Rafiq, J. - (1.) ALL these four writ petitions have been filed by as many as 91 petitioners who were selected for admission to post -graduation courses in various specialties in different medical colleges of Rajasthan. Petitioners have challenged the condition imposed by the government of requiring them to submit bank guarantee in a sum of five lac rupees with stipulation that they shall not leave or resign post -graduation study course during mid stream.
(2.) CONTENTION of Shri Sunil Kumar Singodiya and Shri Ram Kumar Sharma, learned counsel appearing on behalf of petitioners, is that said condition is highly unreasonable inasmuch as many of students, who come with humble background from rural areas, cannot afford to give bank guarantee of five lac rupees, which is a waste inasmuch blocking that good amount for total duration of two years, which may have exceeded total fees which they would be required to otherwise pay to government medical college concerned. Petitioners have been selected for admission on the basis of their merit and by imposing a condition like this, respondents are seeking to eliminate meritorious students in favour of moneyed ones. Learned counsel submitted that petitioners are agreeable to furnish bonds, which was a condition imposed by the government from the year 2008 onwards and which condition is proved as an effective deterrence against intention of medical students leaving or resigning post -graduation courses during mid stream, and condition of submitting bank guarantee is discriminatory. It is therefore prayed that condition inserted in the notification dated 02.04.2011 be declared illegal and be quashed and set aside. Mrs. Shruti Dixit, learned Deputy Government Counsel and Shri R.A. Katta, learned counsel appearing on behalf of respondents, opposed writ petitions and argued that number of seats in post -graduation study courses with different medical colleges are very limited and as against this, the figure of students who have been resigning or leaving the study even before its completion of term, is of sizable. This is happening because they change mind in between, for various reasons. Some of students prefer to again appear for pre -PG examination for admission to any other specialty of their choice and some of them leave or resign the course for certain other personal reasons. Reasons may be many but compelling fact, is that respondents are under obligation to follow the calendar of admission fixed by Supreme Court, according to which they can fill up the seats only up -to 31st May of the year. Reference in this connection is made to judgments of Supreme Court in Mridul Dhar vs. Union of India -, (2005) 2 SCC 64 and Medical Council of India vs. Madhu Singh & Others, : (2002) 7 SCC 258, inconformity of which this condition has been laid down. The cut -off -date has been indicated in the instructions. It is argued that no fresh counselling can be taken place once student leave the course after admission, and that the seat available within permissible intake limit approved by the Medical Council of India, is bound to lie vacant for entire session. Lot of infrastructure is created in those colleges by the government which are attached to it. It is contended that in case seat remains unfilled or unoccupied for entire duration, the money spent by the government on that account also goes waste. Other meritorious students, who may in the event of such students opting for admission and subsequently leaving/resigning the same, are also deprived of admission against such seats because by that time, the cut -off -date would have already gone.
(3.) MRS . Shruti Dixit, learned Deputy Government Counsel, appearing on behalf of the respondents State has filed an additional affidavit on behalf of the Government and enclosed therewith a chart of previous five years indicating number of seats which remained vacant on account of leaving/resigning by students after admission to post -graduation study courses in six government medical colleges of the State. It is argued that bond is obtained only till the time the students are required to appear in counselling. Once they are selected for admission, the bonds are returned back to them on their submitting bank guarantee at the time their joining. It is argued that in similar circumstances when students are admitted to private medical colleges, a very heavy amount is paid by them by way of capitation fee as well as regular fee; and, as compared to that, the bank guarantee of five lac rupees is very negligible.;