Ajay Mohan Goel JUDGMENT
Sanjay Karol, Actg. C.J.
1. Since in all these petitions common questions of law and fact are involved, they are being disposed of by a common judgment.
2. Department of Medical Education and Research, Himachal Pradesh, issued a Prospectus-cum-Application Form for admission to the Postgraduate Degree (MD/MS) Courses, in Indira Gandhi Medical College & Hospital, Shimla, and Dr. Rajindra Prasad Medical College and Hospital, Tanda, District Kangra, Himachal Pradesh.
3. Prospectus contained two parts, i.e. Part-A and Part-B. Serial No. 4 of Part-B, prescribed the following conditions, reproduction of which is necessary for adjudication of the present petition:
"4. BOND, BANK GUARANTEE AND STIPEND
4.1 All the In-Service regular medical Officers will be treated on duty during their entire period of doing PG Degree/Diploma course and will be paid their regular pay and allowances.
4.2 Medical Officers appointed on contract basis will be paid the contractual salary as per their contract agreement or as decided by the Govt. by time to time. No other incentive for serving as Medical Officer will be paid to such contractual appointees, while pursuing PG Degree/Diploma course.
4.3 The candidates who are the part of the All India Quota and chose not to take any stipend during the PG course shall be exempted from the bond conditions.
4.4 Direct candidates will be paid stipend as applicable to them:
1st year Rs. 35,000/- per month
2nd year Rs. 40,000/- per month
3rd year Rs. 45,000/- per month
4.5 There shall be condition of Bond for all the candidates (All India quota and State Quota) to serve the State for five years after completion of the PG course.
4.6 The candidate selected for PG Degree/Diploma will have to execute a Bank Guarantee which shall be amounting to Rs. 10 lacs (Rs. 3 lacs in 1st 2nd year respectively and Rs. 4 lacs in 3rd year). The Bank Guarantee shall be submitted before the commencement of each academic year. In the event of the candidates rescinding on the terms of the bond, the State Government shall have the right to forfeit the amount of bank Guarantee. Simultaneously the request for cancellation of registration of their Degree/Diploma shall be made to the MCI.
Note:(i) No fee shall be refunded in any case, if the candidates leaves PG degree course after last cut of date of admission.
(ii) No candidate will be allowed to draw more than one stipend/scholarship/financial assistance etc.
(iii) The selected candidates are required to submit requisite bond as prescribed in the Prospectus at the time of admission failing which stipend will not be paid to them. The stipend will be paid w.e.f. commencement of academic session. If any candidate will submit bond after commencement of academic session, then stipend will be paid to him/her from the date of submission of Bond in the concerned Medical College.
(iv) All the Postgraduate students (Direct and In-Services) shall be entitled for 30 days leave only per academic year during P.G. course. No carry forward of leave shall be allowed."
4. Appendix-6 of the Prospectus is the Bond, which the candidate, so selected and admitted to a particular course, is required to furnish, relevant portion of which is extracted hereinbelow:
"BOND
"Know all me by these present that I.....................S/O./D/O. Sh..................Resident of............Tehsil...............Distt. .........Himachal Pradesh, presently undergoing Postgraduate D........