JUDGMENT : Arup Kumar Goswami, J. 1. Heard Mr. Devesh G. Kela, learned counsel for the appellants. Also heard Ms. Astha Shukla, learned Government Advocate, appearing for the respondents. 2. This writ appeal is presented against an order dated 10.02.2022 passed by the learned Single Judge in WPC No.749 of 2022, dismissing the writ petition. 3. The two petitioners had appeared in NEET PG-2017 and on the basis of their merit position, they were allotted seats of M.S. Ophthalmology in Pt. Jawahar Lal Nehru Memorial Medical College, Raipur by letter dated 30.05.2017. 4. Admissions are regulated in terms of Chhattisgarh Chikitsa Snatakottar Pravesh Niyam, 2017 (for short, 'the Rules of 2017'). 5. Section 11 (1) of the Rules of 2017 reads as follows : ^^11- NRrhlx<+ jkT; ds vUrxZr lsok dh vfuok;Zrk o ikB~;dze ds e/; esa lhV dk ifjR;kx djus ij {kfriwfrZ %& ¼1½ ,e-Mh-@,e-,l-@fMIyksek lhVksa ds vUrxZr izos'k ysus okys leLr ¼jkT; dksVk rFkk vf[kyHkkjrh; dksVk½ vH;fFkZ;ksa ds fy, vfuok;Z gksxk fd og LukrdksRrj ikB~;dze lQyrkiwoZd iw.kZ djus ds i'pkr~] nks o"kksZa dh dkykof/k rd NRrhlx<+ 'kklu ds v/khu dk;Z djsxkA bl gsrq vukjf{kr vH;FkhZ dks :- 50 yk[k rFkk vkjf{kr vH;FkhZ dks :- 40 yk[k dk ca/k i= fu"ikfnr djuk gksxkA ¼ca/k i= dk izk:i ifjf'k"V & pkj **d**½^^ 6. Perusal of the above would go to show that it is compulsory for all the candidates taking admission in M.D./M.S./Diploma courses, to serve a period of two years under the Government of Chhattisgarh after completing PG course successfully. The provision requires a bond to be executed by the unreserved candidate for an amount of Rs.50 lakhs and Rs.40 lakhs by the reserved candidate. The format of bond is given in Appendix - 4(A). 7. The Bond is executed in Hindi. In Clause (4) of the bond, it is stated that the candidate, after completion of MD/MS/Diploma course successfully, will invariably serve the State Government for a period of two years on the terms and conditions following thereafter. The format of bond is given in Appendix - 4(A). 7. The Bond is executed in Hindi. In Clause (4) of the bond, it is stated that the candidate, after completion of MD/MS/Diploma course successfully, will invariably serve the State Government for a period of two years on the terms and conditions following thereafter. Clause (5) provides that in the event of breach of conditions of the bond, the State Government would have the right to recover Rs.50 lakhs from the unreserved candidate and Rs.40 lakhs from the reserved candidate, i.e., the amount of this bond from his movable or immovable property or from movable or immovable property of the signatory of sureties of this bond and the entire amount (calculated as on the date) paid as scholarship/stipend during the period of study will be recovered as the arrears of land revenue. Clause (6) provides that till the entire amount is recovered, no objection certificate shall not be issued to him by the Dean. In Clause (7), it is stated that after issuance of the no objection certificate by the Dean, he will submit the said no objection certificate before the Director, Health Education and on his recommendation, the University will grant final degree and he will permanently be registered in the State Medical Board on the basis of his final degree. In Clause (8), it is stated that the bond shall automatically be deemed to be cancelled if the Commissioner, Health and Family Welfare Department does not issue appointment order within six months of receiving the intimation from the University about successful completion of M.D./M.S./Diploma course. 8. The petitioners completed their PG course in the month of November, 2020 and the result was declared by Pt. Deendayal Upadhyay Health Sciences and Ayush University in its official website on 17.12.2020. After more than eight months, the names of the petitioners were published in the official website of Director of Health Services on 02.09.2021 for giving them posting. The petitioners submitted applications before the respondent Nos. 3 and 4 on 14.09.2021 for cancelling the bond and for issuing no objection certificate. After more than eight months, the names of the petitioners were published in the official website of Director of Health Services on 02.09.2021 for giving them posting. The petitioners submitted applications before the respondent Nos. 3 and 4 on 14.09.2021 for cancelling the bond and for issuing no objection certificate. Since the applications of the petitioners had not been decided, the petitioners preferred a writ petition before this Court, which was registered as WPC No. 4190 of 2021, and this Court, by an order dated 21.10.2021, directed the respondent No.3 to consider the representations of the petitioners within a period of one month. 9. It is stated in the writ petition that while the representations were not decided, on 29.10.2021, the respondent No.4 issued appointment orders of the petitioners for rendering service for two years under the bond, stating therein that in case of non-compliance of the order, the bond amount would be recovered as arrears of land revenue and that process for cancellation of MBBS and PG degree would be initiated. The petitioners once again submitted representation dated 22.11.2021 before the respondent No.4 with a copy of the order dated 21.10.2021 for cancellation of posting order and giving no objection certificate to them. Having received no communication, the petitioners took recourse to filing the writ petition on 06.02.2022 praying for quashing the order dated 29.10.2021. 10. It appears that the writ petition was dismissed on the first day of listing by the learned Single Judge. 11. A perusal of the order of the learned Single Judge goes to show that, primarily, contention was advanced that since the orders of appointment were not issued within a period of six months from the date of publication of the result of PG course, the bond has lost its efficacy in view of Clause (8) of the bond and therefore, the respondents cannot compel the petitioners to serve in terms of the bond. 12. It appears from the order of the learned Single Judge that State counsel had taken a stand that due to Covid-19 pandemic, there was delay in issuing the appointment orders and therefore, the petitioners cannot be permitted to take advantage for avoiding the bond that was executed by them. 13. The learned Single Judge concurred with the submissions of the learned State counsel and at paragraph 9, observed as follows : "9. 13. The learned Single Judge concurred with the submissions of the learned State counsel and at paragraph 9, observed as follows : "9. Under the circumstances, this Court is of the opinion that petitioner cannot be permitted to take advantage of such precarious condition that prevailed in the State. Undoubtedly, the petitioners had applied for getting an admission to the PG Medical Course with clear undertaking of executing the bond which they did execute. That once having executed the said bond, they would be bound by their bond conditions stipulated therein. That only because the order of appointment in the instant case have been issued with a couple of month delayed and that too with very strong evidence available which prevented the authorities from issuing the order, the same cannot be said to be a failure on the part of the respondents so far as issuance of appointment orders within the period of six months time.” 14. Mr. Kela submits that in view of the specific condition of the bond at Clause (8), the learned Single Judge committed error of law in dismissing the writ petition, though the learned Judge had himself observed that the petitioners would be bound by the bond conditions. He submits that when the respondents themselves had inserted in the bond a clause that if the appointment orders are not issued within a period of six months from the date of publication of the result, the conditions of the bond will stand nullified and the State cannot enforce the conditions of the bond, which had lost its efficacy. 15. By drawing attention to the rejoinder-affidavit filed in the writ appeal, Mr. Kela submits that the plea taken by the State that because of Covid-19 pandemic, appointment orders could not be issued within a period of six months, is a false plea taken before this Court as the orders annexed in the rejoinder would demonstrate that series of orders had been issued by the Health and Family Welfare Department of the State Government and therefore, there could not have been any justification for not issuing appointment orders in favour of the petitioners within the time stipulated in the bond. He has further submitted that it was all the more essential for the respondent authorities to have appointed the petitioners within the period fixed so as to enable them to render their services during the Covid-19 pandemic. He has further submitted that it was all the more essential for the respondent authorities to have appointed the petitioners within the period fixed so as to enable them to render their services during the Covid-19 pandemic. Accordingly, he submits that the order dated 10.02.2022 of the learned Single Judge as well as the order dated 29.10.2021 are liable to be set aside and quashed. 16. Ms. Shukla, while supporting the order of the learned Single Judge, reiterates the submission that offices were not functioning with full working capacity during the pandemic period and therefore, there was some delay in issuing the appointment orders. It is submitted by her that Rule 11 of the Rules of 2017 specifically provides that it is compulsory for every student taking admission in PG medical course to serve for a period of two years under the State of Chhattisgarh after successful completion of the course and in the teeth of such a Rule, the contention of the petitioners that the State cannot issue appointment orders beyond the period of six months is not tenable in law. 17. We have considered the submissions of learned counsel for the parties and have perused the materials on record. 18. It will be appropriate to take note of the notices and orders annexed in the rejoinder-affidavit, which are as follows: (i) Notice dated 19.12.2020 was issued by the Director, Health Services, Chhattisgarh regarding document verification of the applicants / candidates, who had applied for regular appointment in the 300 vacant posts of regular Medical Officers under Directorate of Health Services, Chhattisgarh on the basis of merit list to be held on 04.01.2021, 05.01.2021 and 06.01.2021. (ii) Letter dated 24.12.2020 was issued by Deputy Secretary, Government of Chhattisgarh, Health and Family Welfare Department to the Director, Health Services, Chhattisgarh for publication of final gradation list as on 01.04.2019 of the Medical Officer, service class under Directorate of Health Services, Chhattisgarh. (iii) Letter dated 24.12.2020 was issued by the Director, Health Services, Chhattisgarh to All Chief Medical and Health Officers, Chhattisgarh regarding compliance of the directions of the Secretary, Jeevan Deep Samiti for discharging of financial work in Primary Health Centres. (iii) Letter dated 24.12.2020 was issued by the Director, Health Services, Chhattisgarh to All Chief Medical and Health Officers, Chhattisgarh regarding compliance of the directions of the Secretary, Jeevan Deep Samiti for discharging of financial work in Primary Health Centres. (iv) Letter dated 05.01.2021 was issued by Joint Director, Directorate of Health Services, Chhattisgarh to the Director, National Informatics Centre (NIC), Raipur, Chhattisgarh for uploading the final gradation list as on 01.04.2019 of the Medical Officer service class under the Directorate of Health Services, Chhattisgarh in the departmental website i.e. www.cghealth.nic.in. (v) Notice dated 20.01.2021 was issued by the Director, Health Services, Chhattisgarh regarding document verification of the merit list candidates, since sufficient number of candidates were not available for preparation of waiting list, after the earlier document verification, for regular appointment to the 300 vacant posts of regular Medical Officers under Directorate of Health Services, Chhattisgarh to be held on 25.01.2021. (vi) Appointment order dated 05.02.2021 was issued by the Under Secretary, Government of Chhattisgarh, Health and Family Welfare Department in respect of 95 candidates, who had participated in MBBS course for the year 2020 and had executed the bond for serving Government/Rural Service for a period of two years on the contract basis, in terms of the bond executed by them. (vii) Notice dated 06.02.2021 was issued by the Director, Health Services, Chhattisgarh regarding submission of claim/objection on final merit list of the eligible/ineligible candidates after document verification for regular appointment to the vacant posts of Medical Officer under Directorate of Health Services, Chhattisgarh between 08.02.2021 and 14.02.2021, on email-id:- dhsmo.rec2020gmail.com (viii) Letter dated 06.02.2021 was issued by the Joint Director, Directorate of Health Services, Chhattisgarh to All Chief Medical and Health Officers, All Civil Surgeon-cum-Chief Hospital Superintendent, Chhattisgarh and Hospital Superintendent, State Mental Hospital, Bilaspur for providing information of the Medical Officers in the prescribed format for the purpose of Agenda No. 5 of the meeting dated 11.02.2021 and 12.02.2021. (ix) Order dated 16.02.2021 with regard to postingcum- transfer of the Doctors, who had completed their PG course in the month of June, 2020, issued by the Under Secretary, State of Chhattisgarh, Public Health and Family Welfare Department, till the duration of the bond. (x) Order dated 09.03.2021 issued by the Director, Health Services, Chhattisgarh for re-orientation training of the Block Medical Officers from 15.03.2021 to 20.03.2021 regarding their administrative duty. (x) Order dated 09.03.2021 issued by the Director, Health Services, Chhattisgarh for re-orientation training of the Block Medical Officers from 15.03.2021 to 20.03.2021 regarding their administrative duty. (xi) Letter dated 17.03.2021 was issued by the Director, Health Services, Chhattisgarh to all Chief Medical and Health Officers, Chhattisgarh for taking action against illegal running of Clinics/Dental Clinics/Pathology Labs/Nursing Homes etc. in the State of Chhattisgarh. (xii) Order dated 27.03.2021 issued by the Deputy Secretary, Government of Chhattisgarh, Medical Education Department promoting Doctors posted in Government Medical Colleges to the post of “Associate Professor” from “Assistant Professor”. (xiii) Letter dated 26.04.2021 issued by the Director, Health Services, Chhattisgarh to the Chief Medical and Health Officer, District – Korba (C.G.) regarding nomination of the interested persons for Field Epidemiology Training Program for 2021. (xiv) Letter dated 29.04.2021 issued by the Director, Health Services, Chhattisgarh to the Chief Medical and Health Officer, District – Raipur, Dhamtari, Durg, Balod, Bemetara, Bilaspur, Mungeli, Korba, Raigarh, Janjgir-Champa, Gourela-Pendra-Marwahi, Sarguja, Balrampur and Surajpur (Chhattisgarh) regarding utilization of services of the Insurance Medical Officers for Covid-19, for a period of two months. (xv) Appointment order dated 30.04.2021 in respect of the 44 selected candidates against 50 vacant post of the Medical Lab Technologist issued by the Divisional Joint Director, Health Services, Raipur/Durg Division (C.G.). (xi) Letter dated 25.05.2021 issued by the Director, Health Services, Chhattisgarh to all Chief Medical and Health Officer, Chhattisgarh and Hospital Superintendent, State Mental Hospital, Sendri, Bilaspur (C.G.) for providing information in prescribed format for regularizing the Medical Officers, who are working on Ad-hoc basis under the Directorate of Health Services, Chhattisgarh. 19. Delay in issuing the appointment orders has been attributed by the State to Covid-19 pandemic by stating that many offices had been closed for substantial period and that they were also not functioning with full capacity. However, the number of orders that had been annexed with the rejoinder-affidavit belie the contention and the same would go to show that the plea taken is a feeble plea taken for the purpose of covering up gross negligence on the part of the respondents. 20. The proforma of the bond to be executed by the candidates is enclosed as Appendix - 4(A) and the same is specifically mentioned in Rule 11(1) and therefore, there is no escape from the conclusion that the proforma of the bond is also part of the Rule. 20. The proforma of the bond to be executed by the candidates is enclosed as Appendix - 4(A) and the same is specifically mentioned in Rule 11(1) and therefore, there is no escape from the conclusion that the proforma of the bond is also part of the Rule. Though Rule 11(1) provides that it is compulsory for all the candidates taking admission in M.D./M.S./Diploma courses to serve a period of two years under the Government of Chhattisgarh after completing PG course successfully, the rigour is diluted by Clause (8) of the bond which stipulates that the bond automatically shall be deemed to be cancelled if the Commissioner, Health and Family Welfare Department does not issue the appointment order within six months of receiving the intimation from the University about successful completion of M.D./M.S./Diploma course. When the authority has prescribed such condition in the bond to be executed by the candidates seeking admission, the same has to be given full meaning and effect. Admittedly, the appointment orders were issued after about 11 months from the date of publication of the result. 21. Serious consequences ensue in the event of breach of the terms and conditions of the bond. Having put condition like Clause (8) in the bond, the respondents cannot act in breach of the condition imposed and enforce conditions of the bond by issuing appointment orders beyond the period of six months. It is, however, another matter, if a candidate voluntarily accepts the order of appointment issued beyond the period of six months of receiving the intimation from the University about successful completion of M.D./M.S./Diploma course. 22. In view of the above discussion, the order dated 10.02.2022 passed by the learned Single Judge as well as the order dated 29.10.2021 so far as it relates to the petitioners, are set aside. 23. The writ appeal is allowed. No cost.