Hon'ble RAFIQ, J.—All these four writ petitions have been filed by as many as 91 petitioners who were selected for admission to post-graduation courses in various specialties in different medical colleges of Rajasthan. Petitioners have challenged the condition imposed by the government of requiring them to submit bank guarantee in a sum of five lac rupees with stipulation that they shall not leave or resign post-graduation study course during mid stream. 2. Contention of Shri Sunil Kumar Singodiya and Shri Ram Kumar Sharma, learned counsel appearing on behalf of petitioners, is that said condition is highly unreasonable inasmuch as many of students, who come with humble background from rural areas, cannot afford to give bank guarantee of five lac rupees, which is a waste inasmuch blocking that good amount for total duration of two years, which may have exceeded total fees which they would be required to otherwise pay to government medical college concerned. Petitioners have been selected for admission on the basis of their merit and by imposing a condition like this, respondents are seeking to eliminate meritorious students in favour of moneyed ones. Learned counsel submitted that petitioners are agreeable to furnish bonds, which was a condition imposed by the government from the year 2008 onwards and which condition is proved as an effective deterrence against intention of medical students leaving or resigning post-graduation courses during mid stream, and condition of submitting bank guarantee is discriminatory. It is therefore prayed that condition inserted in the notification dated 02.04.2011 be declared illegal and be quashed and set aside. 3. Mrs. Shruti Dixit, learned Deputy Government Counsel and Shri R.A. Katta, learned counsel appearing on behalf of respondents, opposed writ petitions and argued that number of seats in post-graduation study courses with different medical colleges are very limited and as against this, the figure of students who have been resigning or leaving the study even before its completion of term, is of sizable. This is happening because they change mind in between, for various reasons. Some of students prefer to again appear for pre-PG examination for admission to any other specialty of their choice and some of them leave or resign the course for certain other personal reasons. This is happening because they change mind in between, for various reasons. Some of students prefer to again appear for pre-PG examination for admission to any other specialty of their choice and some of them leave or resign the course for certain other personal reasons. Reasons may be many but compelling fact is that respondents are under obligation to follow the calendar of admission fixed by Supreme Court, according to which they can fill up the seats only up-to 31st May of the year. Reference in this connection is made to judgments of Supreme Court in Mridul Dhar vs. Union of India – (2005) 2 SCC 64 and Medical Council of India vs. Madhu Singh & Others, (2002) 7 SCC 258 , inconformity of which this condition has been laid down. The cut-off-date has been indicated in the instructions. It is argued that no fresh counselling can be taken place once student leave the course after admission, and that the seat available within permissible intake limit approved by the Medical Council of India, is bound to lie vacant for entire session. Lot of infrastructure is created in those colleges by the government which are attached to it. It is contended that in case seat remains unfilled or unoccupied for entire duration, the money spent by the government on that account also goes waste. Other meritorious students, who may in the event of such students opting for admission and subsequently leaving/resigning the same, are also deprived of admission against such seats because by that time, the cut-off-date would have already gone. 4. Mrs. Shruti Dixit, learned Deputy Government Counsel, appearing on behalf of the respondents State has filed an additional affidavit on behalf of the Government and enclosed therewith a chart of previous five years indicating number of seats which remained vacant on account of leaving/resigning by students after admission to post-graduation study courses in six government medical colleges of the State. It is argued that bond is obtained only till the time the students are required to appear in counselling. Once they are selected for admission, the bonds are returned back to them on their submitting bank guarantee at the time their joining. It is argued that bond is obtained only till the time the students are required to appear in counselling. Once they are selected for admission, the bonds are returned back to them on their submitting bank guarantee at the time their joining. It is argued that in similar circumstances when students are admitted to private medical colleges, a very heavy amount is paid by them by way of capitation fee as well as regular fee; and, as compared to that, the bank guarantee of five lac rupees is very negligible. 5. On hearing learned counsel for the parties and perusing record, I find that seats available in various specialties in different medical colleges of Rajasthan are really very limited in the initial years of 2006-2007. Before, however, any conclusion can be drawn, it would be appropriate to reproduce hereunder details of five government medical colleges to indicate the pattern on which students have been leaving/resigning the seats after their admission and what has been the effect of obtaining bonds by respondents from the year 2008 onwards. SMS Medical College, Jaipur Sr. No. Year Total seats in service Join-ing Non-Join-ing Regis-tered Total Seats (non-service & AIQ) Join-ing Non-join-ing Regis-tered 1. 2006 31 31 – 01 91 91 – 03 2. 2007 31 31 – 01 91 90 01 04 3. 2008 31 30 01 – 91 91 – – 4. 2009 30 30 – – 91 91 – 01 5. 2010 30 30 – – 151 151 – – Sd/- Addl. Academic Officer S.M.S. Medical College, Jaipur Sardar Patel Medical College, Bikaner Year Total seats Vacant due to Non-joining Vacant due to Resignation In-ser. Non-Ser. Total In-ser. Non-Ser. Total 2006 73 – 6 6 – 3 3 2007 73 – 5 5 – 10 10 2008 74 – – – 1 1 2 2009 74 1 – 1 1 – 1 2010 97 2 2 3 1 – 1 Total 3 13 16 3 14 17 Sd/- Principal, S.P. Medical College, Bikaner. Dr. Non-Ser. Total In-ser. Non-Ser. Total 2006 73 – 6 6 – 3 3 2007 73 – 5 5 – 10 10 2008 74 – – – 1 1 2 2009 74 1 – 1 1 – 1 2010 97 2 2 3 1 – 1 Total 3 13 16 3 14 17 Sd/- Principal, S.P. Medical College, Bikaner. Dr. S.N. Medical College, Jodhpur Year Total seats Non-Service (NS) Incl.AJQ In service (INS) Not joined Resig-nation Any other reason Total vacant seats 1 2 3 4 5 6 7 5+6+7 2006 51 40 11 01 (NS) 04 (NS) 01 (NS) due to death 06 (NS) 2007 56 51 05 – 04 (NS) 04 (NS) 2008 56 42 14 – 02 (NS) 01 (NS) due to death 03 (NS) 2009 57 41 16 01 (NS) – – 01 (NS) 2010 82 59 23 – – – – Sd/- Principal & Controller Dr. S.N. Medical College Jodhpur (Raj.) Dr. S.N. Medical College, Jodhpur Year Particulars In Service Non Service Remarks 2006 Total seats 12 38 Resigned 1 1 Terminated – 1 Vacant – *1 *Not joined 2007 Total seats 3 47 Resigned 1 2 Terminated – 1 Vacant – – 2008 Total seats 13 37 Resigned – – Terminated – – Vacant – – 2009 Total seats 14 36 Resigned – – Terminated – – Vacant – – 2010 Total seats 25 46 Resigned – – Terminated – – Vacant *1 **1 * Not joined **Candidate expired Sd/- Principal & Controller Government Medical College, Kota Sr. No. Year State Quota Seats In Service (IS) Non Service (NS) Total Filled Vacant due to Non-Joining Vacant due to joined & Resigned Total Filled Vacant due to Non-Joining Vacant due to joined & Resigned 1. 2006 05 04 01 Nil 05 03 02 Nil 2. 2007 05 03 02* Nil 05 05 Nil Nil 3. 2008 05 05 Nil Nil 05 05 Nil Nil 4. 2009 05 05 Nil Nil 05 05 Nil Nil 5. 2010 13 13 Nil Nil 13 12 01 Nil Total 33 30 03 Nil 33 30 03 Nil *Not allotted: Transferred to State Quota Sd/- Principal and Controller 6. 2007 05 03 02* Nil 05 05 Nil Nil 3. 2008 05 05 Nil Nil 05 05 Nil Nil 4. 2009 05 05 Nil Nil 05 05 Nil Nil 5. 2010 13 13 Nil Nil 13 12 01 Nil Total 33 30 03 Nil 33 30 03 Nil *Not allotted: Transferred to State Quota Sd/- Principal and Controller 6. Aforesaid chart would indicate that ever since condition of furnishing bond was imposed by government, there has been a definite decrease in number of students resigning/leaving the seats but that phenomenon would not be completely befitting which give rise to imposition of condition of bank guarantee. This would be evident from the details with regard to SMS medical college, Jaipur, where in the year 2006 four students resigned from post-graduation study course in mid stream; in 2007 this figure rise to five students whereas one student did not join after selection. These are details of those seats which remained unfilled for rest of duration of the course. However, from 2008 when condition of furnishing bond was imposed, only one seat is shown to have gone waste due to non-joining; in 2009 one person resigned whereas in 2010 the figure of such student is nil. In diploma courses also the situation somewhat improved beyond 2008 onwards, where, it is indicated, only one student resigned in 2009 and none in other years as compared to 2006 wherein figure of non-joining is as high as 11 and resignation is only of 2 students, which figure in 2007 is three. Similarly in Sardar Patel Medical College, Bikaner, in 2006 there were six seats remained vacant due to non-joining and three due to resignation; in 2007 five seats remained vacant due to non-joining and ten due to resignation. But from 2008 onwards this situation improved as only two candidates resigned during mid stream and in 2009 only one seat remained vacant due to non-joining and one due to resignation; in 2010 four seats remained vacant due to non-joining and one due to resignation. The figure of Dr. S.N. Medical College, Jodhpur, is quite high where in 2006 after admission one candidate did not join, four candidates resigned, one seat remained vacant due to death of candidate; in 2007 four candidates resigned; in 2008 two candidates resigned; in 2009 one student did not join. The figure of Dr. S.N. Medical College, Jodhpur, is quite high where in 2006 after admission one candidate did not join, four candidates resigned, one seat remained vacant due to death of candidate; in 2007 four candidates resigned; in 2008 two candidates resigned; in 2009 one student did not join. In Jawahar Lal Nehru Medical College, Ajmer in 2006 two seat remained vacant due to resignation and one student did not join; in 2007 three students resigned; in 2008 and 2009 no seat remained vacant, and in 2010 one candidate did not join. In R.N.T. Medical College, Udaipur also number of students, who resigned in 2006 and 2007 was quite high i.e. six and eight respectively, but in 2008, 2009 and 2010 figure is decreasing where two candidates did not join. In Government Medical College, Kota, while two candidates did not join in 2006 and in 2010 this figure is only one. 7. It would be evident from the above discussion that submission of bond by students though has had desired effect but it could not completely refrain the students from leaving or resigning the course which was the intention of the government in imposing condition of submitting bank guarantee at the time of their joining the course. The government is seeking to justify its action on plea that seats are limited in various government medical colleges within permissible intake limit approved by the Medical Council of India and if students are permitted to leave/resign the course in the mid stream, however, due to restrictions of cut-off-date, the seats cannot be utilized for rest of duration of the course and in this manner the entire money that is spent by the government for providing facilities and infrastructure for each of such seat, go waste. The concern of the government may not be totally unfounded but at the same time, two other factors have to be taken into consideration. One is that all the petitioners have been selected on the basis of their merit and secondly, neither the court nor the respondents can presuppose that once admitted they would unnecessarily leave the course in mid stream. One is that all the petitioners have been selected on the basis of their merit and secondly, neither the court nor the respondents can presuppose that once admitted they would unnecessarily leave the course in mid stream. However, but in order to alleviate apprehension of respondents government/university, the bank guarantee to the extent of reasonable amount may be accepted as justifiable condition to swift over the condition of bank guarantee of five lac rupees from the bond of same amount which was introduced only two years ago and has had desired effect of decreasing the students leaving the course in mid stream, may not be justified. 8. In the facts of the case, ends of justice would be met if the students are required to give bank guarantee for vacation of the total amount of five lac rupees and not for the entire amount for which according to earlier system they were submitting the bond. Bond is even bond now obtained by the respondents but the same is returned back to them at the time of their joining the course. Ends of justice would be met if the petitioners/students are required to furnish the bank guarantee of Rs.1.5 lac only and for differential amount of Rs.3.5 lac they would submit the bond. However it is made clear that the bank guarantee may be submitted in the name of either parents or any other relative and as pointed out by the counsel appearing on behalf of the respondents that such bond can be submitted jointly by three persons for the same amount. Petitioners would submit such bank guarantee at the time of joining the course and for such of those who have already been under the interim order of this court, those petitioners would submit such bank guarantee of Rs.1.5 lac within a period of two weeks from today. 9. This order shall also apply to the students who have been admitted and have not approached this Court by filing writ petitions. Writ petitions are accordingly disposed of.