Karnataka High Court
G Siri vs Union Of India And Ors on 24 July, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2023:KHC-K:5715
WP No. 201794 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.201794 OF 2023 (EDN-RES)
BETWEEN:
G. SIRI
D/O JAYARAMA REDDY G. G.
AGE: 23 YEARS, OCC: STUDENT
R/O 3RD CROSS, LEFT SIDE S.L.LAYOUT
BEHIND GANDHI NAGAR,
BELLARY
...PETITIONER
(BY SRI. KRUPA SAGAR PATIL, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH AND
FAMILY WELFARE
NIRMAN BHAVAN
NEW DELHI-110001
Digitally signed by REPRESENTED BY ITS SECRETARY,
VARSHA N RASALKAR
Location: HIGH COURT
OF KARNATAKA
2. THE EMPLOYEES STATE
INSURANCE CORPORATION
MEDICAL DIVISION-IV,
HEAD QUARTERS OFFICE,
PANCHADEEP BHAVAN, C.I.G. MARG
NEW DELHI-110002,
REPRESENTED BY ITS DIRECTOR GENERAL
3. THE EMPLOYEES STATE
INSURANCE CORPORATION
DENTAL COLLEGE, KALABURAGI,
SEDAM ROAD
KALABURAGI-585106,
REPRESENTED BY ITS DEAN
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NC: 2023:KHC-K:5715
WP No. 201794 of 2023
4. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCES
4TH T-BLOCK, JAYANAGAR,
BENGALURU-560041,
REPRESENTED BY ITS REGISTRAR
...RESPONDENTS
(BY SRI SUDHIRSINGH R. VIJAPUR, DSGI FOR R1;
SRI.SANJEEV KUMAR C. PATIL, ADVOCATE FOR R2 AND R3;
SRI R.J.BHUSARE, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.3 TO RECONSIDER THE REPRESENTATIONS OF
THE PETITIONER DATED 16.05.2023 AND 24.05.2023 AT
ANNEXURES-G AND H TO THE WRIT PETITION AND FURTHER DIRECT
THE RESPONDENT NO.3 TO RETURN THE ORIGINAL DOCUMENTS
SUBMITTED BY THE PETITIONER AT THE TIME OF HER ADMISSION
TO THE 3RD RESPONDENT COLLEGE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
i. "Issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondent No.3 to reconsider the representations of the petitioner dated 16.05.2023 and 24.05.2023 at Annexure-G and H to the writ petition and further direct the respondent No.3 to return the original documents submitted by the petitioner at the time of her admission to the 3rd respondent college.
ii. Grant such other relief/s, as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity."-3-
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2. The petitioner joined respondent No.3-college in the academic year 2017-18 for Bachelor of Dental Sciences (BDS) course, she having secured the seat on merit in terms of her scoring in the National Entrance-Cum-Eligibility Test (NEET), the respondent No.2 on 28.07.2020 had issued a memorandum as regards the bond to be executed, requiring the petitioner to serve for a period of one year in a hospital designated by respondent No.2. In pursuance thereof, the petitioner executed such a bond and submitted all her original documents to respondent No.3. The petitioner underwent internship from 01.01.2022 to 02.01.2023 for a period of one year. The petitioner, wanting to take up her Masters in Dental Sciences (MDS), appeared for the NEET-PG entrance exam where she secured the ranking of 5128. For the purposes of taking up her MDS course, the petitioner was required to submit all the original marks cards for verification which were held by respondent No.2. On a request being made, the -4- NC: 2023:KHC-K:5715 WP No. 201794 of 2023 respondent No.2 refused to hand over the said documents and imposed a condition that unless the petitioner executes a bank guarantee in favor of the respondent No.3. The petitioner submitted a representation on 16.05.2023, undertaking that she will render one year service after she completes her post graduation/MDS course, which was not acceded to. As such, the petitioner had approached this Court in W.P.No.201566/2023 seeking for consideration of the said representation. The said writ petition came to be withdrawn. Thereafter, the present writ petition has been filed having come to know of a memorandum dated 30.03.2021 at Annexure-K.
3. Relying on the said memorandum, Sri Krupa Sagar Patil, learned counsel for the petitioner submits that the requirement of serving one year with a designated institution by respondent No.2 will only arise if a posting is given by respondent No.2. Since no such posting has been given, the petitioner is now unable -5- NC: 2023:KHC-K:5715 WP No. 201794 of 2023 to either take up her post graduation or to join any other work, thereby depriving her of making use of her education towards which she has spent nearly six years from the year 2017 to 2023. On these grounds, he submits that the above petition is required to be allowed and respondents are directed to hand over the original documents.
4. Sri.Sanjeev Kumar C. Patil, learned counsel for respondent Nos.2 and 3 would submit that the allocation of posting is to be done by respondent No.2. Respondent No.3-College has forwarded all the details to respondent No.2 who is in the process of allotting the posting to the petitioner and in this background he submits that when the process is on, the respondent No.3 cannot hand over the original documents to the petitioner. On these grounds, he submits that the above petition is required to be dismissed. -6-
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5. Heard Sri.Krupa Sagar Patil, learned counsel for the petitioner and Sri Sanjeev Kumar C. Patil, learned counsel for respondent Nos.2 and 3.
6. Respondent Nos.1 and 4 submit that the lis is between the petitioner and respondent No.2 and 3 and that they have nothing to add.
7. The short point that would arise for consideration is whether the respondent Nos.2 and 3 can deny the return of the original documents of a student even though the student has not been provided a posting in terms of memorandum dated 30.03.2021.
8. The memorandum dated 30.03.2021 reads as under:
MEMORANDUM SUB: Revision of Bond conditions in r/o under- graduate (MBBS/BDS) students of ESIC Medical / Dental Colleges-reg.
Sir / Madam, In pursuance to approval by Competent Authority, the undersigned is directed to refer to the captioned subject and to convey partial modification of revised Bond conditions in r/o furnishing Bank Guarantee / retention of original documents for under-graduate (MBBS/BDS) -7- NC: 2023:KHC-K:5715 WP No. 201794 of 2023 students of ESIC Medical / Dental Colleges, issued vide Memorandum No.L-11/12/3/2018/ Corp.Cell/ MEC(PF) dated 28.07.20 (enclosed), as under:
2. The pass-out (MBBS/BDS) shall be given options as under:
2.1 Furnishing Bank Guarantee 1 month before completion of internship, for a period of 14 months.
Original documents would be retained by ESIC till the submission of BG.
OR 2.2 Original documents to be retained by ESIC till Bond conditions are met with, ie. completion of service under bond or payment in lieu. The pass-out would be exempt from furnishing Bank Guarantee under this option.
3. UG Pass-outs would be allotted postings for utilization of their services under Bond before completion of internship, based on their preferences and in order of merit which will be based on equal i.e. 50% weightage, given to:
(i) NEET-UG Score
(ii) Percentage of marks obtained in MBBS/BDS Professional examinations (all).
4. In event, ESIC is unable to give postings in the absence of vacancy or otherwise, the pass-outs would be offered the option to be relieved from Bond without any obligations.
5. The pass-out/existing students (MBBS/BDS) can opt for revised Bond condition till 15.05.2021.
6. The other contents of letter dated 28.07.2020 remain unchanged. The revised Bond document is enclosed.
(V.K.Sharma) Dy.Director (ME) -8- NC: 2023:KHC-K:5715 WP No. 201794 of 2023
9. A perusal of the memorandum would indicate that the same has been issued in modification of the earlier memorandum requiring furnishing of bank guarantee. The pass-out students are given an option to furnish a bank guarantee one month before completion of internship for a period of 14 months. It is on the furnishing of bank guarantee that the original documents would be returned to the students by the respondent No.2 or the original documents would be retained by respondent No.2 till the completion of service under the bond or payment in lieu thereof. In such a situation, the student would be exempted from furnishing bank guarantee.
10. There is an obligation imposed in terms of para-3 of the said memorandum requiring that all undergraduate pass-outs would be allotted postings for utilization of their services under the bond before completion of internship, based on their preferences and merit. In terms of para-4, in the event of -9- NC: 2023:KHC-K:5715 WP No. 201794 of 2023 respondent No.2, being unable to give postings in the absence of vacancy or otherwise, the pass-out students would be offered the option to be relieved from the bond without any obligations.
11. In the present case, the petitioner underwent internship from 01.01.2022 to 02.01.2023 and by applying para-3 of the said memorandum, it was required of the respondent No.2-ESIC to provide a posting to the petitioner before her internship was completed. Admittedly, no such posting was given to the petitioner within the period of internship, in fact no posting been given till date, that is after more than six months after the completion of the internship.
12. The mandate under para-3 not having been fulfilled by respondent No.2, I am of the considered opinion that respondent No.3 cannot now contend that respondent No.2 is still in the process of considering the allocation of postings to the students who have completed their
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NC: 2023:KHC-K:5715 WP No. 201794 of 2023 internship and therefore, respondent No.3 is unable to hand over the original documents.
13. Once the posting is not allocated before the completion of internship in terms of para-3, then the obligation of continuing under the bond cannot be imposed either by respondent No.2 or respondent No.3 in terms of para-4 of the memorandum. The respondent No.2 had a period of five years during the course and one year during the internship to allocate the postings to the students who have passed out from his or her undergraduate course for BDS or MBBS such posting not being given, such students cannot be denied making use of his or her education merely on the ground that respondent No.2 is still processing and considering the allocation of postings to the student who has passed out and completed his or her internship.
14. The respondent No.2 will be well advised that any posting is to be offered in terms of the memorandum
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NC: 2023:KHC-K:5715 WP No. 201794 of 2023 dated 30.03.2021, in terms whereof, such posting has to be made within the period of internship and once the internship period is over and posting not given, the bond by virtue of the memorandum itself, would stand lapsed and the respondent No.2 or the college would have to return all the original documents to the student.
15. In that view of the matter, I pass the following:
ORDER i. The writ petition is allowed.
ii. Respondent No.3 is directed to handover all original documents belonging to the petitioner to the petitioner within a period of two days from today.
iii. Considering that the postgraduate counseling subsequent to NEET exam is scheduled on 27.07.2023, Sri.Sanjeev Kumar C. Patil, learned counsel for
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NC: 2023:KHC-K:5715 WP No. 201794 of 2023 respondent Nos.2 and 3 is directed to instruct the concerned to handover the documents without waiting for a copy of the order.
Sd/-
JUDGE VNR List No.: 1 Sl No.: 34