é Q r& ’3@/ ® IN THE HON’BLE HIGH COURT OF C.G. AT BILASPUR W. P. (C) No. MFEJOf ‘2010 $§§E§§é§ g§§§€§§€ PETITIONERS :1 Pradeep Kumar Singh, Late S.L. Singh,‘ aged about 28 years, R/o House No.‘ 3/32, Chhote Mathpara, Court Lane, Sarangarh, District—Raigarh (C.G.) 2. Nishant Sahu, S/o Shri Jhagar Lal, aged about 29 years, R/o 62—A, G. Pocket Marod Sector Bhilai, District—Durg (C.G.) 3. Pranay Kumar Singh, S/o Shri Bhupal Singh, aged about 29‘ years, House No. 3/32, Chhote Mathpara, Court Lane, Sarangarh, District-Raigarh (C.G.) VERSUS RESPONDENTS :16 State of Chhattisgarh, through Secretary Department of Medical Education, D.K,S. Bhawan, Raipur (C.G.) M, 2. Secretary, Department of Health Services, D.K.S. Bhawan, Raipur (C.G.) X 3. Director, Medical Education Directorate Medical Education, Raipur (C.G.) 4. (Director, Health Services Directorate Health Services, Raipur (C.G.). 5. Pt. Jawahar Lal Nehru Memorial Medical College, Raipur, through the Dean, Raipur (C.G.) ‘A’J HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition (C) N0. 1986 0f2010 Patitioners' : Pradeep ,Kumar Singh & Others. Versus Respondents State of Chhattisgarh & Others. WRIT PETITON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. (SB: Hon’ble Shri Satish K. Agnihotri Ji) Present : Shri Prateek Sharma, Advocate for the petitioners. Shri Shashank ‘Thakur, Panel Lawyer for the respondents No.1 to 5. ORDER (ORAL) (Passed on this 15‘ day of July, 2010) Learned counsel appearing for the petitioners submits that the petitioners appeared in the Pre Medical Test (PMT) in the year 2001; After selection they were given admission in M.B.B.S. course in the respondent No.5 College. The petitioner No. 1 and 2 were directed to furnish bank guarantee of Rs. 40,000/- each for the period from 12.04.2006 to 31.08.2009 and the petitioner No, 3 was directed to furnish a bank guarantee ofRs. 75,00/— for the period from 21.0 7.2006 to 19.04.2009 for the reason that after obtaining the M.B.B.S. degree they will serve in the rural areas of the State of 'Chhattisgarh. Accordingly, each of the petitioners furnished the bank guarantee. The petitioners completed their M.B.B.S. on 28.03.2006 and completed their internship on 22.03.2007. On 10.04.2007 the Dean of the Medical College, Raipur wrote a letter to the respondent No.3 Director, Medical Education for appointment of the petitioners in rural areas. Accordingly, the respondent No.3 wrote a letter to the respondent No.4 Director. Health Services for posting of the petitioners in rural areas. Since then the petitioners were never given appointment in rural areas. ' 2. Shri Sharma, learned counsel appearing for the petitioners submit that even after making various requests, the respondents have not refunded the amount of bank guarantee to the petitioners. He further submits that the facts of the instant petition is squarely covered by the order passed by this Court in W.P.(C) No. 2731/2007 (Satish Kumar Was/11,7: & Others v. State ofC‘hhaltisgarh & Others) on 04.09.2009 and the instant petition may be disposed ofin the same terms. b?) Shri Sharma further submits that the pre—condition to deposit a bank guarantee was to give an employment to the petitioners, immediately after completion of the MBBS course. The petitioners have been making applications and representations to appoint them in rural areas. However, no appointment was made and the State Government did not release the bank guarantee of Rs. 40,000/- and Rs. 75,000/— respectively. Thus, the petitioners have suffered loss on account of the conduct of the State Government and as such, they are entitled to refund of the amount as well as interest on the amount of bank guarantee, as the sane was unnecessarily retained by the respondent authorities. Shri Shashank Thakur, learned Panel Lawyer appearing for the State/respondents submits that similar order, as has been passed in Satish Kumar Wasnik (supra), may be passed, however, liberty may be reserved to the respondents/State to verify the facts asto whether they are similar to that of the present‘petition. Having heard learned counsel appearing for the parties, it is evident that instead of bond, the petitioners were directed to deposit bank guarantee of Rs. 40,000/— and Rs. 75,000/— respectively before final examination of MBBS course. The petitioners were required to serve in the rural areas. But due to the laches and default on the part of the respondent authorities, the petitioners could not be sent for serving in rural areas. In View of the above, the respondents are directed to refund Rs. 40,000/— to the petitioner No. 1 and 2, and Rs. 75,000/— to the petitioner No. 3, with interest at the rate of 6% per annum, subject to verification of the facts. In view of the foregoing, the petition stands disposed of. No order asto costs. J ’ t SATISH K. AGNIHOTRI/n Judge J j Sd/- i