SANGEET LODHA,J. - (1.) The question that falls for our determination in this reference made by the learned Single Judge of this Court at Jaipur Bench, reads as follows: "Whether the stipend paid to the M.D. students during the three year course is liable to be refunded in the event of such students abandoning the said course contrary to the conditions of the surety bonds executed by them. The surety bond provides that in the event of the students in the M.D. Course leaving before its completion, they would be liable to refund the stipend received during the period of pursuing the M.D.Course."
(2.) The aforementioned question has been referred by the learned Single Judge for consideration by a Larger Bench vide order dated 1.8.16 passed in S.B.C. Writ Petition No. 4529/16, noticing a conflict between two Single Bench decisions of this court in S.B.C. Writ Petition No. 3098/2008 "Dr. Sandeep Goswami v. State of Rajasthan " and S.B.C. Writ Petition No. 3703/12 "Dr. Prafull Mehta v. State of Rajasthan and Anr. ".
(3.) On 2.11.16, learned counsel appearing for the State pointed out that against the decision of the learned Single Judge in S.B.C. Writ Petition No. 3703/2012 "Dr. Prafull Mehta v. State of Rajasthan and Anr. ", the State has preferred D.B. Civil Special Appeal (Writ) No. 228/04, which is pending before the Principal Seat at Jodhpur. In this view of the matter, to avoid any divergence of views, the present matter was transferred to the Principal Seat at Jodhpur to be heard along with D.B.C. Special Appeal (Writ) No. 228/14 and accordingly, the original record of the present case was transmitted to the Principal Seat at Jodhpur for listing along with D.B.C. Special (Appeal) No. 228/14. The said petition transferred by the Jaipur Bench to the Principal Seat has been registered as D.B.C. Writ Petition No. 13124/16.;