Gujarat High Court
Pratik Mahavir Chudiwal vs State Of Gujarat on 25 July, 2023
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
NEUTRAL CITATION
C/SCA/12488/2023 ORDER DATED: 25/07/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12488 of 2023
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PRATIK MAHAVIR CHUDIWAL
Versus
STATE OF GUJARAT
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Appearance:
MR HET N SHAH(11211) for the Petitioner(s) No. 1
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1
MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1,2
MS DISHA N NANAVATY(2957) for the Respondent(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 25/07/2023
ORAL ORDER
1. Heard learned Advocate Mr. Het N. Shah on behalf of the petitioner, learned AGP Mr. Sahil Trivedi for the respondents No. 1 and 2 and learned Advocate Mr. Mitul Shelat with learned Advocate Ms. Disha N. Nanavaty on behalf of the respondents No. 3 and 4.
2. By way of this petition, the petitioner has sought for various prayers and whereas learned Advocate Mr. Het N. Shah, under instructions, would submit that the petitioner would restrict scope of the petition only with regard to prayers (27)(A) and (27) (B) which are reproduced hereinbelow :
"(27).(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus and/or Page 1 of 6 Downloaded on : Sat Sep 16 22:43:48 IST 2023 NEUTRAL CITATION C/SCA/12488/2023 ORDER DATED: 25/07/2023 undefined other appropriate writ, order or directions directing the respondent authorities to forthwith return the original documents of the petitioner i.e 10th and 12th Mark-sheet, Passing Certificate and other documents which were submitted at the time of admission of the present petitioner and further to grant Final Degree Certificate, Internship Completion Certificate, No-Objection Certificate, Migration certificate, Transfer certificate and Attempt and Bona-fide certificate to the present petitioner in the interest of justice;
(B) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus and/or other appropriate writ, order or directions, directing the respondent No.3 - Institute to relax the conditions of the Bond agreement and further be pleased to permit the petitioner to continue his pending 10 months of services, after completion of his Post-
Graduation Course and Senior Resident Bond in the interest of justice."
3. It would appear that the present petitioner has been granted admission in MBBS Course against Jain Minority Quota for Batch-2016- 2011 in Smt. B.K. Shah Medical Institute and Research Center under Sumandeep Vidyapeeth Deemed University, Waghodia, District Vadodara. It would appear that the petitioner has completed his MBBS Course and has also completed his internship. It would appear that the fees for Jain Minority Quota, was a reduced fees as compared to the General Category fees and whereas the petitioner for availing of the said benefit had been required to execute a bond and whereas according to the bond, if the petitioner does not fulfill the service liability, then the petitioner would have to pay the difference of fees between General Category and Jain Category with 12% Page 2 of 6 Downloaded on : Sat Sep 16 22:43:48 IST 2023 NEUTRAL CITATION C/SCA/12488/2023 ORDER DATED: 25/07/2023 undefined interest per annum. While it would appear that various contentions have been raised in the petition, it is required to be noted that the petitioner, had been issued with a letter of appointment as a Tutor in the Microbiology Department of the respondent- Institue from 13.05.2022 i.e. as per the requirement of the undertaking and whereas the petitioner has started working as Tutor from 13.06.2022 and working till date. It is submitted on behalf of the petitioner that while the requirement of the undertaking/bond is that the petitioner should work for 24 months and whereas the petitioner has already put in 14 months of his service.
4. It would also appear that in the interregnum the petitioner had appeared in the NEET-PG-2023 Examination and has secured high scores in the all India Rank Category and whereas the petitioner is hopeful of getting admission in PG Quota. It would also appear that for availing of the same, the petitioner would require his original certificates including his 10th Standard and 12th Standard Mark-Sheets, School Leaving Certificate, MBBS Degree, Internship Completion Certificate and No Objection Certificate and whereas it is the case of the petitioner that though a communication dated 21.06.2023 has been submitted to the Registrar of the respondent No.4 - University, inter alia submitting that the documents may be released in favour of the petitioner and the petitioner would undertake to complete the remaining period of the 24 months after his PG Course is over, yet the Page 3 of 6 Downloaded on : Sat Sep 16 22:43:48 IST 2023 NEUTRAL CITATION C/SCA/12488/2023 ORDER DATED: 25/07/2023 undefined respondent No.4 has neither returned the documents nor has the respondent in any way communicated any rejection to the petitioner.
5. As against the above submissions, learned Advocate Mr. Shelat would submit that since the petitioner has restricted the scope of the petition to prayers (27)(A) and (27) (B), more particularly to prayer (B), whereby the petitioner is inter alia seeking to complete his PG Course subject to the condition that after completion of his PG Course and Senior Resident Bond, the petitioner would complete the remaining period of 24 months service with the respondent No.4 as per the undertaking, and whereas learned Advocate Mr. Shelat would further fairly submit that though the respondent No. 4 is not in receipt of a request letter dated 21.06.2023, nevertheless, in view of the undertaking that upon completion of the PG Course as well as Senior Resident Bond, the petitioner would complete the remaining period of the 24 months as per the Bond given to the respondent No.4 -University, the respondent No.4-University would not have any objection to returning the original documents of the petitioner, provided the petitioner submit an undertaking before this Court as stated by the learned Advocate that upon completion of his PG Course as well as Senior Resident Bond, the petitioner would complete the remaining period of service with the respondent as per the Bond originally given to the respondent No.4.
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6. Considering the submissions made by learned Advocates, more particularly having regard to the fair stand taken by the respondent No.4, in the considered opinion of this Court, the following directions ought to be passed.
(A) The petitioner to tender an undertaking before this Court that upon completion of his Post-Graduation Course and Senior Resident Bond, the petitioner would comply with the bond/undertaking given to the respondent No.4 at the time of getting admission in the MBBS Course in the Jain Minority Quota i.e. he will complete the remaining part of the 24 months of service which he had undertaken to do with the respondent No.4.
(B) Upon such undertaking being furnished, the respondent No.4 shall return all the original documents of the present petitioner as referred to hereinabove.
(C) The petitioner shall strictly abide by his undertaking and whereas if the petitioner tries to evade the undertaking given to this Court, then it would be open for the respondents No.3 and 4 to take out appropriate proceedings including but not restricted to invoking the jurisdiction of the Contempt of Courts Act.
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7. With the above observations and directions, the present petition is disposed of as partly allowed.
(NIKHIL S. KARIEL,J) BDSONGARA Page 6 of 6 Downloaded on : Sat Sep 16 22:43:48 IST 2023