Union Of India & Ors vs Priyankan Sharan & Anr

5. In each case the appellant sought to invoke the bond agreement executed. The two respondents in Civil Appeal arising out of SLP (C) No. 580 of 2005 and the respondents in other Civil Appeal arising out of SLP (C) No. 25514/2004 had taken admission to the MBBS Degree Course of Armed Forces Medical College, Pune. At the time of admission they being minors their guardians had executed the bonds to the effect that after completion of MBBS course, the students in question shall serve the nation by working in the Armed Force 2 for a specific period of time. Clause 4 of the agreement dealt with a situation when a cadet shall be declared to have become Non Service Liability (in short `NSL') in the event of any of the three categories. It is provided that in such event Clauses 5 and 6 will be applicable. However, he or she can be permitted at the discretion of DGAFMS to continue her studies on payment of normal tuition fee at the rate in force at the time but the students have to move out of the hostel premises. Clause 5 of the agreement states that in the event of a student being removed from the service liability for any reason, shall be liable to pay the amount calculated at a particular rate per annum from the date of admission to the College till the date of NSL subject to maximum together with interest on the said amount at rates in force then. Clause 6 provided that student who is removed from service liability under Clause 4(a) shall be required to pay in cash an amount calculated at the rate of rupees one and a half lakh per year or part thereof from the date of admission to the college till the date of becoming a NSL limited to maximum of seven and half lakh together with interest calculated on the same basis stated in Clause 5. This 3 was the position in 1999. The High Court in each case observed that the candidate was suffering from ailment and was removed from service liability. After removal the present appellants tried to enforce the bonds on the purported ground of failure on the part of the cadet to serve the nation in accordance with the terms and conditions of the bond. In appeal relating to Kiran Kumar and Another, the High Court in the impugned judgment in paras 3 and 4 noted that in the earlier cases orders were passed that on payment of rupees one lakh when the bond amount was rupees three lakhs, there shall be total liquidation of liability on the bond.

shall be treated as a Non Service Liability, where after clause 5 and 6 below as applicable shall be, applied to such cadet. However, he/she can be permitted at the discretion of the DGAFMS to continue his/her studies on the payment of normal tuition fees at the rate in force at the time but the student shall be removed from the hostel premises. 5 Provided that the student under Clause (a) above may be allowed to continue his/her stay in the hostel on payment of the normal expenses of education including tuition fees and fees for boarding and lodging facilities as applicable from time to time if he/she has contracted the disease/disability in the circumstances over which he/she has no control on which the decision of the DGAFMS shall be final and for which he/she has not refused treatment and further in such eventuality he/she may not be required to refund any amount to the Govt. as specified in clause 6 below.

6. In the event of a medical cadet being removed from service liability under clause 4(a) above the parties of the First part shall jointly and severally pay forthwith to the Govt. in cash an amount calculated at the rate of Rupees one and a half lac per year or part thereof for the period from the date of admission to the college till the date or becoming a Non Service Liability limited to a maximum of Rupees seven and half lac together with interest calculated on the same basis as stated in clause 5 above."

10. Stand of the appellants before the High Court was that in a large number of cases students are being reported as medically unfit and seeking discharge from the bond on the ground that there is no deliberate unwillingness to serve the nation in accordance with the bond. High Court perused the medical reports and came to the conclusion that the writ petitioners' case was a genuine one. There were various medical reports including those of All India Institute of Medical Sciences. Since he had deposited Rupees One Lakh and "No Objection Certificate" had been issued, the impugned order was passed in the writ petition. In the other case also similar view was taken and the prayer of the present appellants to increase the amount to Rupees 3.5 lakhs was rejected.

27. At this juncture, it would be necessary to take note of a maxim "Ad ea quae frequentius accidunt jura adaptantur"

29. As noted above, Clause 4(a) is subject to Clause 6 and the proviso appended to Clause 4 is in the nature of exception. The High Court's view is a rational one on the facts of each case. These are not the cases where any interference is called for. The appeals are dismissed but without any order as to costs.