(^^ 'S V IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) N0. *2>'?>^ / 2011 -^ PBTITIONER VERSUS Dr. Ku. Manjari Sahai, D/o. Dr. Ashok Sahai, aged about 27 years, R/o Nandi Chowk, Tikrapara, Raipur (C.G.) RESPONDENTS &.^a'".ilW ^''~^-* ^r^..--" 'i^"" A/U>0<"^ -CSi^> 1. State of Chhattisgarh, Through: Secretary Public Health Family Welfare and Medical Education Department. DKS Bhawan, Mantralaya, Raipur (C.G.) 2.- The Dean, Pt. Jawahar Lal Nehru, Memorial Medioal, College, Raipur (C.G.) 3. Director, Medical Education, State of Chhattisgarh, Raipur (C.G.) *?" . ' • . 4. The Chief Manager, Oriental Bank of Commerce, Bilaspur Branch, Bilaspur(C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA mOH COURT OF CHHATH80ARH AT BILASPUR PETmONER WRS PETmCW (C) No. 3318 of2011 Dr. Ku. Manjari Sahai. RE8PONDENTS VER8US State ofCUiattisgaA & Others. WRIT PE'm'ION UNDER ARTICLE 226 OF THE CONSTITm'ION (»• IMDIA SU: Hon'ble Shri Sattsii K. Aanihutoi. A Present: Ms. Naushua Afirin Ali, Advocate for the petitioner. Shri Shashank Thakur, Panel Lawyer for the State/raspoadeiit No. lto3. OMUERfORAA,) (Passed on 27tn day ofJuse, 2011) 1. Leamed counsel appearing Sas tie petitioaer suhnuts ihM the petitioner appeared ia the Pre Medical Test (PMT) in tha year 2002. After selection, she was given adniission ia M.B.B.S. course in Ifae respondent No.2 College. The petitioner exeeuted a baak guarantee of Rs. 75000/- on 16.10.2006 fia- Ifae reasen that afteF obtauai^ the M.B.B.S. degree she will serve in th«naal areas of the State of Chhattisgarh. The petitioner passed her MJffiS examinatioa in MarA, 2007 aad tha'eaftar ateo completed her intemstup in the year M108. Afterwards, Ifae petitioner w^ never given appointment in rural areas. Thus, the petitionw requested tbr refimd ofthe bank guarant^ vAich is lying with the respondent No.2. 2. Ms. AIi, leamed counsel appearing torAe petitioner subinitAat even after making varioiis requests, Ifae respoudeats have aot retimded the amount of bank guarantee to llis petitioner. She turther subnrits that the taets of tte instant petition ta-sqiiardy covered by tfae order passed by tiiis Court in W.P^C) No. 2731/2007 (Satish Kumar Wasnik & Oehers v. State af Chhattisgarh & Others) on 04.W.2009 and the mstant petition n»y be disposed ofmthesameterms. 3. Ms. Ali flirther sulanite that the pe-eondition to depoat a barik guarantee was to give an employmat to the petitioners, Bnmediately afta- completion dt'the MBBS coui'se. Tt»petitioner ^. '^a^,'1'jer 2 6. has been makii^ applications and representations to appoiat her in rural areas. However, no appointoient was made and tbe State Oovemment did not release ttae bank guarantee of Ks. 75,OOW-. Thus, the petitioner faas sufl'aed loss on aceoimt oftiie conAict of the State Government and as aich. she is artitlwlto te&nd rftfae amount as well as interest oa the amount (rfbank ^iat'antee, as tiie samewas unnecessarilyretamedbytherespondwtautfaorities. Shri Shashank Thakur, leamed Panel Lawyer appearing for Ihe State/respondeitfs subnuts that m the snmlar fact, the wdsr was passed in Satish Kumar Wasnik (supra). Howeva, liberty may be reserved to the respondauts/State to verify the facts asto whetfaa' Ihey are similar to that ofthe present petition. Having heard leamed counsel appearing for the parties, it as svident ttat instead of bond, the petttioner was direiAed to dep&sit baak guarantee of'Rs. 75,(WO/-before final exanainatioa ofMBBS course and Ae petitioner was requn'ed to serve in the rural areas. But due to the ladies and defautt ou the part af the TeBpoadent authcmties, the petitioner eould not be sent Jfer serving in n.iral areas. to view oftiie above, Ihe respondents are directedto release the bank guarantee of Ifae said sum to the petitioner with mteEe^ at permissible rate, subjectto verification oflto fad;s. to view ofthe faregoing, Ifae petiti^i staads disposal ®f.No order astocosts. ,—-'— Sd/- K. Agni Judge