Bail terms: Doctor accused of cheating in PG medical exams directed to work in Community Health Centre

The High Court bench comprising of Justices Anand Pathak and G.S. Ahluwalia was considering the plea by a doctor, who is pursuing her PG medical education. She had earlier been accused of cheating and forgery in M.P. PMT Examinations 2011 leading towards her admission to a private medical college in Bhopal.

Apprehending arrest, she had approached the High Court seeking an anticipatory bail last year and the court while granting her the bail, had directed, "The petitioner as a Shiksha Swayamsevak shall render physical and financial assistance to government primary school situated nearest to residence of petitioner for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the petitioner."

Recently, she approached the bench seeking modifications in her anticipatory bail order. In her plea, the petitioner doctor expressed her anxiety that because of the prevailing condition of Covid-19 Pandemic it would be difficult for her to move to a government primary school to perform community service as Shiksha Swayamsevak because schools are running through online mode, and that is why; it would not be apposite for the petitioner to move in the vicinity as there is a chance of spread of Covid-19 Pandemic is at large.

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The counsel appearing for the doctor submitted that she intends to perform community service but in a different manner as may be provided by the Court.

On the other hand, the counsel for CBI submitted that if the petitioner doctor really intends to perform community service as per her undertaking given in the order, then she, being a medical student of post-graduation, can perform community service in any Community Health Center in the vicinity of the petitioner.

After considering the submissions made by both the parties, the High Court bench noted, "Considering the rival submissions and the fact situation, it appears that to that extent petitioner is right regarding prevailing condition of Covid-19 Pandemic as due to Covid-19 Pandimic Schools are usually run through online mode."

Taking note of the fact that the petitioner is a medical student who is pursuing her post-graduation in Opthalmology, the HC bench directed her to perform community service in the following manner:

"1. Petitioner shall visit every alternate Sunday to P.C. Sethi Distt. Hospital, Opp. G.P.O., Indore or Community Health Center at Mangliya, Distt. Indore wherever she desires to do and shall perform her duties as General Practitioner and if required, she will assist Specialist/ Ophthalmologist of the said Center by tendering her services. Chief Medical and Health Officer/Civil Surgeon, Indore shall permit her to do so.

2. The petitioner shall perform this community service on every alternate Sunday between 10 am to 2 pm and this shall continue for one year or till she completes her Post Graduation course in Ophthalmology, whichever is earlier. She shall not be a source of infection or discomfort to any patient in any manner during her stint in Community Service. It is expected that petitioner shall seriously perform her services to purge her misdeeds if any and to serve national/social cause without any fail and she will submit the report every third month before this Court for perusal."

At this outset, the bench further clarified, "It is made clear that if she has to perform any emergency service on Sunday in pursuance to her P.G. Course, then on that Sunday, she would be exempted to do community service, but she would compensate it while going for community service on any other day to adjust her duties accordingly."

Click here to read the modified order.

https://medicaldialogues.in/pdf_upload/mp-hc-new-order-169031.pdf

Click here to read the previous order by the HC bench.