Govt CANNOT Retain Medical Degrees of Doctors for violation of Bond Service: Delhi HC

In response the counsel for the government submitted that the doctors had admittedly violated the terms of the surety bond, whereby they had agreed to serve the Respondent Nos. 1 and 2 as SSC Officers for a period of five years, they cannot now seek release of the original documents without paying the requisite bond amount of Rs.25,00,000/-. Further while undergoing the said course, the doctors have been paid a sum of Rs.27,00,000/- by way of stipend and, therefore, contends that there is no justification on their part to demand the release of their original documents without paying the agreed sum of Rs.25,00,000/-, especially when they have received a sum of Rs.27,00,000/- each from the hospital, themselves by way of stipend.

While refuting the submissions of the doctors, that they had been coerced into executing the said surety bond, the counsel further submitted that the petitioners had willingly taken admission in the institutes run by the Respondent Nos. 1 and 2 as they are very prestigious medical institutions

After going through all the submissions Justice Rekha Palli held that,

“The Centre was free to take any steps to recover an amount for the violation of the bond signed by the students but it could not keep the original degrees submitted by them at the time of admission.”

She added that the decision of ‘retaining the documents’ was arbitrary and illegal.

“....in my considered opinion, Centre and Armed Forces Medical Services cannot, by way of ransom, retain the said documents. Even though they may be free to initiate steps to recover the said amount in accordance with law, the action to retain the said documents in the absence of any condition in the bond is wholly arbitrary, illegal,”

The court then directed the Centre and AFMC to immediately release the original documents of the petitioners. However, it added that they would be at liberty to take appropriate steps in accordance with law to recover the aforesaid amount with interest. The court also adviced the government and AFMC to amend their agreements to incorporate, in case they so desire, the appropriate condition for retaining of the said documents.