Dipankar Datta, J. - (1.) The judgment and order dated May 21, 2018, which is under challenge in this intra-court writ appeal, disposed of a writ petition with certain directions on the very first day it was moved during the last summer vacation of this Court. While hearing an application for stay filed in the appeal, we have heard the parties on the merits of the appeal itself with their consent. We propose to dispose of the appeal and the application together by this judgment and order.
(2.) The writ jurisdiction of this Court had been invoked by the writ petitioner, who is the first respondent in this appeal, because the second to the sixth respondents in the writ petition (the principal respondents for short, hereafter) were not willing to return to him his documents/certificates relating to his achievements while he was pursuing studies to emerge as a qualified doctor. These included his (i) Bachelor of Medicine and Bachelor of Surgery (MBBS) certificate, (ii) permanent registration certificate of MBBS and (iii) 3rd Professional Part-II final year marksheet in original (the documents/certificates for short, hereafter).
(3.) Shortly put, the essential facts giving rise to the writ petition are these. The writ petitioner after acquiring a degree in MBBS from LLRM College, Meerut, Uttar Pradesh, participated in the All India Post-Graduate Entrance Examination in 2015 and was selected for admission in the MD (Psychiatry) course in the Institute of Post-Graduate Medical Education and Research Centre, Kolkata, West Bengal (the IPGMER for short, hereafter) under 50% All India quota. Having been admitted on May 28, 2015 in the IPGMER, the writ petitioner successfully completed the course and obtained diploma in MD (Psychiatry) in June, 2017. At or about the time of his admission in the IPGMER, the writ petitioner had to execute an indemnity bond. Although the bond itself is not on record, a specimen copy thereof was produced before us in course of hearing. We consider it proper to reproduce the same in its entirety hereinbelow: Indemnity bond for the post graduate trainee (other than state govt of West Bengal sponsored in-service doctors) to serve the state govt of West Bengal Execution of bond by the candidate for P G Diploma course in .at Medical College situated in .for the session I, Sri/Smt S/o D/o W/o , resident of . selected for P G Diploma course in at ..Medical College situated in for the session , do hereby state that after successful completion of the Post Graduate course in State Medical Teaching Institutions in West Bengal, shall abide by the terms and conditions of Govt Notification No. HF/O/MERT/912/ME/MISC-78-13 dated 31/07/2013 as the same stands modified by the Government Notification No. HF/O/MERT/923/ME/MISC-78/13 dated 10/06/2014 both of MERT branch of Department of Health and Family Welfare Government of West Bengal to work in multispecialty/Super speciality Hospitals/Secondary/Tertiary level Hospitals in West Bengal for a continuous period of Two years to serve the people failing which, I shall be liable to recompense the State Government of West Bengal a penal amount of Rs Ten Lakhs for each defaulting year while the State Government of West Bengal shall be at liberty to realise the said penal amount from me in accordance with law. I do hereby also accept the fact that all original documents (Mark Sheets, certificates and documents as required by the Department of Health and Family Welfare, Government of West Bengal from time to time) will be retained by the department of the concerned Medical Teaching Institution in West Bengal for the purpose of ensuring successful completion of the bond period or repayment of penal amount, as may be applicable by the same Government Notification as stated above. I further understand that during the bond period, I will be designated as Senior Resident and it shall be obligatory on my part to observe or perform according to the rules and regulations for the Senior Resident in the State of West Bengal prevailing during the tenure of the afore stated bond period. .. Signature of the student in full with date In presence of witness .. Signature of witness with date Accepted on behalf of the Govt of West Bengal (bold in original);