Jharkhand High Court
Dr. Abhishek Kumar Singh And Others vs The State Of Jharkhand And Others on 25 May, 2018
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WPC No. 2628 of 2018
Dr. Abhishek Kumar Singh and others ...... Petitioners
Versus
The State of Jharkhand and others
...... Respondents
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioners : Mr. Amit Kr. Das, Advocate
For the State : Mr. D.K.Dubey, Advocate
For the RIIMS : Dr. Ashok Kumar Singh, Advocate
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02/Dated: 25/05/2018
Heard learned counsel for the petitioners, Mr. Amit Kr. Das and learned counsel for the RIIMS Dr. Ashok Kumar Singh as well as learned counsel for the State Mr. Dhananjay Kumar Dubey.
I.A. No. 4707 of 2018 The contention of the petitioner that a circular was issued by the State of Jharkhand on 22.12.2015 which has been annexed as Annexure-3, whereby in clause-2 and clause-3, there is some condition that if a person who is doing P.G. course is leaving the course, he has to pay a sum of Rs. Ten lakhs as a compensation as well as the amount paid to him under scholarship will also be recovered. In clause-3, the State Government has said that, in case the person is not working as a Medical Officer for a period of one year in rural areas under
the Jharkhand Government, the person has to pay a sum of compensation of Rs. Fifteen lakhs. The State Government in view of that circular has initiated a process for taking admission in P.G. course vide advertisement dated 17.10.2017. The result was published, the counselling was conducted and pursuant thereto in compliance of circular dated 22.12.2015, the petitioners have executed a bond.
On 24.04.2018, the State Government subsequently came with a new circular, whereby the clause 2 and clause 3 of the earlier circular dated 22.12.2015 has been changed by directing the students to execute a bond of Rs. Thirty lakhs in case, they leave the P.G. course before their completion and also directed to execute a bond with respect to serving the Government of Jharkhand for three years, in case of failure, the P.G. student has to pay a compensation of Rs. Thirty lakhs.
The counsel for the petitioners has submitted that since this circular has been issued pursuant to fulfilling their bond on 23.04.2018 and as such the same cannot been applicable to them.
Learned counsel appearing on behalf of the RIIMS, Dr. Ashok Kr. Singh has submitted that it is the policy of the State Government for protecting their recognition of the college as well as to provide essential health service to the people at large. Learned counsel for the RIIMS has further submitted that the State Government is facing acute problems in non-clinical departments, large number of seats are remaining vacant and new circular has been issued by the State Government to make such change in its policy.
Learned counsel for the State has supported the argument made by Dr. Ashok Kr. Singh.
Be that as it may, after considering the facts and circumstances of this case, this court is of the opinion that it requires a detailed counter-affidavit on behalf of the respondents-authorities.
In the meantime the petitioners are directed to execute a bond pursuant to the new circular dated 24.04.2018 as their classes is to commence on 31st May, 2018 but such bond will be depending upon the result of the writ petition.
I.A. No. 4707 of 2018 is disposed of.
WPC No. 2628 of 2018The respondents are given eight weeks time to file counter-affidavit. The petitioners are further given two weeks time to file Rejoinder. Put up this case on 10.09.2018 before an appropriate Bench having the roster.
Let a copy of this order be handed over to Dr. Ashok Kumar Singh, learned counsel for RIIMS and Mr. Dhananjay Kumar Dubey, learned counsel for the State.
( Kailash Prasad Deo, J.) Pallavi/