Dr. Chaitnya Subhash Kulkarni vs The State Of Madhya Pradesh
2023 Latest Caselaw 960 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                             WP No. 1186 of 2023
     (DR. CHAITNYA SUBHASH KULKARNI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 16-01-2023
      Shri Saurabh Sunder - Advocate for the petitioner.

      Shri Girish Kekre - Government Advocate for the respondents/State.

Heard on the question of admission as well as on interim relief. By the instant petition filed under Article 226 of the Constitution of India, the petitioner is raising grievance with regard to inaction on the part of

respondents/authorities whereby they are not accepting his resignation from the post of Assistant Professor in Department of Nephrology.

Learned counsel for the petitioner submits that the authorities are not accepting the petitioner's resignation from the said post taking a plea that as per a condition contained in his order of appointment, he has executed a bond and according to said bond, the petitioner has to work minimum for a period of three years in the department, failing which, salary for a period of one year will have to be deposited by him. He submits that the said condition is not applicable upon the petitioner for the reason that in pursuance to the said

condition, no bond has ever been executed by the petitioner. In support of his contention, learned counsel for the petitioner has placed reliance upon a judgment of Supreme Court reported in (2019) 8 SCC 607 [Association of Medical Superspeciality Aspirants and Residents and others Vs. Union of India and others].

In view of the above, let notice be issued to the respondents on payment of process fee within a period of three working days by RAD mode, returnable within four weeks.

List this case in the week commencing 13.02.2023. In the meantime, the respondents/authorities are directed not to take any coercive action against the petitioner. The respondents/authorities are also directed to supply the original documents of the petitioner to him which according to learned counsel for the petitioner are available with them.

Certified copy as per rules.

SANJAY DWIVEDI) JUDGE Devashish

DEVASHISH MISHRA 2023.01.17 10:41:52 +05'30'