3 years Service Bond not applicable on doctors already employed under Central Govt, Holds High Court

Patna: While considering a plea challenging the postgraduate bond service conditions in State-run medical colleges, the Patna High Court on Wednesday clarified that the three years service bond would not be applicable for those who are already working in the Central Government departments, its corporations or other authorities. 

The mandatory bond conditions would not bind such doctors even if they had been admitted under the State quota seats after clearing the National Eligibility-cum-Entrance Test (NEET).

With these observations, the HC single judge bench comprising Justice Sanjeev Prakash Sharma directed the authorities for releasing the educational documents of the petitioners and disposed of the petitions.

One of the petitioners in this case was Dr. Santosh Kumar, who is working as the Chief Medical Officer at ESIC Medical College and Hospital, Bihta. He approached the court because his documents have been retained by the Patna Medical College Hospital (PMCH) against the bond conditions executed at the time of admission into two-year PG diploma course in ophthalmology. He pursued the course at PMCH between 2019 and 2021.

As a result, in spite of being selected for DNB course in ophthalmology at ESIC Model Hospital, Noida, Uttar Pradesh, he was facing troubles to join the course because PMCH withheld his documents.

Therefore, Dr. Kumar had approached the Court challenging the condition imposed by Bihar Government for executing the bond of serving it for three years or pay Rs 25 lakh.

It was argued by the petitioners that they had been admitted under the in-service quota while working in the Central government or its other authorities or corporations like SAIL, ESIC and CGHS (Central Government Health Scheme). The doctors submitted that at the time of joining the course they had obtained study leave from their employer on the condition that they would return to their respective organisations after completing their studies.

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With this argument, Dr. Kumar was quoted stating by Hindustan Times, "The Bihar government's policy is flawed. It expects candidates working in central government or its PSUs and taking admission in its medical colleges on PG seats under state quota to quit their regular job and serve a service bond of three years in Bihar, with no guarantee of employment after completion of the bond period."

Taking note of the submissions, the HC bench noted that while the State had the authority to put a condition or bond to the State quota PG medical students and ask them to join government service after completion of the course, "However, such service would be with respect to the same organisation where they were working prior to joining the PG course."

Therefore, clarifying that the bond conditions would not bind the doctors employed in the Central Government departments, its corporations or other authorities, the High Court directed the officials to release the educational documents of the petitioner doctors.

While commenting on this, Prabhakar Singh, an advocate for co-petitioners in a similar case told HT, "As many as 20-25 such candidates had filed separate petitions in the HC in this regard. The order will affect all of them working in the Central government or its undertakings."

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