Medical College Should be Welfare State: Gujarat HC over Bond Amount Dispute

Published On 2021-11-16 09:12 GMT   |   Update On 2021-11-16 09:12 GMT

Ahmedabad: Observing that a medical college, being a welfare state, should rise over petty dispute, the Gujarat High Court bench comprising of Chief Justice Aravind Kumar slammed the GMERS Himmatnagar for withholding the documents of a student over non-payment of the bond amount.

The father of the student had appealed for the interference of the court after the essential documents of the student were withheld by the institute as the student had neither served in the rural areas nor paid the bond amount to the college.

However, withholding of the essential documents was barring the student to pursue further education abroad.

Medical Dialogues had earlier reported that the MBBS graduate of GMERS (2015 batch) had approached the division bench of Gujarat High Court after the single judge bench had denied interfering with the Government's insistence over recovering the bond amount.

At that time, even though the single judge bench comprising of Justice Karia had directed the Government to return the documents, it had also detested the practice adopted by few medical students who choose not to serve in the rural areas after completing their studies and move abroad instead.

"It was a pious duty on part of the student to render service to the government, to pay back the obligation he has undertaken by paying back to the society or to pay the money for not rendering his services in order to pursue his education abroad. By taking advantage of education facility available in the country and then fleeing abroad without rendering any service to this country is deprecated," the bench had noted at that time.

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Citing a Supreme Court order, the High Court bench had clarified that rendering services to the Government after the completion of the MBBS course was not unreasonable. In fact, the petitioner's contention that the student had studied from a private medical college was not a ground for escaping rural service, the court had opined.

Denying believing the fact that the student was unaware of the bond condition even after studying for five years, the bench was also against interfering with the Government's decision over the bond and the bench had clarified that the government was entitled to recover Rs 2 lakh for the same.

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Aggrieved by such a decision of the single-judge bench the student and his father had approached the division bench and they had argued that as the student had never submitted the bond he was not bound to discharge any obligation for the same.

Although the division bench had issued notice to the State regarding the matter, noting that the issue involves the payment of the bond amount, which the student is unwilling to pay, the bench had observed, "You are a doctor who has studied in a government medical college through a quota seat. This court has consistently taken the view that MBBS doctor, who got admitted to the said courses are bound by duty to serve in rural areas."

Also Read: MBBS grad seeks relief on Bond amount, HC issues notice to state

As per the latest media report by Indian Express, while considering the petition, the High Court division bench comprising of Chief Justice Aravind Kumar observed that the medical college should "rise above such petty dispute" and "should be a welfare state."

"You want to scuttle the future of a candidate? Do you know this boy may one day become a Nobel laureate? He may become anything. You should be a welfare state, you are a medical college, (and) you should rise above all this… Suppose we accept all your contentions and direct him to pay the bond amount. He will pay the bond amount, (but) can he get back that one year?" the bench was quoted addressing the counsel representing GMERS.

Responding to this, the college assured the court that the documents withheld by the institute along with the "covering letter" will be submitted before the HC bench after the petitioner pays Rs 3,500.

Also Read: Fleeing from India after MBBS studies without rendering service is deprecated: HC

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