Either serve bond for 2 years or Pay Rs 50 lakh penalty: HC directs Doctor

Madurai: While considering a plea by a doctor who did not comply with the bond service terms, the Madurai bench of Madras High Court recently directed that the doctor to either serve for two years in Tamil Nadu or pay Rs 50 lakh for penalty.

Although originally the bond service agreement required the doctor to serve for 10 years and the penalty amount was Rs 2 crore, the HC bench made the changes taking note of the modification of bond service terms in the State.

Referring to the Supreme Court order, the bench comprising of Justice G R Swaminathan also reiterated the need for having a uniform police in this regard. The bench also observed with confidence that Tamil Nadu Government would also adapt an uniform policy in the State.

The matter concerned a doctor from Kerala who had been admitted to Tirunelveli Medical College for pursuing D M Neurology course under the All India Quota. At that time of admission, the doctor had executed a bond, which required him to undergo bond service in Tamil Nadu for a period of 10 years. The terms mentioned that in case he failed to serve the bond, he would pay a sum of Rs 2 crore as penalty.

However, after completing the course in September 2020, he failed to serve the bond terms. Therefore, in September 2021, the dean of the college asked the doctor to pay Rs 2 crore as promised. Although the doctor had submitted an explanation regarding the matter, the same was not satisfactory for the authorities and he had once again been communicated in October 2021 regarding the payment of Rs 2 crore.

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Following this, challenging the communication, the doctor approached the Madurai bench of Madras High Court. During the case proceedings, the State Government authorities informed the Court that even though the concerned doctor had been called given a call in July 2021 for participating in counselling for bond service posting orders, he had chose not to participate in it.

At this outset, the Court took note of a communication issued by the principal secretary to the State Health Department. In that communication dated October 9, 2020, the State had reduced the bond duration for non-service candidates from 10 years to two years. In fact the penalty amount for the bond service had also been reduced from Rs 2 crore to Rs 50 lakh.

Opining the communication to be applicable in this case, the HC bench comprising of Justice G R Swaminathan referred to a Supreme Court order, where it had been held by the top court bench that there should be a uniformity regarding compulsory bond service. In fact, the top court had also suggested the Centre for formulating a uniform bond policy for doctors getting admitted to government medical institutes.

Meanwhile, the State Government submitted before the Court a copy of an order issued by Director of public health and preventive medicine. In that order, the petitioner doctor had been appointed as an assistant surgeon at Nagapattinam.

Taking note of the submissions, the HC bench noted that apparently the petitioner doctor was not willing for complying with the bond service term of two years of compulsory service. 

As per the latest media report by the Times of India, while quashing the order, the bench clarified either the petitioner would be required to serve two years and comply with the bond period term, or he would have to pay an amount of Rs 50 lakh as penalty. 

Also Read: Compulsory bond service for PG, SS reduced from 5 years to 2 years in Rajasthan