Delhi High Court - Orders
Md Najim And Ors vs Esi Pgimsr, Basaidarapur And Ors on 1 October, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~17 (2021 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1410/2019
MD NAJIM AND ORS. ..... Petitioners
Through: Ms. Kanika Agnihotri, Mr.
Vaibhav Agnihotri and Mr.
Karanjot Singh Mainee,
Advocates.
versus
ESI PGIMSR, BASAIDARAPUR AND ORS. ..... Respondents
Through: Mr. Yakesh Anand, Ms. Sonam
Anand and Ms. Deepshikha
Sansanwal, Advocates for R-1 and
R-2.
Mr. Vikram Jetley, CGSC with Mr.
Piyush Gaur, Advocate for R-
4/UOI.
Mr. Jasbir Bidhuri, Advocate for
R-5/GGSIPU.
Mr. Apoorv Kurup and Ms. Nidhi
Mittal, Advocates for UGC.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 01.10.2021 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
CM APPL. 34590/2021 (for directions)
1. Three of the petitioners in the present writ petition have filed this application inter alia for a direction upon the respondents to release their original documents, as enumerated in paragraph 15 of the application:
Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:01.10.2021 21:01:00 W.P.(C)1410/2019 Page 1 of 3a. "MBBS Mark Sheets submitted at the time of admission;
b. Consolidated MBBS Mark sheet submitted at the time of admission;
c. Provisional MBBS Certificate submitted at the time of admission;
d. Internship Completion Certificate submitted at the time of admission;
e. 10th and 12th Pass Certificate submitted at the time of admission;
Delhi Medical Council Certificate submitted at the time of admission;"
2. The principal dispute in the writ petition relates to the validity of the bond relied upon by the respondents, under which the petitioners were liable to serve in the respondent-institution for a period of three years after completion of their MBBS degree upon a bond of ₹25,00,000/-. Mr. Yakesh Anand, learned counsel for the respondent nos. 1 and 2, states that during the pendency of the writ petition, the tenure of the bond has been reduced from three years to two years, and the amount has been reduced from ₹ 25,00,000/- to ₹10,00,000/-. The petitioners now seek to apply elsewhere, for which they require their certificates/documents.
3. After some hearing, Mr. Vaibhav Agnihotri, learned counsel for the petitioners/applicants, states that the applicants are agreeable to depositing the sum of ₹10,00,000/- each in this Court, as a condition for release of the documents. Upon deposit of the said amount, Mr. Anand accepts that the respondent-institution stands protected as far as the bond amount is concerned. However, he submits that the petitioners/applicants are also in arrears of a considerable amount by way of fees. The Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:01.10.2021 21:01:00 W.P.(C)1410/2019 Page 2 of 3 applicants are also directed to submit to the Court, an undertaking to the effect that they will abide by the directions of the Court with regard to payment of arrears of fees.
4. Upon the undertaking being submitted, and the amount of ₹10,00,000/- being deposited with the Registrar General of this Court, the respondents will release the documents mentioned in paragraph 15 of the application to the petitioners within one week thereafter.
5. The amount deposited will be kept by the Registrar General in a Fixed Deposit for a period of six months, and will be renewed until further directions of this Court.
6. This order has been passed without prejudice to the rights and contentions of the parties, and subject to further orders passed in the writ petition.
7. The application stands disposed of.
PRATEEK JALAN, J OCTOBER 1, 2021 'vp' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:01.10.2021 21:01:00 W.P.(C)1410/2019 Page 3 of 3