TAPABRATA CHAKRABORTY,J. - (1.) The affidavit of service and the notices served upon the respondents be kept on record. In spite of such notice no one appears today on behalf of the respondents. The petitioner appears in person upon obtaining no objection from his learned advocate and submits that he obtained the MBBS degree in the year 2013 from Smt. N.H.L. Municipal Medical College, Ahmedabad, Gujarat and thereafter he appeared in the All India Post Graduate Medical Entrance Examination (in short, AIPGMEE) in December, 2014. Upon emerging to be successful in the same, he took admission in the course of Diploma in Obstetrics and Gynaecology (in short, DGO) in Medical College and Hospital, Kolkata.
(2.) Drawing the attention of this Court to the documents at pages 37 and 38 of the writ petition, he submits that at the time of such admission, he had to execute an indemnity bond in terms of notifications dated 13th July, 2013 and 10th June, 2014 and had to submit all the original mark sheet, degree/diploma certificate. In the indemnity bond it was categorically stated that upon successful completion of the concerned post, he would have to work in a Multi-Speciality/Super-Speciality Hospital, Secondary and Tertiary Level Hospital in West Bengal for a continuous period of two years failing which he would be liable to recompense the State Government of West Bengal a penal amount of Rs. 10 lakhs for each defaulting year and the Government of West Bengal shall be at liberty to realise the said amount from him, in accordance with law.
(3.) Upon successful completion of the concerned course he was asked to act as a contractual Medical Officer (Specialized) for a period of two years by a memo dated 7th August, 2017. He, however, did not join the said post and chose to pursue higher studies and accordingly he submitted a representation to the respondent no.5 on 8th January, 2018 to allow him to deposit the amount stated in the indemnity bond and to return the original documents. As the said representation was not responded to, the petitioner submitted a further representation dated 30th January, 2018 but in vain. The respondent no.7, however, issued a letter to him on 9th February, 2018 stating that he would get back his original academic documents only after production of a 'No Objection Certificate' from the respondent no.5. In the midst thereof, the petitioner participated in the entrance examination, i.e. Post Diploma Centralized Entrance Test (in short, PDCET) for Secondary DNB (Diplomat of National Board) 2018 and the National Eligibility Cum Entrance Test for Post Graduate Courses (in short, NEETPG) 2018 for MD/MS The PDCET was held on 21st December, 2017 and NEETPG was held on 7th January, 2018. The results pertaining to the said examinations were published on 16th January, 2018 and 23rd January, 2018 respectively and he qualified for participation in the counseling process. In support of such contention he has placed reliance upon memoranda dated 26th February, 2018 and 27th February, 2018.;