI M SIMON Date: 2019.09.03 12:09:24 +05'30'