Dr. Divya Menon vs The State Of Madhya Pradesh
2021 Latest Caselaw 8568 MP

                                            1                            WP-21995-2021
         The High Court Of Madhya Pradesh
                  WP No. 21995 of 2021
             (DR. DIVYA MENON Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Indore, Dated : 09-12-2021
       Shri Lokesh Mehta, learned counsel for the petitioner.

       Shri Chetan Jain, learned Panel Advocate for respondents/State.

Heard on the question of admission.

The petitioner has filed the present petition being aggrieved by order dated 6.9.2021 whereby the Chief Executive Officer & Principal of Govt. Autonomous College of Dentistry, Indore has directed her to give a Bank Guarantee of

Rs.50,00,000/- apart from an undertaking to give 5 years service in the College.

The petitioner is aggrieved by the condition of submitting the Bank Guarantee of Rs.50,00,000/-. The petitioner has placed reliance over the judgment of the Division Bench of this Court in the case of Dr. Smt. Neelam Vijayvargiya V/s. State of M.P. & others (W.P. No.8270/2015 in which similar type of condition has been quashed. Thereafter, in various cases, this Court has set aside such type of arbitrary condition. The copy of all such orders have been filed as Annexure P/8, P/9 and P/14.

In view of the above, this petition is disposed of. The order passed in the case of Dr. Smt. Neelam Vijayvargiya (supra) shall apply mutatis mutandis to the case of present petitioner also. The respondents are directed to pass an appropriate order in

the matter of grant of study leave by treating the petitioner at par with Dr. Smt. Neelam Vijayvargiya and Dr. Manish Verma. The exercise of passing necessary orders be concluded within a period of ten days from today and the respondents shall also release the salary of the petitioner within the aforesaid period.

With the aforesaid, this petition is disposed of.

                                                                   (VIVEK RUSIA)
                                                                       JUDGE
Alok    Digitally signed by ALOK
        GARGAV
        Date: 2021.12.09 18:33:49 +05'30'