JUDGMENT : TAPABRATA CHAKRABORTY, J. 1. The affidavit of service and the notices served upon the respondents be kept on record. In spite of such notice no one appears today on behalf of the respondents. The petitioner appears in person upon obtaining no objection from his learned advocate and submits that he obtained the MBBS degree in the year 2013 from Smt. N.H.L Municipal Medical College, Ahmedabad, Gujarat and thereafter he appeared in the All India Post Graduate Medical Entrance Examination (in short, AIPGMEE) in December, 2014. Upon emerging to be successful in the same, he took admission in the course of Diploma in Obstetrics and Gynaecology (in short, DGO) in Medical College and Hospital, Kolkata. 2. Drawing the attention of this Court to the documents at pages 37 and 38 of the writ petition, he submits that at the time of such admission, he had to execute an indemnity bond in terms of notifications dated 13th July, 2013 and 10th June, 2014 and had to submit all the original mark sheet, degree/diploma certificate. In the indemnity bond it was categorically stated that upon successful completion of the concerned post, he would have to work in a Multi-Speciality/Super-Speciality Hospital, Secondary and Tertiary Level Hospital in West Bengal for a continuous period of two years failing which he would be liable to recompense the State Government of West Bengal a penal amount of Rs. 10 lakhs for each defaulting year and the Government of West Bengal shall be at liberty to realise the said amount from him, in accordance with law. 3. Upon successful completion of the concerned course he was asked to act as a contractual Medical Officer (Specialized) for a period of two years by a memo dated 7th August, 2017. He, however, did not join the said post and chose to pursue higher studies and accordingly he submitted a representation to the respondent no. 5 on 8th January, 2018 to allow him to deposit the amount stated in the indemnity bond and to return the original documents. As the said representation was not responded to, the petitioner submitted a further representation dated 30th January, 2018 but in vain. The respondent no. 7, however, issued a letter to him on 9th February, 2018 stating that he would get back his original academic documents only after production of a ‘No Objection Certificate’ from the respondent no. 5. As the said representation was not responded to, the petitioner submitted a further representation dated 30th January, 2018 but in vain. The respondent no. 7, however, issued a letter to him on 9th February, 2018 stating that he would get back his original academic documents only after production of a ‘No Objection Certificate’ from the respondent no. 5. In the midst thereof, the petitioner participated in the entrance examination, i.e Post Diploma Centralized Entrance Test (in short, PDCET) for Secondary DNB (Diplomat of National Board) 2018 and the National Eligibility Cum Entrance Test for Post Graduate Courses (in short, NEETPG) 2018 for MD/MS The PDCET was held on 21st December, 2017 and NEETPG was held on 7th January, 2018. The results pertaining to the said examinations were published on 16th January, 2018 and 23rd January, 2018 respectively and he qualified for participation in the counseling process. In support of such contention he has placed reliance upon memoranda dated 26th February, 2018 and 27th February, 2018. 4. He further submits that unless the original documents as retained by the respondents are returned to him he would not be able to get admission in the concerned courses in the event he emerges to be successful in counseling process which is due to commence on and from 16th March, 2018. 5. He further submits that in similar circumstances, the Assistant Secretary to the Government of West Bengal, Department of Health and Family Welfare and the respondent no. 5 vide memoranda dated 24th March, 2017 and 11th May, 2017 had issued ‘No Objection’ in favour of the concerned candidates after acceptance of the amounts stated in the bond executed in terms of the government notification dated 13th July, 2013. The said candidates were allowed to deposit the amounts specified in the indemnity bond in the Head of A/C “8443-00-Civil Deposit-106-Personal Deposits-007-Miscellanous Deposits-07-Deposits”. Let the copies of the letters dated 7th August, 2017, 9th February, 2018, the memoranda dated 26th February, 2018 and 27th February, 2018 and notifications dated 20th February, 2018 and letters dated 24th March, 2017 and 11th May, 2017, as produced by the petitioner, be kept on record. 6. There is no dispute as regards the fact that the petitioner has acquired the MBBS degree as well as Diploma in Obstetrics & Gynaecology but the original mark sheets pertaining to the said courses have been retained by the authorities. 6. There is no dispute as regards the fact that the petitioner has acquired the MBBS degree as well as Diploma in Obstetrics & Gynaecology but the original mark sheets pertaining to the said courses have been retained by the authorities. The petitioner has also produced the schedule for Online Counseling (Allotment Process) NEET (50% All India Quota) and the notification dated 20th February, 2018 issued by the Medical Council of India from which it appears that the counseling process is due to commence on and from 12th March, 2018. In the event the petitioner cannot produce the original documents at the time of counseling there is every possibility that his candidature might be rejected. In view of such urgency involved the matter has been taken up for hearing. 7. In spite of notice no one appears on behalf of the respondents and no instruction is forthcoming as to why the petitioner's representations dated 8th January, 2018 and 30th January, 2018 have not been considered and as to why ‘No Objection’ has not been issued by the respondent no. 5 and the original documents have not been returned to the petitioner though he is ready and willing to deposit the entire amount as specified in the indemnity bond. 8. In the writ petition, the petitioner has also annexed a copy of a judgment delivered in a writ petition being W.P No. 18035 (W) of 2016 in which the validity of the notifications dated 13th July, 2013 and 10th June, 2014 were challenged. However, the petitioner, in his fairness, intimates this Court that an appeal has already been preferred against the same. 9. Indisputably, the petitioner has emerged to be successful in the entrance examinations of PDCET for Secondary DNB (Diplomat of National Board) 2018 and NEETPG for MD/MS as would be explicit from the documents annexed at pages 40 and 41 of the writ petition. It would also be explicit from the document at page 38 of the writ petition that the original mark sheets and certificates are in the custody of the respondent nos. 7 and 9. It is also true that upon emerging to be successful in the said course he was directed to act as contractual Medical Officer for a period of two years, as would be explicit from a memo dated 7th August, 2017. 7 and 9. It is also true that upon emerging to be successful in the said course he was directed to act as contractual Medical Officer for a period of two years, as would be explicit from a memo dated 7th August, 2017. From the document dated 27th February, 2018 it appears that the petitioner had qualified to participate in the Online All India 50% Quota Counseling and also in the State quota counseling. It also appears from the memoranda dated 24th March, 2017 and 11th May, 2017 that two candidates similarly situated with the petitioner were issued ‘No Objection’ to pursue higher studies by the competent authority upon payment of the amount specified in the indemnity bonds executed by them. The only difference which appears is that those candidates joined their posts and applied thereafter to give up such service upon payment of the penal amount. 10. In answer to a query of this Court as to why he did not immediately intimate the authorities that he is not willing to join the concerned post as directed by the memo dated 7th August, 2017, he submits he could not take immediate decision since at that juncture on 27th November, 2017 it was diagnosed that his mother was suffering from the dreaded disease of cancer and on 29th November, 2017 his father also had to undergo a heart operation. 11. The contents of the indemnity bond executed by the petitioner clearly reveals that he would have option either to render a continuous period of two years of service or to recompense the State Government of West Bengal a penal amount of Rs. 10 lakhs for each defaulting year. The petitioner has already stated in his representations that he is ready and willing to recompense the Government of West Bengal and to deposit the amount as specified in the said bond. When the petitioner is ready and willing to pay the said amount and to pursue further studies and when in similar circumstances the respondents have already accepted the penal amount and issued ‘No Objection’ to the candidates, namely, Dr. Mitesh Jatan Bafna and Dr. When the petitioner is ready and willing to pay the said amount and to pursue further studies and when in similar circumstances the respondents have already accepted the penal amount and issued ‘No Objection’ to the candidates, namely, Dr. Mitesh Jatan Bafna and Dr. Shah Ankit Vinodbhai, the respondents cannot apply a different yardstick in the case of the petitioner, moreso when in the government notifications dated 13th July, 2013 and 10th June, 2014 and in the memo dated 7th August, 2017 no period of hiatus has been specified and in the same it has not been contemplated that the concerned candidate can give up such service upon payment of penalty in terms of the bond only upon rendering service for a particular period. 12. For the reasons discussed above, this Court directs the respondents, particularly the respondent no. 5, to allow the petitioner to deposit the amount payable to the Government of West Bengal in terms of the indemnity bond at page 37 of the writ petition and to issue ‘No Objection’ in his favour and to issue necessary direction upon the respondent nos. 7 and 9 to return all the original mark sheets, degree/diploma certificate as submitted by the petitioner at the time of entry in the diploma course along with the original Diploma in Obstetrics & Gynaecology mark sheet, pass certificate and the degree certificate and immediately thereafter the respondent nos. 7 and 9 shall return all the said documents to the petitioner. 13. The above exercise shall be completed by the respondents within a period of two weeks from the date of communication of this order. 14. With the above observations and directions, the writ petition is disposed of accordingly. 15. Photostat plain copy of this order, duly countersigned by the Assistant Registrar (Court) be given to the learned advocates for the parties on their usual undertaking.