Dr. Zigu S. KrishnversusThe State of Bihar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15180 of 2024
     ======================================================
     Dr. Zigu S. Krishn S/o Sri V.V. Radha Krishnan R/o Aathira West Talap, Near
     Municipal Bus Stand, P.S.- Kunnur, District-Kunnur, Kerala- 670001.
                                                                  ... ... Petitioner/s
                                        Versus
1.    The State of Bihar through the Chief Secretary, Bihar, Patna.
2.   The Additional Chief Secretary, Health Department, Bihar, Patna.
3.   The Additional Chief Secretary, Health Department, Bihar, Patna.
4.   The Director, Directorate of Medical Education, Vikas Bhawan, New
     Secretariate, Bihar, Patna.
5.   The Director, Darbhanga Medical College and Hospital, Laheriasarai,
     Darbhanga.
6.   The Principal, Darbhanga Medical College, Laheriasarai, Darbhanga.
7.   The Officer on Special Duty, Health Department, Bihar, Patna.
8.   The Union of India through the Executive Director and CEO, National
     Board of Examination in Medical Sciences, Ministry of Health and Family
     Welfare, New Delhi.
9.    The President, National Board of Examination in Medical Sciences,
      Ministry of Health and Family Welfare, New Delhi.
                                                        ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :       Mr. Ali Muqtadir Ahmad, Advocate
                                     Mr. Shailesh Kumar, Advocate
     For the State           :       Ms. Vartika K. Kashyap, AC to AG
     For the Resp. No. 8 & 9 :       Mr. Kumar Ravish, CGC
                                     Mr. Rohit Kumar, Advocate
                                     Mr. Ayush Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 08-01-2026

                       This Court has heard Mr. Ali Muqtadir Ahmad,

      learned Advocate for the petitioner, Ms. Vartika K. Kashyap,

      learned Advocate for the State and Mr. Kumar Ravish, learned

      Advocate for respondent Nos. 8 and 9.

                       2. This is the second round of litigation, as earlier

      the petitioner had approached this Court by filing C.W.J.C. No.
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         10663 of 2024 seeking a direction upon the respondents

         particularly, the        Principal, Darbhanga Medical     College,

         Laheriasarai, Darbhanga to issue/release the original certificate/

         documents said to have been illegally withheld by him and

         allow the petitioner to pursue further studies; the petitioner

         further sought a direction to the respondent authorities to adhere

         with the direction of the National Board of Medical Sciences in

         reference to the candidates allotted by the National Education

         Board to the Medical Colleges in the State of Bihar in regard to

         the conditions for admission in post MBBS DNB Course and

         Post Diploma DNB Course.

                        3. The afore noted writ petition came to be disposed

         of on 08.08.2024 with a direction to the petitioner to file a

         detailed representation before the Additional Chief Secretary,

         Health Department, Bihar, Patna along with all supporting

         documents, who had further been directed to pass reasoned and

         speaking order, in accordance with law, after giving proper

         opportunity to the petitioner. The claim of the petitioner was

         considered and finally turned down vide order contained in

         letter No.735(17) dated 16.08.2024, which is impugned herein.

                        4. The order impugned is said to have been passed

         without appreciating the terms and stipulations as mandated by
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         the National Board of Examination in Medical Sciences (in

         short ‘NBEMS’). The petitioner also sought quashing of the

         order bearing Memo No. 848(17) dated 13.09.2024, issued

         under the signature of Officer on Special Duty, Department of

         Health, Patna whereby the petitioner has been posted as Medical

         Officer in view of the Departmental Letter No. 3(1) dated

         03.01.2022, read with Resolution No. 450(1) dated 15.04.2017,

         as also the Corrigendum Letter No. 479(1) dated 26.04.2017 for

         three years at Sub-Divisional Hospital, Mahua, Vaishali. Besides

         the aforesaid reliefs, the petitioner also prayed for release of his

         original certificate/documents illegally withheld by the Principal

         of the College so that the petitioner may pursue further studies.

                        5. Mr. Ali Muqtadir Ahmad, learned Advocate for

         the petitioner before coming to the point of challenge has

         narrated the brief facts, inter alia, that the petitioner had

         successfully qualified the entrance examination (Post Diploma

         CET) for the post of Diploma DNB Course in Dermatology and

         has been allotted Darbhanga Medical College for the Session-

         2021-23. The petitioner joined the Course on 11.03.2022 and

         submitted all the original documents i.e. MBBS Degree

         Certificate, Diploma Certificate, Medical Council Registration

         Certificate, Diploma Mark-sheet as well as National Medical
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         Council Recognition Certificate, which were duly retained by

         the College.

                        6. At the time of admission, there was no

         information regarding the service bond on the official

         counselling Website and thus an information had sought for. The

         Principal, Darbhanga Medical College vide its Memo No. 4759

         dated 17.12.2021 informed that the service bond for

         DNB/Diploma candidate is not applicable till now. However,

         any further decision by the Health Department, Government of

         Bihar in this regard will be communicated to the concerned. By

         the said letter, it is made clear that the service bonds are

         applicable for PG Degree and Diploma candidates only.

         Meanwhile, the Government of Bihar in the Department of

         Health vide its Memo No. 03(I) dated 03.01.2022, on a query

         made by the Civil Surgeon-cum-Member Secretary, District

         Health Society, East Champaran informed regarding the

         accreditation of the DNB Diploma Course in terms with the

         letter of National Board of Examination in Medical Sciences

         (NBEMS), New Delhi wherein the stipend fixed for the DNB

         Diploma course/students were directed to be paid, besides the

         other conditions as incorporated under the Resolution No.

         450(1) dated 15.04.2017, read with Corrigendum Letter No.
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         479(1) dated 26.04.2017 prescribing to undergo service bond.

         Notwithstanding the aforesaid facts, the petitioner was coerced

         to sign the service bond at the time of admission in Post

         Diploma DNB in the Department of Dermatology by the

         authorities of the Darbhanga Medical College. Since, there was

         no time left for seeking clarification from the NBEMS, the

         petitioner immediately made a complaint before the National

         Board of Examination regarding the service bond. On receipt of

         the complaint, the NBEMS intimated the Principal of the

         Darbhanga Medical College that the students cannot be forced

         to deposit a bond, the copy of which is marked as Annexure-P/4

         to the writ petition.

                        7. In course of pursuing the studies/training, the

         petitioner also informed the Additional Chief Secretary, Health

         Department about the coercive attitude by the authorities of

         Darbhanga Medical College to compel him to give a service

         bond, however, no decision was taken. Upon completion of the

         Post Diploma DNB Training in the Department of Dermatology

         for the Session 2021-23, the petitioner approached the Principal

         of the Darbhanga Medical College with a request to

         issue/release his original documents at the earliest. Nonetheless,

         any action was taken; however, the Principal of the College
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         sought a guideline from the concerned authorities of the State

         with regard to release of original documents/certificates

         submitted by the petitioner at the time of admission, but no

         decision could be taken in absence of the guideline. In the

         aforesaid premise, the petitioner had earlier come to this Court

         in C.W.J.C. No. 10663 of 2024 and on being dissatisfied with

         the order impugned passed in the purported compliance with the

         order of this Court, the petitioner preferred the present writ

         petition.

                        8. Learned advocate for the petitioner while

         assailing the impugned order has further urged that the

         concerned authority has failed to take into consideration the

         direction/instruction of the NBEMS, which categorically

         declares that the candidates pursuing the Post Diploma DNB

         course is not required to undergo a service bond and thus the

         action of respondent no.2 in rejecting the claim of the petitioner

         is wholly illegal, arbitrary, besides violation of Article 14 of the

         Constitution of India. The respondent authorities of the Health

         Department by issuing the letter of posting in favour of

         petitioner for three years has committed illegality and

         completely misunderstood the purport of Departmental Letter

         No. 3(1) dated 03.01.2022 that a Post Diploma DNB Course
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         candidate has to undergo compulsory service bond. At the time

         of admission in Post Diploma DNB Course, there was no

         provision for the candidate to undergo service bond and for the

         first time the Government of Bihar in the Department of Health

         vide Notification No. 640(1) dated 24.09.2024 has resolved and

         clarified that the course offered under DNB cluster such as Post

         MBBS DNB, Diploma DNB and Post MBBS Diploma, the

         bond will be applicable in terms of the Departmental Resolution

         dated     15.04.2017,       read     with     corrigendum   letter   dated

         26.04.2017 and Resolution dated 27.08.2019. Admittedly, the

         petitioner had taken admission in the Post Diploma DNB course

         for the Session 2021-23 and at that point of time there was no

         such prescriptions for compulsory service bond, hence the

         impugned order is fit to be set aside and the original certificates

         should be released in favour of the petitioner is the contention of

         the learned Advocate for the petitioner.

                        9. The respondent Union of India through NBEMS

         has ensured filing of the counter affidavit. The concerned

         respondent has taken note of communication made by the

         Darbhanga Medical College, Laheriasarai informing him that at

         the time of joining of a candidate there was no service bond for

         DNB/Diploma Course candidates. In the light of the aforesaid
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         facts, the NBEMS has instructed the training institute; i.e.

         Darbhanga Medical College that the candidate cannot be forced

         to deposit a bond. The letter dated 21.03.2022 issued by the

         NBEMS has been placed on record.

                        10. On the other hand, Ms. Vartika K. Kashyap,

         learned Advocate for the State has submitted that the State

         Government has taken a policy decision through Departmental

         Resolution No. 450(1) dated 15.04.2017 as well as its

         corrigendum Letter No. 479(1) dated 26.04.2017 to implement

         the bond system for taking three years compulsory service in the

         State of Bihar from passing Post Graduate candidates of the

         State Medical Colleges and in case of not extending the

         compulsory service, the candidates            are liable to pay

         Rs.25,00,000/- (Twenty five lac) along with entire salary paid as

         one lump sum amount. The aforesaid policy decision has been

         taken on account of compelling circumstances, as several

         students used to leave their courses midway after taking

         admission in PG course/Post Diploma Course resulting into

         abrupt vacancy of the seats in the subjects and also led to

         paucity of Specialist Doctor in the State. In the light of the

         aforesaid resolution, the petitioner with the open eyes filled up

         the bond papers at the time of taking admission and thus the
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         petitioner cannot be allowed to turn around and challenge the

         conditions. Hence, the claim of the petitioner has rightly been

         rejected by the respondent no.2.

                        11. Besides the aforesaid submission, it is also

         submitted that the claim of the petitioner is also barred by the

         principles of estoppel, since the petitioner having fully

         aware/conscious of the terms and conditions of the bond, in

         question executed the same, while taking admission in the Post

         Diploma DNB Course. In the aforesaid premise, M/s Kashyap,

         learned Advocate for the State prays for dismissal of the writ

         petition.

                        12. Before dealing with the issue raised in the case

         at hand as to whether the petitioner, who had successfully

         completed the Post Diploma DNB Course is to undergo

         mandatory service bond only or; in his case there is any

         application of Government Resolution No. 450(1) dated

         15.04.2017 read with corrigendum Letter No. 479(1) dated

         26.04.2017 and as to whether the impugned order is legal or

         valid, it would be apt and proper to give an outline or

         conspectus of the issue.

                        13. It would be worth benefitting to take note of the

         decision rendered by the Apex Court in the case of Association
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         of Medical Super Speciality Aspirants & Residents & Ors. Vs.

         Union of India & Ors., reported in, (2019) 8 SCC 607. The

         controversy in the batch of the aforenoted cases was pertaining

         to the compulsory bonds to be executed for admission to

         postgraduate medical courses and super speciality courses.

                        14. The Notifications issued by the Department of

         Health and Family Welfare, Government of West Bengal

         imposing the condition of execution of compulsory bond at the

         time of admission to postgraduate courses and superspeciality

         courses were challenged in the High Court of Calcutta. By the

         notification, in question, the candidates who have completed

         postgraduate degrees/Superspeciality, they were directed to

         serve the State Government for a period of three years after

         successful completion of the courses, failing which they were

         directed to recompensate the State Government and a penalty

         amount of Rs 10 lakhs was to be paid. The said notification was

         modified and the condition pertaining to one year was increased

         to three years, besides the compensation was enhanced to

         Rs.30,00,000/- (Thirty lac). The learned Single Judge of the

         Calcutta High Court upheld the earlier notification dated

         31.07.2013, however, the subsequent Notification dated

         10.06.2014 was held to be arbitrary and unreasonable.
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                         15. On challenge, the learned Division Bench of

         Calcutta High Court held that both the Notifications dated

         31.07.2013 and 10.06.2014 are neither unreasonable nor

         arbitrary and thus set aside the judgment of the learned Single

         Judge insofar as it related to the Notification dated 10.06.2014

         being quashed.

                         16. The Apex Court while parting with the case

         intrinsically     dealt    with     various   issues,   inter   alia,   the

         competence/jurisdiction of the State Government and held that

         the States are free to legislate on the subject-matter of medical

         bonds. Executive authority of the State Government is co-

         extensive with that of the legislative power of the State

         Legislature. Even in the absence of any legislation, the State

         Government has the competence to issue executive orders under

         Article 162 of the Constitution on matters over which the State

         Legislature has the power to legislate. The Court held that the

         policy decision taken by the State Governments to utilize the

         services of doctors who were beneficiaries of government

         assistance to complete their education cannot be termed

         arbitrary. The notifications issued by the State Governments

         imposing a condition of compulsory service and a default clause

         are per se not unreasonable. The Court further held that the
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         government hospitals run by the State and the Medical Officers

         employed therein are duty bound to extend medical assistance

         for preserving human life. Failure on the part of a government

         hospital to provide timely medical treatment to a person in need

         of such treatment results in violation of his right guaranteed

         under Article 21 of the Constitution. The Government has a

         constitutional obligation to preserve human life. Good health of

         its citizen is its primary duty. The Government incurs huge

         expenditure in Government Medical Colleges, where fees

         charged from the students is meager and there is scarcity of the

         Super Speciality in the State. While balancing communitarian

         dignity vis-à-vis the dignity of private individuals, the scales

         must tilt in favour of communitarian dignity. Compulsory

         service bonds is to protect the fundamental right of the deprived

         sections of the society guaranteed to them. Objective of said

         policy to provide compulsory service bonds is to ensure that

         specialist healthcare is extended to have-nots also.      In no

         circumstances compulsory employment for public purpose

         would amount of involuntary servitude.

                        17. The Apex Court further crystallized that the

         appellants who are required to work for a short period on a

         decent stipend cannot complain that they are made to perform
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         “forced labour”, especially after the appellants have taken an

         informed decision to avail the benefits of admission in

         government medical colleges and received subsidised education.

         By no means, the service rendered by the appellants in

         government hospitals would fall under the expression of “forced

         labour”.

                        18. With the aforesaid observation, the Apex Court

         finally held that the conditions of compulsory bonds for

         admission to postgraduate and superspeciality courses in

         government medical colleges are not in violation of Section 27

         of the Contract Act, 1872 and accordingly dismissed the writ

         petitions/Civil Appeals with a direction to all the doctors who

         have executed compulsory bonds that they shall be bound by the

         conditions contained therein. However, the Apex Court further

         observed that certain State Governments have rigid conditions

         in the compulsory bonds to be executed by the appellants and

         felt need of uniformity in the matter pertaining to the

         compulsory bonds; hence suggested that suitable steps be taken

         by the Union of India.

                        19. Now coming to the case at hand, in order to

         answer the issue as to whether the Government Resolution No.

         450(1) dated 15.04.2017 read with Corrigendum Letter No.
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         479(1) dated 26.04.2017 is applicable to the case of the

         petitioner, it is pertinent to observe that the National Board of

         Examinations in Medical Sciences (NBEMS) is an autonomous

         body under the Ministry of Health and Family Welfare,

         Government of India, and established in 1975 to standardizing

         postgraduate medical education and examination in India. The

         postgraduate degree awarded by the NBEMS is called the

         Diplomate of National Board (DNB) for specialty and Doctorate

         of National Board for superspecialty. The NBEMS has no

         concern with the subject matter of Medical bonds and it is the

         State Government, who are free to legislate on this subject

         matter. The Apex Court in the case of Association of Medical

         Super Speciality Aspirants & Residents (supra) has crystallized

         the aforesaid issue and held that the States are free to legislate

         on the subject-matter of medical bonds. In absence of any

         legislation, the State Government has competence to issue

         executive orders under Article 162 of the Constitution on

         matters over which the State Legislature has the power to

         legislate. In exercise of power under Article 162 of the

         Constitution of India, the Government of Bihar in the

         Department of Health by the order of the Governor has come

         out with Resolution No. 450(1) dated 15.04.2017 issued in
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         relation to implement service bonds executed by the candidates

         of P.G. courses. Bare reading of the Resolution dated

         15.04.2017 as well as Corrigendum Letter No. 479(1) dated

         26.04.2017 it is manifest that a candidate, who had successfully

         completed the Post Graduate Course shall be bound to undergo

         mandatory service bond and render services under the

         Government for three years, failing which they will have to

         return Rs.25,00,000/- and the stipend/salary, which have been

         received during the training course. It is also clarified that till

         such period their certificates/testimonials deposited at the time

         of admission shall be kept in the Medical College.

                        20. The contention of the learned Advocate for the

         petitioner that both the letters do not talk about the Post

         Diploma (DNB) course and, as such, the same would not be

         applicable in the case of the petitioner, in the opinion of this

         Court is wholly misconceived and not acceptable.

                        21. Post Diploma DNB course is a recognized Post

         Graduate level Medical qualification in India considered

         equivalent to MD/MS Degree for all practical and academic

         purposes. Since both the resolutions and its corrigendum

         categorically talk about all the candidates, who have taken

         admission in the PG Course in the Medical College of the State
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         Government and that arrangement shall be made applicable with

         effect from Sessions 2017-18 and there is no hesitation to hold

         that the same would also be applicable to the candidates of the

         Post Diploma DNB Course, which is obviously a recognized

         Post-Graduate level Medical qualification. Since the petitioner

         after being qualified successfully took admission in the

         department of Dermatology at Darbhanga Medical College in

         Post Diploma DNB course for the Sessions 2021-23, the

         aforenoted resolution would certainly be applicable in the case

         of the petitioner.

                        22. The Court further cannot lose sight of the fact

         that at the time of taking admission in the Post Diploma DNB

         course, he has duly filled up the bond paper and executed the

         same with an undertaking that after completion of Post Graduate

         course, he shall serve under the Bihar State Health Services/

         Bihar Government for a period of three years, if he fails to serve

         the Bihar State Health Services/Bihar Government for a period of

         three years, he will be liable to pay Rs.25,00,000/- bond amount

         along with the salary/stipend amount paid to him. The copy of the

         bond is also marked as Annexure-R-7/C. The petitioner having

         taken a conscious decision availing the benefit of admission in

         Government Medical College and received subsidized education
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         now cannot be allowed to turn around and challenge the same,

         after completion of the course/training successfully.

                        23. Coming to the next contention of the petitioner

         that after the impugned order dated 16.08.2024, having been

         passed by the respondent no.2, the Health Department became

         wise enough and issued Notification No. 640(1) dated

         24.09.2024 clarifying the position that the course offered under

         DNB cluster such as Post MBBS DNB, Post Diploma DNB and

         Post MBBS Diploma, the bond will be applicable in terms of the

         aforenoted departmental resolution; hence the notification

         would not apply retrospectively to the course conducted by the

         petitioner for the Sessions 2021-23, does not find merit

         consideration, as the notification dated 24.09.2024 is only

         clarificatory in nature, which made it clear that the Resolution

         No. 450(1) dated 15.04.2017 as well as Corrigendum Letter No.

         479(1) dated 26.04.2017 and Resolution No. 278(1) dated

         27.02.2019 stipulating the bond arrangement shall be applicable

         to the candidate of DNB Diploma Course, including Post MBBS

         DNB, Post Diploma DNB and Post MBBS Diploma of all the

         Government Medical Colleges, superspeciality and sadar

         hospitals, besides the remaining Medical Institutions, who

         would get further accreditation for the afore noted courses.
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                        24. Before parting with the case, it would be also

         pertinent to remind the observation of the Apex Court in the

         case of Association of Medical Super Speciality Aspirants &

         Residents (supra) where the Apex Court emphasized that it is

         for the State to secure health to its citizens as its primary duty.

         No doubt the Government is rendering this obligation by

         opening government hospitals and health centres, but in order to

         make it meaningful, it has to be within the reach of its people, as

         far as possible, to reduce the queue of waiting lists, and it has to

         provide all facilities to employ best of talents and tone up its

         administration to give effective contribution, which is also the

         duty of the Government. The laudable objective with which the

         State Governments have introduced compulsory service bonds

         is to protect the fundamental right of the deprived sections of

         the society guaranteed to them under Article 21 of the

         Constitution of India.

                        25. The Court underscored that a contract entered

         into by Post Graduate Trainee to serve the Government for a

         few years under reasonable terms cannot be described as

         arbitrary and in violation of Section 27 of the Contract Act,

         1872. However, the Court finally urged and felt the need of

         uniformity in the matter pertaining to the compulsory bonds and
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                      thus suggested that suitable steps should be taken by the Union

                      of India and the Medical Council of India to have a uniform

                      policy regarding the compulsory service to be rendered by the

                      doctors who are trained in government institutions.

                                     26. In view of the aforesaid position of law, as

                      discussed hereinabove and ruled by the Apex Court, this Court

                      does not find any merit in the writ petition.

                                     27. Accordingly, the same stands dismissed.

                      However, there shall be no order as to cost.



                                                  (Harish Kumar, J)

uday/-
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          16.01.2026
Transmission Date       NA