Full course fee, ineligible for next 3 years for PG Degree, 2 years for Diploma: HC seeks state's response on double punishment for leaving PG seat

Indore: While considering a plea that challenged the State's rule over leaving a postgraduate medical course, the Indore bench of the Madhya Pradesh High Court has sought responses from the State Government and the Medical Education Department.

Filing the plea, a doctor challenged Rule 12 of Madhya Pradesh Private Medical and Dental Post Graduate Course Admission Rules, 2017, which imposes double punishment on a student for leaving a PG medical seat.

As per the rules, a student has to pay the tuition fee for the whole course in order to be eligible to leave the seat and get back the original documents. However, the rules also specify that after resigning from a PG medical seat, the concerned student becomes ineligible for the next three years to get admitted to a PG medical course and for two years to get admitted to the PG Diploma course.

Issuing notices in the matter, the HC bench comprising Justice SA Dharmadhikari and Justice Pranay Verma has listed the matter for further hearing on December 15.

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The matter concerned the petitioner who was admitted to RD Gardi Medical College, Ujjain. Last year, the petitioner doctor got admitted to MS (obstetrics and gynaecology) course as a general female candidate under the NRI Quota seat.

However, later she had to resign from the concerned course because of special circumstances in her life and now the Madhya Pradesh medical education rule of double punishment, which has been challenged, is affecting the career of the petitioner.

As per the latest media report by the Times of India, the counsel for the petitioner doctor, Advocate Aditya Sanghi challenged the concerned Rule on the ground that rule 12(1) already enforces a monetary penalty for resigning from a PG medical seat. As per the rule, the concerned student needs to deposit the tuition fee for the whole course in the institute and only after that the concerned student gets back his/her original documents.

Referring to this, Advocate Sanghi argued that there cannot be another punishment making the students ineligible for the next three years for admission in the PG seat or in the case of the PG Diploma for two years from the date of resignation.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/mp-high-court-order-225975.pdf

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