Rajasthan High Court - Jaipur
Dr. Krishnapriya S. Kumar D/O Shri ... vs The State Of Rajasthan on 4 August, 2022
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.11531/2022
1. Dr. Krishnapriya S. Kumar D/o Shri Sajeev Kumar G.,
Aged About 28 Years, R/o Plot No.75, Gali No. 7, Mahadev
Nagar, Skit College Road, Ramnagariya, Jagatpura, Jaipur
(Raj.)
2. Dr. Toshika Agarwal D/o Shri Rajendra Agarwal, Aged
About 26 Years, R/o 2-F-2, Housing Board, Shastri Nagar,
Jaipur (Raj.).
3. Dr. Rohan Grotra S/o Shri Yogesh Grotra, Aged About 29
Years, R/o Flat No. 302, Vanshika Residency, House No.
615, Adarsh Nagar, Jaipur (Raj.).
4. Dr. Syed Ahamed Muftah S/o Shri Syed Nizam Babu, Aged
About 27 Years, R/o A-3, Subash Nagar, Shastri Nagar,
Jaipur (Raj.)
5. Dr. Siddharth Jain S/o Shri Pawan Kumar Jain, Aged
About 26 Years, R/o B-10, Resident Doctor Hostel, Sms
Medical College, Jaipur (Raj.)
6. Dr. Deepak Shanker S S/o Shri Santosh Kumar Kb, Aged
About 29 Years, R/o 376A, Gurunanakpura, Rajapark,
Jaipur (Raj.)
7. Dr. Rishab Jain S/o Shri Manoj Kumar Jain, Aged About 26
Years, R/o 122, Himmat Nagar, Tonk Road, Jaipur (Raj.)
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Medical And Health Services, Govt. Of
Rajasthan, Secretariat, Jaipur, Rajasthan.
2. The Director (P.h.), Medical And Health Services, Govt. Of
Rajasthan, Swasthaya Bhawan, C-Scheme, Ashok Nagar,
Jaipur, 302007 (Raj.).
3. The Principal Secretary, Medical And Health Department,
Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Raj.).
4. The Principal Controller, Sawai Man Singh Medical College,
Wr49-8J8, New Sms Campus Rd., Gangawal Park, Adarsh
Nagar, Jaipur (Raj.)
----Respondents
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(2 of 7) [CW-11531/2022]
For Petitioner(s) : Mr.Vigyan Shah, Adv. with Mr.Akshit
Gupta, Adv. & Ms.Sarah S. Sharma,
Adv.
For Respondent(s) : Mr.Harshal Tholia, Adv. for Dr.V.B.
Sharma, AAG.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
04/08/2022
Learned counsel for the petitioners Mr.Vigyan Shah
submitted that the instant writ petition has been filed by the petitioners challenging the impugned order dated 12.07.2022, whereby the respondents are not releasing the documents of the petitioners to allow them to join Senior Residentship at AIIMS/PGI/JIPMER.
Learned counsel for the petitioners submitted that this Court may consider prayer of interim relief, as offer given to the petitioners directs the petitioners to join by 8 th August, 2022 and in case the petitioners would not able to join the said offer of Senior Residentship, their entire petition would itself become futile exercise.
Learned counsel for the petitioners submitted that the impugned order dated 12.07.2022 has been made applicable by the respondents only for Super Specialty Course and the said order has been made applicable with retrospective effect i.e. from Session 2019-20.
Learned counsel for the petitioners submitted that the petitioners were granted admission in Post Graduation in All India Quota in Session 2019-20 and all the petitioners have completed their Course in July, 2022, on the various dates. (Downloaded on 04/08/2022 at 09:43:33 PM)
(3 of 7) [CW-11531/2022] Learned counsel for the petitioners submitted that the impugned order dated 12.07.2022 provides in its condition that a candidate, who has completed his Super Specialty Course, will be required to give a bond of serving the State for two years and if such service is not rendered, then such candidate/Doctor is required to pay Rs.25,00,000/- and as such bond is also required from such candidates.
Learned counsel submitted that when the petitioners were admitted in the said course in the Session 2019-20, the respondents had issued an order dated 04.09.2020, wherein the State had decided that those candidates, who were appointed as Senior Residents and all the vacancies were filled, then such candidate of Post Graduation, were entitled for return of their original documents.
Learned counsel submitted that the said order dated 04.09.2020 also provided that on selection of Post Graduate Doctors as Senior Residents in the Institutes of National importance like AIIMS/PGI/JIPMER, the candidates were also entitled for return of their original documents.
Learned counsel submitted that the said order dated 04.09.2020 makes the petitioners entitled for releasing of their original documents and as such the respondents cannot be permitted to insist upon giving the bond of serving the State for two years or paying Rs.25,00,000/- for not serving the State.
Learned counsel for the petitioners submitted that initially bond executed by all the petitioners, had specifically provided for serving the Government for a minimum period of 5 years after completion of the Course, if the Government desired to offer appointment to the candidates/Post Graduates. (Downloaded on 04/08/2022 at 09:43:33 PM)
(4 of 7) [CW-11531/2022] Learned counsel submitted that in the present case, one of the petitioner had applied for appointment as a Senior Residents in the Pulmonary Department in SMS Medical College in pursuance of notification dated 01.06.2022 and in the final result dated 21.07.2022, it does not contain name of the petitioner No.1.
Learned counsel submitted that all the petitioners have not been asked to serve the State Government and as such the Government is not in a position to offer job or Senior Residentship to the petitioners and as such the petitioners, who have already been selected as Senior Residents in other Premium Institution, should not be deprived to get their original papers.
Learned counsel for the petitioners submitted that the petitioners are prepared to serve the Government after completion of their assignment as Senior Residents having duration of two years and if after completing the course, they do not serve the State of Rajasthan, the petitioners would furnish a bond to the same effect and the Government can always recover the said amount of Rs.25,00,000/- from them.
Learned counsel appearing for the State Mr.Harshal Tholia submitted that as far as application of earlier order dated 04.09.2020 is concerned, the same is not applicable in view of revised guidelines issued by the State Government, as per the order dated 12.07.2022.
Learned counsel submitted that the petitioners, at this stage, cannot say that they will not be offered appointment on the post of Senior Residents and the State Government in pursuance of the order dated 12.07.2022, has also issued an order dated 22.07.2022, whereby the State Level Counselling Board has been constituted, which will undertake the requisite exercise of (Downloaded on 04/08/2022 at 09:43:33 PM) (5 of 7) [CW-11531/2022] considering employment and Senior Residenship to the different Post Graduate Candidates.
Learned counsel submitted that the petitioners cannot plead at this juncture that the requirement of job is not with the State and the petitioners will not be employed.
Learned counsel submitted that the petitioners if want to pursue their job of Senior Residents at different places, they are necessarily required to compensate the State Government by paying the requisite amount of Rs.25,00,000/- and then only original papers of the petitioners can be released.
This Court finds that the Apex Court in the case of Association of Medical Superspeciality Aspirants and Residents and Ors. Vs. Union of India and Ors. reported in (2019) 8 SCC 607 has held that the State Governments have right to impose condition of compulsory service for a period of two years and in default, the Doctors will recompensate the Government by paying Rs.25,00,000/-.
This Court, prima-facie finds that the State has power to ask for execution of a bond in the eventuality of Doctors not serving the State, as required by the particular State Government.
Learned counsel Mr.Vigyan Shah appearing on behalf of the petitioner was asked to seek instructions from his clients, as whether the petitioners are prepared to give undertaking before the State Government to serve the State for two years, if such appointment is offered to the petitioners and further if the employment will not be accepted by the petitioners, whether the petitioners would be prepared to pay Rs.25,00,000/- to the State Government.
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(6 of 7) [CW-11531/2022] Learned counsel submitted that this Court may consider imposition of such condition of service of two years or paying the amount of Rs.25,00,000/- after petitioners complete their course.
This Court again asked learned counsel for the petitioners to seek instructions as whether the petitioners would be prepared to give undertaking/bond to the State Government for serving the State if the employment is offered during the job of Senior Residents, which the petitioners intend to take and if they do not serve the State, they will be required to pay a sum of Rs.25,00,000/-.
Learned counsel, on instructions, submitted that this Court may pass appropriate orders, but at least the petitioners may be permitted to get their original papers enabling the petitioners to join on or before the 8th August, 2022 i.e. the last date for joining the job of Senior Residents.
I have heard the submissions made by learned counsel for the parties and perused the material available on record.
This Court finds that the issue will be decided finally with respect to the conditions, contained in the impugned order dated 12.07.2022.
However, as an interim measure, this Court directs that the petitioners would be required to give undertaking/bond before the State Government to serve for a period of two years, if such offer of appointment is given to the petitioners during the period when they undertake the job of Senior Residents and in case after the offer being made to the petitioners, they do not join the Course, the State Government will be at liberty to recover Rs.25,00,000/- from the petitioners.
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(7 of 7) [CW-11531/2022] Learned counsel for the respondents Mr.Harshal Tholia, at this juncture, submitted that at least condition may be imposed on the petitioners that they may join the course/employment, offered to them and if they do not participate in the process itself, the petitioners should be held liable for violating the conditions of the undertaking/bond.
This Court makes it clear that if the State Government undertakes any exercise of offering the employment or Senior Residentship to the candidates including the petitioners and after participating in the process, if the petitioners do not join the said course, the State Government will be free to proceed, as per terms of the undertaking/bond to recover money of Rs.25,00,000/-..
This Court directs that expeditious steps should be taken by both the petitioners as well as by the State Government to undertake the aforesaid exercise as the petitioners are supposed to join by 8th August, 2022.
The petitioners, on furnishing such undertaking/bond will be entitled to release of their original papers and this order be subject to final outcome of the writ petition and no equity will be claimed on the basis of the present interim order passed by this Court.
List the matter after four weeks.
(ASHOK KUMAR GAUR), J Monika/Himanshu Soni/63 (Downloaded on 04/08/2022 at 09:43:33 PM) Powered by TCPDF (www.tcpdf.org)