Ramendra Mohan Datta, J. - (1.) The appea] arises from the judgment and order dated April 16, 1979 passed by T. K. Basu, J. inter alia, directing a writ of mandamus to be issued in the State Government authorities command-ing them to admit the petitioner to the M.B.B.S. course of study and giving consequential directions thereon.
(2.) The facts shortly are that the respondent No. 1 Sweety Agarwal passed the Higher Secondary Examination in 1976 in the First Division. Af that relevant time the Higher Secondary course was up to the eleventh class in the school. Thereafter the respondent appeared and passed the Joint Entrance Examination held in 1976 for admission to the Pre-Medical Course. The respondent was selected for admission to Dr. R. Ahmed Denial College, Calcutta. The respondent got herself admitted to the Pre-Medical Course at the said Denial College after completion of necessary formalities in that regard including execution of a bond dated 11th Nov. 1976 for serving the Slate Government for a stipulated period after the completion of the said course of study.
(3.) The said Bond required the respondent, inter alia, as follows: "Now the condition of the above written bond is such that if the said student Sweety Agarwal shall duly, diligently and, regularly pro-secule her studies in the said Dr. R. Ahmed Dental College with a view to obtain the degree of B.D.S. from the University of Calcutta and that after having passed the said B.D.S. examination of the University of Calcutta the said student upon being required by the Government within (Two) 2 months enter into such service of the Government at any place other than the town of Calcutta/in the Districl of Calcutta as the Government may desire the said student to do so and shall serve the Government duly, diligently and faithfully for three years. After joining such service of the Government as she may be directed by the Government for a minimum period of three years and that in case of any default on the part of the student to prosecute her said studies duly, diligently and faithfully or fail to serve the Government if so desired after passing the Examination of the University of Calcutta for a period of three years as aforesaid and in such event the student/guardian and/ or the surety pay to the Government the said sum of Rs. 5,000/- (Rupees five thousand) forthwith on demand then the above written obligation shall be void and inoperative or otherwise the same shall remain in full force and virtue.";