1. This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India for issuance of appropriate direction to issue NOC in favour of the petitioner as mandated by Clause 12 of Bond/Agreement to release her from compulsory rural service so that she can receive her final degree and permanent registration and can be able to serve in the medical fields.
2. Brief facts of the case are that the petitioner cracked the NEET Examination in the year 2013 and secured a seat in Late Baliram Kashyap Memorial Medical College, Jagadalpur, which is affiliated to Pt. Deendayal Upadhyay Memorial Health Sciences and Ayush University of Chhattisgarh for higher studies in MBBS. Subsequent to securing seat by passing NEET examination and before taking the admission to any government medical college or private medical colleges, the students securing seats have to sign/execute a service bond accepting all the terms and conditions putforth by the State Government with regard to mandatorily serving in the temporary post assigned by the State Government serving State Government, local Self Government, serving in rural areas, defence services etc for a short period of time subsequent to the completion of MBBS Course. As such the petitioner executed a compulsory rural service bond notarized on 19.09.2013 in Jagdalpur, District Bastar accepting the terms and conditions putforth by the respondent No.1 and as per Clause 11 of the bond, the petitioner would mandatorily work on the temporary post for a period of 2 years after completion of MBBS and only thereafter NOC will be issued and after submitting NOC, final degree and permanent registration will be issued in favour of the petitioner. After executing the service bond, the petitioner got admission in the Late Baliram Kashyap Memorial Medical College, Jagdalpur and in the year 2018, the petitioner successfully passed MBBS Final Part II Examination and thereafter the petitioner got herself provisionally registered in the Chhattisgarh Medical Council as per Section 11 (3) of the Chhattisgarh Ayurvigyan Parishad Adhiniyam, 1987 and received provisional certification from the Council. Thereafter the petitioner successfully completed her compulsory rototary internship (One Year Programme) as a resident intern from 01.04.2018 to 31.03.2019 and received the internship completion certificate. The further case of the petitioner is that as per Clause 12 of the bond/agreement, after completion of MBBS Course, if the appointment order in favour of the applicant is not issued by the Commissioner, Department of Health and Family Welfare within 6 months from the date of receipt of the intimation of completion of MBBS, then the bond/agreement will be deemed to be cancelled automatically. The petitioner completed her compulsory rotatory internship (One Year Programme) as a resident intern from 01.04.2018 to 31.03.2019 and received the internship certificate from her college on 28.06.2019 i.e. when her MBBS was successfully completed. The 6 months’ duration as stipulated in Clause 12 of the bond got completed on 27.12.2019 but even after expiry of that period, no appointment order to serve in rural service was issued in favour of the petitioner and accordingly the bond was deemed to be cancelled automatically as per Clause 12 of the bond. Subsequently, the petitioner received an appointment order dated 17.02.2020 pertaining to temporary post issued by the respondent Department on 05.01.2021 i.e. after about 1 year. The petitioner filed various representations in this regard, but all went in vain. Hence, the present petition has been filed by the petitioner.
3. Learned counsel for the petitioner submits that the inaction on the part of the respondent department in not issuing NOC in favour of the petitioner, as mandated by Clause 12 of the bond/agreement executed between the petitioner and the respondent Department, is violating the fundamental right to livelihood to the petitioner, as enshrined under Article 21 of the Constitution of India. The petitioner has successfully passed MBBS Final Part-II Examination in the year 2016 from her college and received the marksheets and has completed her compulsory rotatory internship (One Year Programme) as a resident intern from 01.04.2018 to 31.03.2019 and received the internship certificate from her college on 28.06.2019 i.e. when her MBBS was successfully completed, but despite the same, the NOC to serve in the rural areas has not been issued within the stipulated period in utter violation of Clause 12 of the agreement and the same is precluding the petitioner to serve in the medical fields in absence of final degree and permanent registration and a result of the same, the petitioner has not received the MBBS Degree from her college and could not be registered permanently in the Chhattisgarh Medical Council in absence of NOC. The petitioner has filed various representations in this regard, but all went in vain. He further submits that the appointment order dated 17.02.2020 was issued in favour of the petitioner by the respondent Department after expiration of 6 months stipulated period, that too in a very informal way on 05.01.2021 i.e. after more than 1 year of her completion of MBBS. The petitioner has taken an educational loan for her studies and finds it very difficult to pay the installments of the same in absence of any livelihood. Therefore, the petition may kindly be allowed and the respondent Department be directed to issue NOC in favour of the petitioner so that she may receive her final degree and may serve in the medical fields.
Learned counsel has placed his reliance on the judgment rendered by the Hon’ble Supreme Court in the matter of Olga Tellis vs Bombay Municipal Corpn, reported in (1985) 3 SCC 545 and in the matters of Dr. Rahul Mittal vs State of Madhya Pradesh and others, passed in WP No.13445/2018, order dated 18.04.2022 and Dr. Archana Govind vs State of Madhya Pradesh and others, passed in WP No.18370/2021, order dated 09.05.2022 rendered by the Hon’ble Madhya Pradesh High Court.
4. Learned counsel for the respondents submit that in the year 2013, total 100 students including the petitioner were admitted in Late Shri Baliram Kashyap Memorial Medical College, Jagdalpur for MBBS course, out of which total 47 students including the petitioner passed final part-II Examination in the month of February, 2018 and they were sent for medical training which starts from 01.04.2018 to 31.03.2019 and were issued internship certificate, but out of 40 students, only 8 students including the petitioner had given their consent for rural services. After completion of their services in rural areas, some of the students were issued appointment order on 27.05.2019 and subsequently the petitioner was also issued appointment order on 17.02.2020 appointing the petitioner as Medical Officer for District Hospital, Mungeli. The NOCs to 5 students, who gave their consent, have been given by the authorities, as they have completed 2 years rural services. He further submits that the petitioner has not completed her 2 years compulsory rural services, as such NOC has not been issued in her favour. Therefore, the petition may kindly be dismissed.
5. Heard learned counsel for the parties and perused the material available on record.
6. On 10.01.2022, the State sought time to seek factual instructions as regards the dates on which intimation was received by the State counsel so far as the completion of course of the petitioner is concerned and also as regards the issuance of order of appointment dated 07.02.2020, whether it was served upon the petitioner or not.
7. On 17.02.2023, this Court directed to file affidavit by the Additional Secretary, Health and Family Welfare Department within a week indicating that the order dated 17.02.2020 was communicated to the petitioner and dispatch register was also directed to be filed along with affidavit.
8. The Additional Secretary, Health filed his affidavit on 01.03.2023 along with dispatch register (Annexure-1), which shows that the appointment order was dispatched to the petitioner on 19.02.2020, but the respondent did not file any acknowledgement of the same. The petitioner filed rejoinder on 15.01.2023 and submits that so called appointment order dated 17.02.2020 was issued by the respondent Department from back date. The Department did not issue any appointment order in favour of the petitioner in time along with other candidates and batchmates. The petitioner sent several notices to the respondents in this regard, but they did not give reply to any of the notices nor properly communicated the appointment order in favour of the petitioner.
9. The clause 12 of the agreement executed between the parties is as under:-
10. The respondents admitted this fact that the Dean of Medical College, Jagdalpur informed by letter dated 17.07.2019 (Annexure-R/6) that the petitioner completed her internship and has given her consent for rural services, but the petitioner was not issued the appointment order within 6 months, as mandated in Clause 12 of the agreement/bond. The respondents filed copy of dispatch register with regard to the appointment order issued in favour of the petitioner, but no acknowledgement of the same has been filed, which may show that the petitioner received appointment order within stipulated period of 6 months.
11. The Hon’ble Madhya Pradesh High Court in the matter of Dr. Rahul Mittal vs State of Madhya Pradesh and others, passed WP No.13445/2018, order dated 18.04.2022, held in para 27 as under:-
“27. Indisputably, no appointment order has been issued to the petitioner by the Commissioner till date. Hence, in our opinion, whether petitioner is bound to serve in the rural areas or comply with the condition of his affidavit is not of much relevance. In other words, the question of rendering rural services would arise provided petitioner was given appointment by the Government. Since the Government has not given any such appointment, this question academic in nature, in our opinion need not be answered.”
12. Further, the Hon’ble High Court of Madhya Pradesh in the matter of Dr. Archana Govind vs State of Madhya Pradesh and others, passed in WP No.18370/2021, order dated 09.05.2022, held in para 16 as under:-
“16. Pertinently, in the case of Dr. Rahul Mittal (supra), no appointment order was ever issued to the said candidate/petitioner, who had passed the relevant course at relevant point of time. The only difference in the present case is that although a posting order was issued to the petitioner on 07.09.2018 (Annexure-P/9), the said appointment/posting order was not in accordance with Rule 11 because it was issued before completion of petitioner’s qualification. Thereafter, admittedly no fresh appointment order or modified order was passed. Thus, in view of Deeming clause of Rule 11 and as per the order passed by this Court in Dr. Rahul Mittal (supra), bond conditions cannot be enforced against the petitioner.”
13. Applying the aforesaid principles in the present case as well, it is unambiguous that in the case in hand, the respondents have not issued appointment order in favour of the petitioner within time, as prescribed in the agreement/bond, meaning thereby the bond conditions automatically stood cancelled because of breach of Clause 12 of the agreement/bond. The question of rendering rural services would arise provided the petitioner was given appointment order within time and even no acknowledgement of the same has been filed by the respondents. Resultantly, the conditions of the agreement cannot be enforced against the petitioner anymore. Consequently, the respondents are bound to give NOC to the petitioner.
14. The writ petition stands allowed. No order as to cost (s).
