L. Nageswara Rao, J. - (1.) Leave granted. 1. The controversy in these cases pertains to the compulsory bonds to be executed for admission to post-graduate medical courses and super speciality courses. The Association of Medical Super Speciality Aspirants and Residents has filed Writ Petition (Civil) No.376 of 2018 seeking a writ of mandamus for quashing the compulsory bond conditions, as imposed in the super speciality courses by the States of Andhra Pradesh, Goa, Gujarat, Himachal Pradesh, Karnataka, Kerala, Maharashtra, Orissa, Rajasthan, Tamil Nadu, Telangana and West Bengal respectively. A further direction is sought for returning the original mark-sheets, certificates and other documents retained by the respective State authorities after the completion of the concerned speciality courses.
(2.) Writ Petition (Civil) No.946 of 2018 is filed challenging the Notification dated 10.06.2014 issued by the Government of West Bengal by which every post-graduate trainee was directed to execute an Indemnity Bond to serve the State Government for a period of three years after successful completion of post-doctoral/MD/MS course and for a period of two years after successful completion of the PG Diploma course. If the trainees fail to serve the State Government as mentioned above, they shall be liable to recompense the State Government a penalty amount of Rs.10 Lakhs for each defaulting year. The Appellants seek release of original documents without insisting on the payment of Rs.30 Lakhs as envisaged by the Notification dated 10.06.2014.
(3.) Notifications issued by the Department of Health and Family Welfare, Government of West Bengal imposing the condition of execution of compulsory bond at the time of admission to post-graduate courses and super speciality courses were challenged in the High Court of Calcutta. Notification dated 31.07.2013 which was assailed in the High Court required the Appellant-doctors to work in the Multi-Speciality/ Super Speciality Hospitals, Secondary and Tertiary Level Hospitals in West Bengal for a period of one year after completion of their post-graduate and post-doctoral education in State Medical Teaching Institutions in West Bengal. Execution of bond at the time of admission to post-graduate courses and super Speciality courses, providing that they shall serve the State Government for a period of one year on successful completion of the courses, failing which they will be liable to recompense the State Government a penalty amount of Rs.10 Lakhs, was made compulsory. Partially modifying the Notification dated 31.07.2013, the Government of West Bengal issued a Notification on 10.06.2014 by which the condition pertaining to one year service was increased to two years. The compensation in case of failure by the Doctors to serve in the State was enhanced to Rs. 30 Lakhs. 139 Doctors who have acquired Degree of Bachelor of Medicine and Bachelor of Surgery from various universities in the country challenged the aforementioned Notifications in the High Court. The learned Single Judge of the Calcutta High Court by a judgment dated 03.11.2017 upheld the Notification dated 31.07.2013. However, the Notification dated 10.09.2014 was held to be arbitrary and unreasonable. Aggrieved by the judgment of the learned Single Judge, the State of West Bengal filed an appeal before the Division Bench of the High Court. Some of the Writ Petitioners who were aggrieved by the judgment insofar as it related to the Notification dated 31.07.2013 being upheld also filed appeals. By the impugned judgment, a Division Bench of the Calcutta High Court held that both the Notifications dated 31.07.2013 and 10.09.2014 are neither unreasonable nor arbitrary. The Division Bench set aside the judgment of the learned Single Judge insofar as it related to the Notification dated 10.09.2014 being quashed. The points urged before the High Court of Calcutta and the findings recorded therein shall be dealt with later.;