$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010576282024 + W.P.(C) 12370/2024 HARSHITA SINGH ....Petitioner Through: Mr. Dev Rishi, Mr. Amarjeet Singh & Ms. Tanisha Tyagi, Advs. versus EMPLOYEES STATE INSURANCE CORPORATION DENTAL COLLEGE AND HOSPITAL & ORS. .....Respondents Through: Mr. Shlok Chandra, Adv., Mr Parikshit Singh Bhati, Adv., and Ms Lolita Crasta, Adv. Mr. Vikrant Nilesh Goyal, Mr. Inderpreet Singh, Mr. Kunal Dixit, Advs. for R3 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 05.08.2026 1. This is a writ petition filed under Articles 226 and 227 of the Constitution of India seeking the following prayers: - “A. Issue a Writ, Order or Direction in the nature of Mandamus or any other appropriate writ, order, or direction quashing the Office Order bearing No.06/2024 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:43:21 (File No.115-Z- 11/15/Misc.Corresp./2023/Univ.DC dated 11.01.2024) issued by Respondent No.1/ Dental College qua the Petitioner; B. Issue a Writ, Order or Direction in the nature of Mandamus or any other appropriate writ, order, or direction to Respondent No.1 / Dental College to the effect that the BOND dated 01.10.2023 became frustrated after 5 years and 3 months from the date of completion of the B.D.S. program and the Petitioner cannot be forced to comply with the terms and conditions of a frustrated BOND; C. Issue a Writ, Order or Direction in the nature of Mandamus or any other appropriate writ, order or direction to the Respondent No.1/ Dental College to refund the amount of Rs.7,50,000 (Rs. Seven Lakh and Fifty Thounsand) deposited under protest to the Petitioner along with interest; D. Issue a Writ, Order or Direction to the Respondent No.1/ Dental College to pay damages for causing mental agony and harassment by not deploying the Petitioner for more than 5 years after the completion of the B.D.S. programme. ...” 2. The brief facts of the case are that the petitioner cleared National Eligibility cum Entrance Test and secured admission in BDS programme of the Respondent No. 1/Dental College for the period from September, 2013 to September, 2018. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:43:21 3. At the time of admission, the petitioner executed a bond undertaking that after successful completion of the programme, the petitioner would serve for a period of 5 years as required/ directed by respondent No. 1 Dental College, and for violation would pay a sum of Rs. 7.5 lakhs. 4. The petitioner completed her BDS programme on 19.09.2018 and became eligible to honour the bond executed on 01.10.2014. 5. On 28.07.2020, the respondent No. 1 revised the terms and conditions of the bond in respect of all under-graduate BDS students of the respondent No. 1, contemplating that the compulsory period of service would be reduced from five years to one year and that the penalty provision was reduced from Rs. 7.5 lakhs to Rs. 5 lakhs. 6. Subsequently, the petitioner participated in UPSC and cleared her UPSC examination. 7. Since the petitioner was not receiving her original degree certificates and due to respondent No. 1 denying to supply her with her original degree certificates without honouring the terms of the bond, the petitioner, without prejudice to her rights, deposited Rs. 7.5 lakhs with respondent No. 1, and is seeking refund of the same in the present petition. 8. My attention has been drawn to the office order No. 6/2024 dated 11.01.2024 which reads as under:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:43:21 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:43:21 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:43:21 9. A perusal of the said order also shows that the bond tenure of the petitioner was reduced to 1 year and the bond amount reduced to Rs. 5,00,000/-. 10. Mr. Dev Rishi, learned counsel for the petitioner, has relied on the judgment of the Hon’ble Division Bench of the Madras High Court passed in WA No. 799/2019 to urge that in case no offer is made by the respondent for utilising the services of the petitioner, the same cannot be done beyond the bond period. 11. The said judgment is distinguishable as, in that case the bond itself, mandated that the authority will requisition the services within a period of 2 years from the date of completion of the MD Course. The condition reads as under:- “During the above period, the party of the FIRST PART (For Non Service Candidates) shall be paid stipend and the Government of Tamil Nadu will requisition their services, if required, within a period of 2 years from the date of completion of the MD PSYCHIATRY course.” 12. The same is not the case here and the petitioner’s argument that her service cannot be requisitioned 5 years after the completion of her degree is untenable given the contractual obligations arising out of the petitioner’s bond. The petitioner has not served any bond tenure with the respondent No. 1 and therefore the bond amount must be paid. 13. Nonetheless, once the office order itself mandates the bond tenure for 1 year or penalty amount of Rs. 5 lakhs for failure to serve for 1 year, I am of the view that the petitioner cannot be burdened with the original penalty amount of Rs. 7.5 lakhs. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:43:21 14. The petitioner will complete the necessary formalities including signing of a new bond containing the revised bond conditions. 15. For the said reasons, the petition is disposed of directing that the petitioner is entitled to a refund of the excess amount of Rs. 2.5 lakhs. The remaining amount of Rs. 5 lakhs will be retained by respondent No. 1. 16. In view of the above, the petition stands disposed of. JASMEET SINGH, J AUGUST 5, 2026/SP&AS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:43:21