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Dr. Amit Chaitanya vs The State Of Bihar
2026 Latest Caselaw 733 Patna

Citation : 2026 Latest Caselaw 733 Patna
Judgement Date : 17 March, 2026

[Cites 0, Cited by 0]

Patna High Court

Dr. Amit Chaitanya vs The State Of Bihar on 17 March, 2026

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.3871 of 2026
     ======================================================
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
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr.Sanjeet Kumar
     For the Respondent/s   :         Mr.Government Advocate (10)
     ======================================================
     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).
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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
                                           4/8




                                  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
                                           6/8




                                    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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