- (1.) C.M. No.13654 of 2014 Application is allowed. Reply is taken on record. CWP No.13397 of 2014 The petitioner who had gained admission in MD course in Physiology on 18.06.2014 with the Government College, Patiala affiliated to the Baba Farid University secured admission from PGI, Chandigarh for Post-graduate course in Medicine in Bio-Chemistry stream. She had opted to leave the college and joined the 4th respondent-PGI on 01.07.2014. The petitioner's grievance is that when he sought for return of his original certificates that he had submitted to the 3rd respondent-college, the 3rd respondent declined to release them acting at the behest of the State that he was bound to pay Rs. 15 lacs as contained in a bond which every student taking admission in the Government college had to provide.
(2.) The petitioner would submit that the petitioner's admission was under 50% All India Quota and there is no clause any where in the prospectus requiring Rs. 15 lacs to be paid. The relevant provisions relating to bond are contained in Clause 4.7 and that reads as follows:- "All the candidates selected under 40% quota for various PG courses will have to submit their bond (complete in all respect) as per Punjab Govt. notification at the time of reporting with the institution concerned for submission of fee at the time of joining, failing which their fee/joining will not be accepted. The specimen copy of bond to be submitted is attached as Annexure N. The candidates will attach the attested copy of proofs of the ownership of property which is being pledged by the sureties. The bond should be attested by the Executive Magistrate. The incomplete bond will not be accepted at all."
(3.) The contention is that this clause would be applicable only for 40% quota for students of the State and cannot apply to a person such as the person who claimed admission on the 50% All India Quota. There is, however, yet another clause which is applicable to persons coming within the 40% State quota as well as the All India Quota by virtue of a notification issued by the Government of Punjab on 23.12.2013. That notification applies the requirement of bond not only from the 40% State Quota but also from the persons of the All India Quota. The relevant clause under the notification issued by the Government reads as under:- "IV. For 40% & All India Quota candidates Candidates selected in All India Quota will be considered at par with 40% state quota candidates. They will get fixed emoluments/stipends as determined by the Government from time to time for the course period of 3 years subject to the following conditions:- i. The candidate is to submit a bond of Rs.15 lacs to serve the Government of Punjab for a period of three years after completion of PG. This clause will not be applicable in case the offer is not given by the Government of Punjab within a period of one year of passing of the postgraduate examination. ii. The candidate will inform the Government of Punjab that he has passed the postgraduate examination. iii. Failure to serve the Government of Punjab for a period of three years will lead to deposition/recovery of bond money to the Government of Punjab i.e. Rs.15 lakhs.";