ARIJIT BANERJEE,J. - (1.) These two appeals and the Cross Objection are directed against a judgement and order dated 3 November 2017 whereby WP No. 18035 (W) 2016 (Dr. Naval Patel and Ors. v. The State of West Bengal and Ors.) was disposed of.
(2.) Five notifications issued by the Department of Health and Family Welfare, Government of West Bengal were under challenge before the Learned Single Judge. The first notification which was dated 31 July 2013 reads as follows:- "It has been decided that Doctors, after completing their Postgraduate and Post-Doctoral Education in State Medical Teaching Institutions in West Bengal, will work in Multi-Specialty/Super-Specialty Hospitals, Secondary and Tertiary level Hospitals in West Bengal for a period of one year to serve the rural people. 2. It is hereby accordingly ordered that, all candidates, other than Government Sponsored in service candidates (who have a separate bond), who are admitted in postgraduate and postdoctoral courses, shall have to execute a bond, at the time of admission, to serve this State Government, as above, after successful completion of the course, failing which such candidates will be liable to recompense the State Government a penal amount of Rs. 10 (ten) lakhs. 3. It is also ordered that, arrangement shall be effective and applicable for the aforesaid doctors admitted in Postdoctoral courses in State Medical Teaching Institutions from this academic session, i.e., 2013-14 and onwards, while it shall be effective and applicable for such doctors admitted in Postgraduate courses in State Medical Teaching Institutions from the succeeding academic session i.e., 2014-15 and onwards (as post graduate admission has already commenced and on the verge of completion in this academic session 2013-14)." The second notification dated 21 March 2014 was essentially a consequential notification, the subject whereof was implementation of Bond for Doctors (other than Government sponsored in-service candidates) undergoing Post Graduates and Post Doctoral Courses. The third notification dated 10 June 2014 which was issued in partial modification of the notification dated 31 July 2013 reads, in so far as, is material for our purpose as follows:- "Now, in partial modification of Notification Number HF/Q/MERT/912/ME/MISC-78-13 dated 31st day of July, 2013, it is hereby ordered that, every postgraduate trainee (other than State Government sponsored in-service doctors) has to execute an indemnity bond to serve this 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 PG Diploma course, failing which such candidates will be liable to recompense this State Government a panel amount of Rupees Ten lakh for each defaulting year. All original documents (Mark-Sheets, Certificates and document as required by the Department of Health and Family Welfare, Government of West Bengal for time to time) will be retained by the Department for the purpose of ensuring successful completion of the bond prior or payment of panel amount, as may be is applicable. During bond period, specialists will be designated as Senior Resident. It is also ordered that this arrangement shall be effective and applicable for the aforesaid Doctors admitted in Post-Doctoral/MD/MS and PG Diploma course in State Medical teaching Institutions from the succeeding academic session i.e., 2015-16 and onwards." The fourth and fifth notifications were again consequential notifications issued to give effect to the earlier notifications and pertain to the appointment of doctors in terms of the earlier notifications for rendering compulsory service in Government Medical Institutions.
(3.) The 139 writ petitioners who challenged the aforesaid notifications have all acquired the degree of Bachelor of Medicine and Bachelor of Surgery (MBBS) from various State Universities. They are also registered with the respective State Medical Councils.;