Citation : 2026 Latest Caselaw 733 Patna
Judgement Date : 17 March, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3871 of 2026
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1. Dr. Amit Chaitanya Son of Kameshwar Prasad Vidyarthi, Resident of Flat
No. 404, Govind Tower, Harihar Singh Road, Morabadi, Police Station-
Bariatu, Post Office - Bariatu, Ranchi, Jharkhand, PIN- 834009.
2. Dr. Anil Kumar, Son of Sheo Sharan Choudhary, Ward no. 05, Hospital
Colony, Sakti (M), Police Station- Shakti, Post Office- Shakti, Janjgir-
Champa, Chhattisgarh, PIN- 495689.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Health Department, Government
of Bihar, Vikas Bhawan, New Secretariat, Patna.
2. The Secretary, Health Department, Government of Bihar, Vikas Bhawan,
New Secretariat, Patna.
3. The Joint Secretary, Health Department, Government of Bihar, Vikas
Bhawan, New Secretariat, Patna.
4. The Officer on Special Duty, Health Department, Government of Bihar,
Vikas Bhawan, New Secretariat, Patna.
5. The Principal, Patna Medical College and Hospital, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar
For the Respondent/s : Mr.Government Advocate (10)
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 17-03-2026
Heard the parties.
2. The present writ petition has been filed for the
following reliefs:-
"I. For release of all the original
certificates/educational documents which the
petitioners have submitted at the time of
taking admission in the NEET 2022 PG
course/Diploma course (MD
Anaesthesiology).
Patna High Court CWJC No.3871 of 2026 dt.17-03-2026
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II. For direction(s) upon the respondent to
discharge the petitioners from submitting the
bond amount which they have executed at
the time of taking admission.
III. For any order directions(s), order(s),
relief(s) or consequential relief(s) to which
the petitioners may be found entitled to in
the facts and circumstances of this case."
3. The brief facts giving rise to the present writ
petition is that the petitioner No. 01 while working on the post
of Assistant Professor, PMR Department at RIMS, Ranchi,
qualified NEET P.G. examination and was allotted M.D.
Anaesthesiology at Patna Medical College and Hospital at
Patna. Similarly, the petitioner No. 02 while working on the post
of Medical Officer, Community Health Centre, Shakti, Chanpa,
Government of Chhattisgarh, qualified the NEET P.G.
examination and was allotted, MD Anaesthesiology course at
PMCH, Patna. Pursuant thereto both the petitioners took
admission and executed a bond, as per the policy of the State
Government, that after obtaining the post-graduate degree, they
will serve in the State of Bihar for three years or will pay Rs. 25
Lakhs for not serving the State of Bihar, after obtaining the
degree.
4. The Learned counsel for the petitioners submits
Patna High Court CWJC No.3871 of 2026 dt.17-03-2026
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that both the petitioners successfully completed their respective
post-graduate courses and requested the authorities concerned
for grant of their respective original certificates/educational
documents, which the petitioners have submitted at the time of
taking admission in the NEET P.G. course and the no dues
certificate by the Patna Medical College Hospital, Patna.
5. The learned counsel for the petitioners submits
that in similar circumstances similarly situated persons
approached this Court by filing C.W.J.C. No. 20553 of 2021
(Dr. Ranjeet Kumar & Ors Vs. The State of Bihar & Ors) . The
said writ petition was heard by a Co-ordinate Bench of this
Court and vide order dated 16.11.2022, the learned Single
Judge, after considering all the relevant circulars of the State
Government issued from time to time, in paragraph no. 12 held
as follows:-
"12. So far as the specific prayer made by
petitioner no. 3 in the interlocutory
application is concerned, keeping the view
what has been stated above, since the
petitioner no. 3 has completed his course
and has also submitted a bond along with
other petitioners, his original documents
shall be released for the purpose of further
studies after he has completed his PG
course by the respondent no. 4. It is made
Patna High Court CWJC No.3871 of 2026 dt.17-03-2026
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clear that the petitioner no. 3 would be
allowed to produce those documents before
the concerned hospital for the purpose of
joining DNB course. It is also made clear
that all the petitioners would have to submit
their joining to their respective
organizations. Their joining report shall be
made available to the Government of Bihar
for the purpose of satisfying the condition
of bond. If such document is produced
before the Government of Bihar, the
Government of Bihar shall not take any
further steps for forfeiture of the bond
amount."
6. The learned counsel for the petitioners further
submits that two other similarly situated persons filed C.W.J.C.
No. 12658 of 2023 (Dr. Amrendra Kumar & Another Vs. The
State of Bihar and Ors) . The said writ petition was heard by a
Co-ordinate Bench of this Court on 26.02.2024 whereby the
learned Single Judge in paragraph nos. 06 and 07 has held as
follows:-
"6. I have heard the learned counsel for the
parties and perused the materials on
record. This Court had put a query to the
learned counsel appearing for the
respondents as to whether the aforesaid
Judgment dated 16.11.2022, passed in the
Patna High Court CWJC No.3871 of 2026 dt.17-03-2026
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case of Dr. Ranjeet Kumar (supra) has
been challenged, to which the answer is in
the negative and it has been instead
submitted that the certificates of the said
writ petitioners have already been returned
back, hence similar treatment can be
extended to the present petitioners.
7 Having regard to the law laid down by a
co-ordinate Bench of this Court in the case
of Dr. Ranjeet Kumar (supra) to the effect
that the condition of bond and the
Government resolution dated 27.02 2019
have to be read down to mean that the
candidate, who is admitted under the State
quota, shall serve the respective
Governments, whether it be the State
Government or the Central Government or
for that matter the instrumentalities of the
State, after completing the PG Course, for
three years, this Court also deems it fit and
proper to direct the respondents to extend
similar benefit to the petitioners inasmuch
as the petitioner No 1 is working with SAIL
and has also joined his job as a Doctor at
SAIL after completing his PG medical
Course, while the petitioner no 2 is working
with the Indian Railways and she has also
joined back her posting as a Doctor at
Indian Railways after completing the PG
Medical Course, both organizations being
Patna High Court CWJC No.3871 of 2026 dt.17-03-2026
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instrumentality of the Central
Government/Central Government
organizations. Consequently, the
respondent no 4 is directed to release the
original documents certificates of the
petitioners, subject to the petitioners
producing certificate from their principal
employer, i.e. SAIL/Indian Railways and
further executing a bond that they would be
working for three years, starting from
completion of the PG Medical Courses,
with SAIL/Indian Railways."
7. The learned counsel for the petitioners further
submits that two other similarly situated persons filed C.W.J.C.
No. 18520 of 2024 ( Dr. Satish Kumar & Anr Vs. The State of
Bihar & Ors) and the same was heard by a Co-ordinate Bench
of this Court and the learned Single Judge vide order dated
05.12.2024
directed the authorities concerned to dispose of the
representation of the petitioner by giving reason. In compliance
of the order dated 16.11.2022 passed in C.W.J.C. No. 20553 of
2021, order dated 26.02.2024 passed in C.W.J.C. No. 12658 of
2023, and order dated 05.12.2024 passed in C.W.J.C. No. 18520
of 2024, the respective petitioners have already been given/
returned their original certificates/educational
documents/testimonials and the no dues certificate by the Patna High Court CWJC No.3871 of 2026 dt.17-03-2026
concerned respondent-authorities.
8. The leaned counsel for the State does not dispute
the said legal position as emerges from the orders mentioned
above.
9. In view of the above, the respondent no. 05 is
directed to release the original documents/certificates/
educational testimonials and to give no dues certificate to the
petitioners, subject to the petitioners producing certificate from
their principal employer i.e. the authorities concerned of the
RIMS, Ranchi and the authorities of the Community Health
Centre, Shakti, Chanpa Government of Chhattisgarh/the
authorities concerned of the Health Department, Government of
Chhattisgarh and further executing a bond that they would be
working for three years, starting from completion of the P.G.
Medical course with RIMS, Ranchi/Community Health Centre,
Shakti, Chanpa Government of Chhattisgarh/ Health
Department, Government of Chhattisgarh.
10. The petitioners will produce the requisite
documents/ Bond within a period of four weeks and on
production thereof, the respondent no. 05 shall verify the same
and release the document/certificates/educational testimonials
and the no dues certificates, forthwith without any delay.
Patna High Court CWJC No.3871 of 2026 dt.17-03-2026
11. The present writ petition is disposed of in the
aforementioned terms.
(Ritesh Kumar, J) krishnakant/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 21.03.2026 Transmission Date NA
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