HIGH COURT OF CHHATTISGARH : BILASPUR Petitioners Respondents Writ Petition fC) No. 2731 of2007 1. Satish Kumar Wasnik, S/o Late Shri M. R. Washik, aged about 29 years, R/o C/o Dr. Sandeep Samavar, Tilak Nagar, Main Road, Bilaspur (C.G.) 2. Shashikant Swarnakar, S/o Shri A. R. Swarnakar, aged about 30 years, R/o Thawait Bhawan, Fazal Bada, Juna Bilaspur (C.G.). 3. Vizay Kumar Chandel, S/o Shri Sitaram Chandel, aged about 28 years, R/o C-6, Senior Resident Hostel CIMS, Bilaspur (C.G.) 4. Praful Kumar Painkra, S/o G.R.Painkra, aged about 28 years, R/o R-15, CIMS Campus Bilaspur (C.G.) Versus 1. ^ State of C.G., through Secretaiy, Department of Medical Education, D.K.S. Bhawan, Raipur (C.G.) 2. Secretaiy, Departraent of Health Services, D.K.S. Bhawan, Raipur (C.G.) 3. Director, Medical Education, Directorate Medical Education, Rcdpur (C.G.) 4. Director, Health Services, Directorate Health Services, Raipur (C.G.) 5. Pt. Jawaharlal Nehru Meniorial Medical College, Raipur. Through Dean, Raipur (C.G.) WRIT PETITON UNDER ARTICLE 226 OFTHE CONSTITUTION OF INDIA. (SB: Hon'ble Shri Satish K. Agnihotri J.) Shri Prateek Sharma, Advocate for the petitioners. Shri Shashank Thakur, Panel Lawyer for the respondents No. 1 to 5. ORDER (Passed on this 4a day ofSeptember, 2009) Heard. 1. Learned counsel appearing for the petitioners submits that the petitioners appeared in the Pre Medical Test (PMT) in the year 1998. After selection they were given admission in M.B.B.S. course in the respondent No.5 College. In the year 2003 the petitioners were directed to furnish bank guarantee of Rs. 40,000/- for a period 1.11.2003 to 31.10.2006 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 ^ 4. ^^' completed their M.B.B.S. on 17.12.2003 and completed their internship on 16.12.2004. On 22.12.2004 the Dean of the Medical Collegc, 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 ;iven appointment in rural areas. Thereafter, the petitioners made a representation on 30.10.2006 for refund of the amount of bank guarantee. A news item was published in daily newspaper 'Nav Bharat' on 6.4.2007 in respect of the petitioners that they were appointed and posted in rural areas, if they would notjoin the place of posting within 15 days, their amount of bank guarantee would be forfeited. The petitioners have not received any such order. The respondents have encased the bank guarantee and have not refunded the amount to the petitioncrs. Shri Shashank Thakur, learned counsel appearing for the respondents/State submits that the respondents/State has filed I.A.No.l for dismissal of the writ petition being infructuous, stating that the State Government vide order dated 1.8.2009 (Annexure R/l) has decided to relieve the petitioners from the bond and as such the petitioners were held entitled to the amount deposited by them and as such, their bank guarantee were released. Shri Prateek Sharina, learned counsel appearing for the petitioners submits that the pre-condition to deposit a bank guarantee was to give an employment to the petitioners, inimediately after completion of the M.B.B.S. course. The petitioners have been raaking applications and representations to appoint them in rural ctreas. However, no appointment was made and the State Government did not release the bank guarantee of Rs. 40,000/- also. Thus, the petitioners have. suffered loss on account of the conduct of the State Government and as such, they are entitled to get interest on the amount, which was unnecessarily retained by the State Government. 6. 7. Thakur 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/- before final examination of M.B.B.S. course. The petitioners were required to serve in the rural areas. The bank guarantee remained alive even after completion of the M.B.B.S. course and as such, the petitioners were denied the benefit of Rs. 40,000/-, which was to be deposited in the bank for issue of bank guarantee. Thus, the petitioners claim interest on the amount. Pursuant to the deposit of the bank guarantee as bond, the petitioners were not granted appointment in the rural areas. Now, the bank guarantee has been released by order dated 1.8.2009 (Annexure R/l). Thus, the petitioners are entitled to interest at the rate of6% per annum from 31st October, 2006 till release of the amount of bank guarantee pursuant to the order dated 1.8.2009. In view of the foregoing, fhe writ petition stands disposed of. No order asto costs. Sd/- Satish KAgnihotri Judge ^