Page No.# 1/6 GAHC010132882018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4059/2018 BADRUL HAQUE S/O. NAZMUL ISLAM, R/O. BISHNUPATTY, P.O. AND P.S. HOJAI, DIST. HOJAI, ASSAM, VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPTT., ASSAM SACHIBALAYA, DISPUR, GUWAHATI 2:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT. ASSAM SACHIBALAYA DISPUR GHY. 3:THE DY. SECRETARY GOVT. OF ASSAM HEALTH AND FAMILY WELFARE DEPTT. ASSAM SACHIBALAYA DISPUR GHY. 4:THE DIRECTOR OF MEDICAL EDUCATION SIXMILE KHANAPARA GUWAHATI Page No.# 2/6 5:THE DIRECTOR OF HEALTH SERVICES HENGRABARI HEALTH COMPLEX HENGRABARI ROAD LICHUBAGAN GUWAHATI 6:THE JOINT DIRECTOR OF HEALTH SERVICES HAILAKANDI HAILAKANDI TOWN HAILAKANDI DISTRICT ASSAM 7:THE DY. SUPERINTENDENT MOHANPUR COMMUNITY HEALTH CENTRE HAILAKANDI DIST. HAILAKAND Advocate for the Petitioner : MR D DAS, MR. A H ALAMGIR Advocate for the Respondent : SC, HEALTH, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24-03-2026 Heard Mr. A.H. Alamgir, learned counsel for the petitioner. Also heard Ms. D. Bora, learned standing counsel, Health & Family Welfare Department, Assam appearing for the respondents. 2. This Court vide order dated 02-02-2026 had noticing the submissions of the learned counsel for the petitioner observed as follows:- “2. The learned counsel for the petitioner has submitted that the petitioner is ready to deposit the Rupees twenty five lakhs, as per the agreement executed by him and also as required under the Assam Medical (Regulation of Admission of Page No.# 3/6 Post Graduate Course) Rules, 2006. 3. The learned counsel for the respondent was required to take instruction on the same and this Court has been informed that certain procedure and documents are required to be submitted before the resignation, along with the money, can be accepted. 4. The petitioner shall approach to the respondent No.5, i.e., the Director of Health Services Hengrabari Health Complex, Hengrabari Road, and also approach to the respondent No. 4, i.e., the Director of Medical Education, Sixmile, Khanapara, Guwahati-781022, which authority has been stated by learned counsel for the respondent would be in a position to guide the petitioner regarding the requirement for acceptance of his resignation and for submission of the amount required under the provision of law on 10th of February, 2026. On the appearance of the petitioner before the concerned authority aforementioned, he shall be guided in regard to the further proceeding to be undertaken. The petitioner may complete the formalities on or before 27th of February, 2026.” 3. Mr. Alamgir, learned counsel for the petitioner submits that the petitioner has not given to him any further instructions in the matter and all his attempts to contact the petitioner had failed. 4. Ms. D. Bora, learned standing counsel, H&FW Department, Assam, on instruction has submitted that the petitioner in terms of the order dated 02-02-2026, has not approached the Director of Medical Education, for further processing of his resignation application and also for deposit of the bond amount. 5. The petitioner who was serving as a Medical & Health Officer-I under the Health & Family Welfare Department, Assam was permitted to admit himself for pursuing a Post Graduate Diploma course in Gynecology, in the Gauhati Medical College & Hospital, against a seat reserved for State doctors. The said admission of the petitioner was to be so governed by the provisions of the Assam Medical College (Regulation of Admission of Page No.# 4/6 Post Graduate Course) Rules, 2006. The petitioner completed his Post Graduate Diploma course and acquired the diploma in the year 2013. 6. The materials brought on record reveal that the petitioner had executed a bond to serve the department for 10 (ten) years or pay an amount of Rs. 25,00,000/- (Twenty Five Lakhs). 7. The petitioner on account of certain family problems, proceeded to submit his resignation letter dated 22-04-2018 and therein, undertook to pay the bond amount of Rs. 25,00,000/-. The petitioner on the date of submission of his resignation letter had not completed 10 years of service after acquiring his diploma qualification. 8. The petitioner in the present writ petition, inter alia, has prayed for a direction upon the respondent authorities for acceptance of his resignation and to waive the bond amount. 9. It is a settled position of law that the petitioner cannot leave his service without his resignation being accepted. The petitioner had further bound himself to serve the department for 10 (ten) years after acquiring his Post Graduate Diploma, the admission to which was facilitated against a seat reserved for State Doctors. The bond executed by the petitioner also stipulates payment of an amount of Rs. 25,00,000/- in the event the petitioner leaves his service prior to completion of a period of 10 years, after acquiring the diploma. 10. The conditions as set out in the bond are binding on the petitioner and the same must necessarily be satisfied by him. The petitioner had in his resignation letter also Page No.# 5/6 undertaken to pay the amount of Rs. 25,00,000/- for leaving his service. The petitioner has, however, not fulfilled the said condition till date. 11. The petitioner having not satisfied the conditions of the bond executed by him, this Court is of the considered view that the resignation submitted by the petitioner would not mandate to be accepted by the respondents. The learned counsel for the parties are also not in a position to apprise this Court as to whether the petitioner after submission of his resignation letter had continued in his services. 12. The departmental authorities have also not taken any action against the petitioner in the matter, in all probability, in view of the observation made vide order dated 20-06- 2018, in the present proceeding restraining the authorities from taking any coercive steps against the petitioner, till the returnable date. The said interim order was, however, was not found to have been extended on the next date of listing of the matter. 13. In view of the above, this Court is of the considered view that the present writ petition pending before this Court since 2018, need not be detained further and can be disposed of with the following directions; (i) The petitioner is directed to approach the Director of Medical Education, Assam and deposit the bond amount of Rs. 25,00,000/- (Rupees Twenty Five Lakhs) within a period of 30 (thirty) days from today. (ii) In the event the petitioner fails to comply with the direction passed, hereinabove, to deposit the bond amount, the respondents are at liberty to institute appropriate proceeding against the petitioner for his such misconduct. The respondents Page No.# 6/6 are also at liberty to recover the bond amount involved from the petitioner along with interest, in accordance with law. 14. With the above observations and directions, the present writ petition stands disposed of. 15. Registry to forward a copy of this order to the petitioner for compliance. Registry to also serve a copy of this order upon Ms. D. Bora, learned standing counsel, Health & Family Welfare Department, Assam for onward transmission to the departmental authorities, for compliance with the directions passed, hereinabove. JUDGE Comparing Assistant