IN THE HIGH COURT OF ORISSA, CUTTACK.

W.P.(C) NO.__________ 2020.

Code No.____________

In the matter of:

An application under Articles 226 and 227 of the Constitution
of India.

A ND

In the matter of:

An application challenging the illegal Resolution No.ME-II-
IXM-88/2008-3418/H dtd.3.2.2017 of Govt. of Odisha putting
arbitrary condition for admission in Post Graduate Medical
Course in All India Quota and compelling the petitioners who
have taken admission in Post Graduate Medical Course in All
India Quota, to execute an agreement/undertaking in shape of
bond in Non-Judicial paper that they have to work for three
years in KBK/Tribal area after completion of their course and
also challenging the order dtd.17.06.2020 of the Directorate of
Medical Education and Training, Odisha issued to the
petitioners for appointment after completion of P.G study.

A N D
In the matter of:
(1) Petitioner

(2) …..
(3) ….. … Petitioners.

- Versus -
(1) State of Odisha,
represented through Commissioner-
cum-Secretary, Health & Family
Welfare Department,
 Secretariat Building,
Town/Po. Bhubaneswar,
Dist. Khurda.

(2) Director, Medical Education and

Training, Odisha, Bhubaneswar,
Town/Po. Bhubaneswar,
Dist. Khurda.

(3) Principal & Dean,

S.C.B. Medical College & Hospital,
At/Po. Mangalabag,
Town/Dist. Cuttack.

(4) Principal & Dean,

M.K.C.G. Medical College & Hospital,
Town/Po. Berhampur,
Dist. Ganjam.

(5) Principal & Dean,

V.S.S. Medical College & Hospital,
At/Po. Burla, Dist. Sambalpur.

(6) Controller of Examination,

Utkal University, Vani Vihar,
Town/Po. Bhubaneswar,
Dist. Khurda.

(7) Medical Council of India,

Represented by its Secretary,
Pocket14, Sector-8,
Dwara, New Delhi. … Opp. Parties.

The matter out of which this writ

application arises was never before
this Hon’ble Court.
To,
The Hon’ble Shri Mohammad Rafiq, B.Com, L.L.B., M.Com, Chief
Justice of Orissa High Court and his Lordship’s companion Justices of
the said Hon’ble Court.

The humble petition of the

above named petitioners;

MOST RESPECTFULLY SHEWETH:

1. That the petitioners finding no other alternative equally speedy and
efficacious remedy invoke the extraordinary jurisdiction of this
Hon’ble Court challenging the Resolution No.ME-II-IXM-88/2008-
3418 H dtd.3.2.2017 of Govt. of Odisha putting arbitrary condition for
admission in Post Graduate Medical Course under state quota or All
India Quota and compelling the petitioners who have taken admission
in Post Graduate Medical Course in state or All India Quota, to
execute an agreement/undertaking in shape of bond in Non-Judicial
paper that they have to work for two years in KBK/Tribal i.e., in any
health institution of the state after completion of their course and also
challenging the challenging the order dtd.17.06.2020 of the
Directorate of Medical Education and Training, Odisha issued to all
person concerned for appointment after completion of P.G study
against the vacant posts mentioned against their names. Thus such
action of the opp.parties imposing such illegal conditions is illegal,
arbitrary, contrary to the Proforma which had been uploaded by the
Deans and Principals of the Medical Colleges in the website and
violation of Article 14 of the Constitution of India.
2. That the petitioners are citizens of India and prosecuting their studies
and reside within the territorial jurisdiction of this Hon’ble Court for
the present. Parties are amenable to the writ jurisdiction of this
Hon’ble Court. Cause of action also arises within the territorial
jurisdiction of this Hon’ble Court.

3. That it is humbly submitted that pursuant to the publication of

prospectus for National eligibility cum Entrance Test (Post Graduate)
2017 for admission into Post Graduate Medical Course in
MD/MS/Diploma and MDS Courses of total seats under All India
Quota, the petitioners applied and appeared in the examination and
came out successful to take admission in Post Graduate Medical
Courses under All India Quota. Copy of the Prospectus for National
eligibility cum Entrance Test (Post Graduate) 2017 is annexed hereto
as ANNEXURE-1.

4. That it is pertinent to mention here that there was online filling up of

forms and allotment of seats under All India Quota for admission to
the Colleges in different States. The petitioners came out successful in
the Entrance Examination to take admission in PG Medical Course
under All India Quota. They applied through online to take admission
on preference of States and the selection was made on online and the
seats were also allotted through online.
5. That it is humbly submitted that all the States in India have no
provision or precondition of execution of bond to work in peripheral
service for admission in PG Medical Course except few States. There
was also no provision or precondition of execution of bond to work in
peripheral service for admission in PG Medical Course in the State of
Odisha till the petitioners filled up forms and applied and allotted the
seats through online. It is worth to mention here that the Deans and
Principals of three Medical Colleges in the State of Odisha had also
uploaded the Proforma application in the website for admission in
Post Graduate Medical Courses in Academic Session 2017. In the said
Proforma application uploaded by the Deans and Principals of the
Medical Colleges, it had been specifically mentioned that no bond is
required for the All India Quota candidates. The petitioners who had
been selected under All India Quota, applied through online for
admission in Post Graduate Medical Courses in Academic Session
2017-18 as there was no bond required for All India Quota candidates
and got selected to take admission. Copies of the Proforma
applications uploaded in the website for admission in Post Graduate
Medical Courses in Academic Sessions 2017-18 are annexed hereto as
ANNEXURE-2 SERIES.

6. That it is humbly submitted that the prospectus for National eligibility

cum Entrance Test (Post Graduate) 2017 was issued in the year
November, 2011 and the Proforma applications of Medical Colleges
in the State of Odisha had been uploaded in the website stating that no
bond is required for All India Quota candidates. It is worth to mention
here that candidates selected under All India Quota can take
admission in any of the states as per their choice if selected in the said
state. The petitioners had applied for admission online in several
states on preference basis and also got selected in several states for
admission in Post Graduate Medical Courses in Academic Sessions
2017-18 including the State of Odisha and they were called for
counseling. As there was no precondition for bond in State of Odisha,
they locked their choice to take admission in Medical Colleges in
State of Odisha. While the matter stood thus, when they came for
counseling, they were told that a resolution has been published in
extraordinary Odisha Gazette Resolution No.621-ME-II-IXM-
88/2008-3418 H dtd.3.2.2017 by the Government of Odisha, Health &
Family Welfare Department for execution of bond by the students
prosecuting Medical, Dental and Para-Medical Courses in
Government Institutions in the State for service in KBK/Tribal areas
after completion of their studies for both State and All India Quota
candidates and they were asked to execute the bond. This decision of
the Government of Odisha was taken and published after the
petitioners were selected and allotted seats through online and they
left their option of admission in other states. Therefore, the resolution
No.3418 dtd.03.02.2017 is illegal, arbitrary and contrary to the settled
principles of law and violation of Articles 14, 16 and 21 of the
Constitution of India and hence, is not sustainable in the eye of law
and is liable to be quashed. Copy of the resolution No. 3418 dtd.
03.02.17 is annexed hereto as ANNEXURE-3.
7. That it is pertinent to mention here that the petitioners belong to
outside the State of Odisha and after being selected and allotted seats
in Post Graduate Medical Courses in the State of Odisha, the
petitioners locked their choice online to take admission in Medical
Colleges in State of Odisha as there was no provision to execute any
bond for peripheral service. Had there been any bond system, they
would not have locked their choice online to take admission in the
State of Odisha and would have tried their luck in some other State
because the selection under All India Quota mean they have been
selected for all the states for All India Quota seats. But after the
petitioners left their option in other States and when there was no
option left for them to change their option, the authorities/Opp. Parties
just before counseling informed the petitioners for execution of bond
for three year peripheral service after completion of their course.
Under compelling circumstances, the petitioners took admission as
there was no choice left for them to take admission in Colleges in
some other State and in case of their refusal, they had to loose one
valuable year of their career. Therefore, under compelling
circumstances created by the authorities, the petitioners took
admission and have been prosecuting their studies in their respective
disciplines in the Medical Colleges in State of Odisha. It is humbly
submitted that in the Welfare State and Country, the authorities are to
act fairly and not allowed to act as per their sweet will and force
somebody to act as per their will. In the instant case, the authorities,
forced and compelled the petitioners to execute the bond as per their
sweet will which is not permissible in the eye of law. Furthermore, the
authorities are also estopped to demand for execution of bond at the
 stage of counseling as per the Resolution No.3418 dtd.03.02.2017
which came much after the prospectus of for National eligibility cum
Entrance Test (Post Graduate) 2017. Therefore, the Resolution
No.3418 dtd.03.02.2017 is illegal, arbitrary and is in violation of
Articles 14 and 21 of the Constitution of India.

8. That it is humbly submitted that the petitioners took admission in P.G.

Medical three year courses during the year 2017-18 under All India
Quota and their three year course is going to be completed in this
year, 2020. Thus, after successful completion of their course, they are
entitled to their certificates to pursue their higher studies. The
Directorate of Medical Education and Training, Odisha vide order
dtd.17.06.2020 has issued to all the persons concerned the order for
appointment of the students to different posts mentioned against their
names as per their specialty from 1.7.2020 to 30.06.2021 for fulfilling
the conditions of the bond executed by them at the time of admission.
This action of the authorities is nothing but exploitation and hence, is
illegal, abirtrary, excessive exercise of power and is in violation of
Articles 14, 16 and 21 of the Constitution of India. Copy of the order
dtd.17.06.2020 is annexed hereto and marked as ANNEXURE-4
SERIES.

9. That it is humbly submitted that the petitioners have taken admission

under the All India Quota in the seats reserved for All India
candidates. They had not specifically applied for admission in the
State of Odisha. They appeared for All India Entrance Test in respect
 of all the states for All India seats. Thus, the resolution of the
Government of Odisha is not at all applicable to the candidates
admitted under the All India Quota like the petitioners who have been
admitted on the basis of selection made under the All India Quota. It
is humbly submitted that the selection of candidates under All India
Quota mean that the selected candidates can take admission in any of
the states as per their choice if selected in the said state.
Unfortunately, they have been forced to execute the bond to serve in
KBK/Tribal areas after they have been allotted seats and locked their
option. Now after completion of their studies, they are being forced to
execute the bond in view of the Resolution No. 3418 dtd.03.02.2017
failing which their certificates will not be issued to them, even though
they are not liable to execute such bond and in this process, they are
being prevented from pursuing their higher studies. Furthermore, the
Resolution No.3418 under Annexure-3 was published much after the
publication of prospectus. Thus, the authorities are estopped to
demand for execution of bond at the stage when the selection and
allotment of seats in favour of petitioners was over. Therefore, the
Resolution No. 3481 dtd.03.02.2020 under Annexure-3 and the order
under Annexure-4 Series are illegal, arbitrary, unconstitutional,
suffers from doctrine of estoppel and hence, are liable to be quashed.

10. That the authorities are also estopped to withhold the result and
certificates of the petitioners after completion of their studies.
Therefore, the resolution dtd.03.02.2017 under Annexure-3 and the
notices under Annexure-4 Series are illegal, arbitrary,
 unconstitutional, suffers from doctrine of estoppel, are in violation of
Articles 14, 16 and 21 of the Constitution of India and hence, are
liable to be quashed.

11. That earlier vide resolution No. 621-ME-II-IXM-88/2008-3H

dtd.11.01.2012 the opp.parties had imposed a similar condition for
execution of bond. The opp.parties refused to release the certificates
unless the bond is executed. The same was challenged by the all india
quota students who are similarly placed with the petitioners vide W.P.
(C) No 11361 of 2015 amongst other petitions. This Hon’ble Court
vide Order dtd.11.08.2015 as an interim measure directed that the
certificates be released. Subsequently the opp.parties withdrew the
resolution 621-ME-II-IXM-88/2008-3H dtd.11.01.2012 and the writ
petitions were disposed off as infructuous. Thus, the issuance of the
resolution No.ME-II-IXM-88/2008-3418 dtd.3.2.2017 is an
afterthought and contrary to their own previous decision of not
imposing bond on the all India quota students.

12. That even if the execution of bond is assumed to be binding on the

petitioners it is humbly submitted that there is no fixed criteria for
selection of the students in the college or in periphery. Moreover the
non clinical P.G students are not assigned a single year in periphery
and they get to work entire two years in college itself and it is only the
clinical students who are forced to work in periphery conditions.
Criteria for selection is too random and it hasn't taken into account the
concerns of direct candidates. For instance one Sunanda Gupta of
MKCG, anesthesia got posted in Burla whereas others got posted in
 same college. There is no basis for posting in the Order
dtd.17.06.2020.

13. That the petitioners and other P.G students have been selected in the
appointment order for periphery service randomly and without any
criteria or guidelines fixed by the opp.parties. There is no counseling
for the allotment. There should be equal and uniform distribution of
our duty in all three medical colleges. The NEET marks have been
referred to in the order dtd.17.06.2020 but the appointments are not in
accordance with the NEET marks.

14. That the criteria for selection is too random and it hasn't taken into
account the concerns of direct candidates. The students who are
getting peripheral duty in the 1st year of bond service are at a
disadvantage as they will not be able to apply for higher studies after
the 1st year. The students who are not doing peripheral service in the
first year will get one year of senior resident and consequently be
eligible to apply for higher studies. For such situations there is also a
stipulation in the bond that a student can go for higher in between the
bond period and then complete the bond period after completion of
the higher studies.

15. That it is further humbly submitted that the petitioners who are very
young of 27-28 years old belong to outside States and they have been
prosecuting their studies staying away from their families for last
three years. It is also not practicable for them to stay away from their
family for another two years. It is also inhuman to keep them away
 from their families after completion of their studies. Furthermore, it is
also impracticable for them to work in Tribal areas because of their
language because they cannot interact with the patients who
understand their local language only. Furthermore, the petitioners
have made specialization and there is no scope and facilities in the
Primary and Community Health Centers for the specialists. Thus, it is
clear that this condition of execution of bond is nothing but clear
exploitation. It is further humbly submitted that there is no facility
available in Tribal areas for preparation for Super Speciality Course.
Thus, it is clear that in this way they are being prevented and deprived
of their higher studies. Furthermore, the authorities are also not
entitled to invoke the bond conditions against All India Quota students
since they had not applied under the State Quota and that was also not
published in the website before they opted for seats. By enforcing the
bond and withholding the certificates after completion of their studies
is highly arbitrary, unconstitutional and violation of fundamental
rights of the petitioners and it also cause great prejudice in the entire
career of the petitioners. Therefore, the resolution dtd.03.02.2017
under Annexure-3 and the Order dtd.17.06.2020 under Annexure... are
illegal, arbitray, unconstitutional, are in violation of Articles 14, 16
and 21 of the Constitution of India and hence, are liable to be
quashed.

16. That in view of the above facts and submissions and in the interest of
justice, the impugned Resolution No.3418 dtd.03.02.2017 under
Annexure-3 and the notice under Annexure-4 be quashed, failing
which the petitioners will be highly prejudiced and will suffer
irreparably and substantially.

P R A Y E R.

It is, therefore, humbly prayed that this Hon’ble Court may

graciously be pleased to issue Rule Nisi calling upon the Opp. Parties
to show cause as to why appropriate writ/writs shall not be issued
quashing the impugned Resolution No.3418 dtd.03.02.2017 under
Annexure-3 and the notices under Annexure-4 and on perusal of
causes shown if any or upon insufficient causes shown make the said
rule absolute and may pass such other order/ orders as deemed just
and proper.

And for this act of kindness, the petitioners shall as in duty

bound, ever pray.

By the Petitioners through,

C U T T A C K:
DATE:
Advocate.
 A F F I D A V I T.

I, ………….. aged about …………years, S/o. ……………..,

At- ………………… Dist., …………., At present: P.G. Student,
……………S.C.B. Medical College & Hospital, Cuttack, do hereby
solemnly affirm and state as follows:

(1) That I am petitioner no.1 in this writ application and am

acquainted with the facts of the case. I swear this affidavit on
my behalf so also on behalf of the other co-petitioners being so
authorized by them.

(2) That the facts stated here and above in this writ application are
true to the best of my knowledge and belief and information,
which I believe to be true.

Identified by:

A.C. D E P O N E N T.

CERTIFICATE.
Certified that due to non-availability of cartridge papers, thick white
papers have been used.

Advocate.