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2024 DIGILAW 770 (RAJ)

Amit Soni S/o P. R. Soni v. State of Rajasthan

2024-05-08

AMEER JAIN

body2024
ORDER : 1. In the present batch of writ petitions, the scope of the controversy involved is limited to the purportedly unauthorized and illegal withholding of the petitioners’ original documents by the respondents, even pursuant to the completion of the petitioners’ respective courses. 2. Therefore, considering the fact that the writ petitions warrant adjudication on common questions of law; with the consent of learned counsel appearing on behalf of all the parties, S.B. Civil Writ Petition No. 1347/2024 titled as Dr. Amit Soni vs. State of Rajasthan and Ors., is being taken up as the lead case. It is cautiously clarified that any discrepancies in the present batch of writ petitions, pertain purely to the factual narratives contained therein and not viz-a-viz the question of law to be determined by this Court. 3. The instant petition is filed with the following prayers: “i. the impugned action of the Respondents in not releasing the documents of humble Petitioner, may kindly be declared illegal and arbitrary. ii. the Respondents may kindly be directed to release documents of the Petitioner on giving an undertaking to the effect that in case he is not joining the appointment offered by the State Government in pursuance to the counselling, he shall deposit the amount payable under the bond to the State Government. iii. Any other appropriate order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the Petitioner.” 4. The overarching factual matrix, enveloping the lis to be determined by this Court, is concisely noted herein-under: 4.1 That the petitioner appeared in the NEET-Super Specialty 2020 Examination and was declared successful therein. 4.2 That subsequently, the petitioner was admitted to GMC, Kota in MCH Urology. 4.3 That during admission, the petitioner was directed to submit his original documents to the said college, as a compulsory pre-condition for securing his admission in the said college. 4.4 That accordingly, the petitioner submitted his original documents with GMC, Kota. 4.2 That subsequently, the petitioner was admitted to GMC, Kota in MCH Urology. 4.3 That during admission, the petitioner was directed to submit his original documents to the said college, as a compulsory pre-condition for securing his admission in the said college. 4.4 That accordingly, the petitioner submitted his original documents with GMC, Kota. 4.5 That at the time of taking admission, the petitioner was asked to execute a service bond/undertaking in favour of the State Government to the effect that the petitioner would be bound to serve the State Government after the completion of his course and in an eventuality where he fails to do so, the petitioner would be liable to deposit a penalty amount as per the bond conditions. 4.6 That the petitioner completed his course in the month of December’2023. 4.7 That despite the completion of the said course, the respondents have withheld the petitioner’s original documents and are not releasing the same. 5. In this background, learned counsel for the petitioner submitted that since the petitioner has already completed his course, the impugned action of the respondents in not releasing the original documents of the petitioner is illegal, unjust and arbitrary, thereby being liable to be quashed. While advancing a prayer for the release of the original documents, learned counsel argued that the original documents of the petitioner cannot be retained by the respondents as security for the payment of amount, as enumerated within the service bond undertaking so executed by the petitioner at the time of securing admission in the concerned college. It was averred that the said service bond does not include within its body any condition which enables the respondents to retain the petitioner’s original documents. 6. Furthermore, learned counsel submitted that the issue of release of documents is no more res integra as the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No. 12611/2022 titled as Dr. Nishant Gopal and Ors. vs. State of Rajasthan and Ors. vide order dated 10.11.2022 categorically held that the withholding/retention of original documents was bad-in-law and consequently, the respondents were directed to release the said documents within a period of three weeks. However, the said order dated 10.11.2022 was further challenged by the respondent-State before the Division Bench of this Court in D.B. Special Appeal (Writ) No. 1311/2022 titled as State of Rajasthan and Ors. vs. Dr. However, the said order dated 10.11.2022 was further challenged by the respondent-State before the Division Bench of this Court in D.B. Special Appeal (Writ) No. 1311/2022 titled as State of Rajasthan and Ors. vs. Dr. Nishant Gopal, which vide interim order dated 09.12.2022, disposed of the stay application preferred by the State and directed the State Government to release the petitioner’s documents upon the latter furnishing an undertaking on affidavit before the Court and further submitting the copy of such affidavit before the concerned respondent authority. 7. At this juncture, learned counsel submitted that in light of the order dated 09.12.2022, as passed by the Division Bench, this Court vide order dated 21.02.2024, as an interim measure, directed the respondents to release the documents of those petitioners who shall have furnished an undertaking before the respondents, in terms of the directions enumerated within the order dated 09.12.2022. 8. Therefore, at this stage, citing that the Division Bench of this Court is already seized of the matter on merits, on account of the appeal so preferred by the State in the case of Dr. Nishant Gopal (Supra), learned counsel prayed that the interim order dated 21.02.2024, as passed by this Court be made absolute, as the respondents have already released the petitioner’s documents upon the latter’s undertaking furnished in terms of the order dated 09.12.2022. It was averred that by doing so, the lis before this Court shall culminate, as regardless, the adjudication qua the correctness and/or validity of the said withholding of the original documents by the respondents shall be undertaken by the Division Bench in D.B. Special Appeal (Writ) No. 1311/2022 titled as State of Rajasthan and Ors. vs. Dr. Nishant Gopal. 9. Following suit, learned Additional Advocate General, Mr. G.S. Gill, appearing for the respondent-State also duly conceded to the fact that as on date, the Division Bench is seized of the matter on merits. Howsoever, at the same time, Mr. vs. Dr. Nishant Gopal. 9. Following suit, learned Additional Advocate General, Mr. G.S. Gill, appearing for the respondent-State also duly conceded to the fact that as on date, the Division Bench is seized of the matter on merits. Howsoever, at the same time, Mr. Gill submitted that as the order dated 09.12.2022, passed the Division Bench is presently in operation without having been assailed by the State and in compliance/terms thereof, this Court vide interim order dated 21.02.2024 has directed the respondents for releasing the petitioner’s documents on an undertaking, and which consequently have already been released, then under such circumstances, the interim order dated 21.02.2024 as passed by this Court can be made absolute in order to dispose of the present bunch of petitions. 10. Heard the arguments advanced by learned counsel for both the sides and scanned the record of the instant petition. 11. Having conscientiously considered the submissions put forth before this Court, which are largely convergent qua the disposal of the instant petition, this Court deems it appropriate to make the following observations: 11.1 That the Hon’ble Division Bench of this Court in D.B. Special Appeal (Writ) No. 1311/2022 titled as State of Rajasthan and Ors. vs. Dr. Nishant Gopal, vide order dated 09.12.2022, refused to stay the operation of the order dated 10.11.2022, as passed by the Co-ordinate Bench of this Court. While doing so, the Division Bench, on the aspect of return of the original documents, as an interim measure, held that same may be returned by the State to the respondents upon the latter submitting an undertaking on affidavit before this Court to the effect that if they are not inclined to accept the appointment offered to them by the State, then they shall deposit the amount payable under the service bond so executed by them and on submission of an affidavit before the concerned authority regarding the filing of the said undertaking before this Court along with a copy of the same, the documents/credentials/certificates/marksheets shall be returned to the respondents. 11.2 That in light of the order dated 09.12.2022, as passed by the Division Bench, this Court as an interim measure, vide order dated 21.02.2024, directed the respondents-herein to release the petitioner’s documents, provided that the latter furnishes an undertaking in terms of the order passed by the Division Bench. 11.2 That in light of the order dated 09.12.2022, as passed by the Division Bench, this Court as an interim measure, vide order dated 21.02.2024, directed the respondents-herein to release the petitioner’s documents, provided that the latter furnishes an undertaking in terms of the order passed by the Division Bench. The relevant extract of the interim order dated 21.02.2024 is reproduced herein-under: “In light of the observations made herein-above, this Court, as an interim measure, deems it appropriate to direct the respondents to release the original documents of those petitioners, who furnish an undertaking on affidavit before this Court that if they are not inclined to accept appointment offered to them, they will deposit the amount payable under the bond and on submission of an affidavit before the concerned authority regarding the filing of undertaking before this Court along with copy of the undertaking, the requisite documents shall be returned to the petitioners. Accordingly, in view of aforesaid, the foregoing interim order for the release of the petitioners documents is passed, subject to the furnishing of an undertaking in terms of the order of the Division bench as passed in Nishant Gopal (Supra) on 09.12.2022.” 11.3 That as on date, learned counsel for both the sides have advanced converging submissions regarding the disposal of the instant petition, by making the interim order dated 21.02.2024, as noted above, absolute, especially on account of the fact that in accordance with the undertaking furnished by the petitioner, the respondents have already released his original documents. Therefore, the lis before this Court does not survive any longer, as for adjudication on merits, the Division Bench in D.B. Special Appeal (Writ) No. 1311/2022 titled as State of Rajasthan and Ors. vs. Dr. Nishant Gopal is already seized of the matter. 12. Accordingly, taking note of the overlapping and convergent submissions advanced by learned counsel for both the sides, this Court deems it appropriate to make the interim order dated 21.02.2024, as passed by this Court, for the release of the petitioner’s original documents on the basis of an undertaking furnished in terms of the order dated 09.12.2022, absolute. 13. In terms of the observations made above, the instant bunch of petitions are disposed of. Pending applications, if any, also stand disposed of. Schedule-I Reserved Date 25.04.2024 1. S.B. Civil Writ Petition No. 17592/2022 2. S.B. Civil Writ Petition No. 8648/2023 3. 13. In terms of the observations made above, the instant bunch of petitions are disposed of. Pending applications, if any, also stand disposed of. Schedule-I Reserved Date 25.04.2024 1. S.B. Civil Writ Petition No. 17592/2022 2. S.B. Civil Writ Petition No. 8648/2023 3. S.B. Civil Writ Petition No. 8896/2023 4. S.B. Civil Writ Petition No. 12829/2023 5. S.B. 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