10 years Compulsory service, Rs 50 Lakh Penalty for inservice candidates: Kerala Bond Policy for PG medical admissions

New Delhi: Doctors getting admitted to the postgraduate degree courses at the Government Medical Colleges in Kerala will have to undergo compulsory service as senior residents for one year from the date of completion of the said course. However, for the in-service candidates the tenure for compulsory bond service is 10 years and among these 2 years shall be in difficult and remote areas as defined by the Government.

The penalty amount for all candidates is Rs 50 lakhs, the State clarified in the prospectus for admission to medical postgraduate degree courses 2024-2025.

The terms of the bond service, as mentioned in the Prospectus are as follows:

Execution of Bond:

The Prospectus issued by the Directorate of Medical Education (DME) Thiruvananthapuram mentioned that the candidates selected for Medical PG Degree will have to execute two bonds in stamp paper (all pages of the bond should be in stamp paper of the total value of Rs.200/-of Kerala stamp paper) each at the time of joining the course.

As per these bonds-

♦ He/she shall not discontinue the P.G course that has been allotted to him/her after the allotment process is completed.

♦ All the General merit candidates including AIQ candidates admitted to Medical Post graduate courses in Kerala shall serve the Government of Kerala in Medical Education Services as Senior Resident as decided by the DME/Principals of Colleges for a continuous period of not less than One year immediately after the completion of the course without break. The prospectus mentioned that the candidates can fulfill their bonded obligation as service as lecturer/Assistant Professor/Assistant Surgeon/Junior Consultant/Senior Resident.

Period of Senior Residency:

As per the prospectus, the period of senior residency will be only from the date of publication of the result subject to successful completion of course and the terms and conditions including remuneration will be decided by the Government of Kerala.

What Happens when a Candidate gets Selected for Higher Studies?

The State clarified in the prospectus that if a doctor, having the liability of bond service, gets selected for PG Degree courses in Super Specialties he/she shall be relieved to join the same when he/she will be expected to complete 2 years of bonded service.

In such a case, the total service rendered by him/her shall be including obligations of specialty and super-specialty courses. The total bonded service rendered by him/her shall not exceed 2 years.

However, the prospectus clearly mentions that the facility of relieving shall be made available only for Super Specialty degree courses and not for observer ship, fellowship, or any other courses.

Bond Service relief for Doctors Getting Regular Appointments?

The State mentioned that doctors getting a regular appointment in the services of the State of Kerala and other States, Central Government, Union Territories, and PSUs (under Kerala and Central Government) shall be relieved from the Compulsory Bonded Service without insisting on bonded obligation, provided that they produce a letter from the concerned appointing authority, stating that he or she is not entitled for extension of joining time along with the appointment letter.

"He/she should also furnish a copy of the joining order served by the appropriate authority within a month to the Govt. of Kerala/DME, failing which they will have to pay the liquidated damages as per the bond. The Senior Resident who is appointed to the Government service must apply for a Joining Time Extension for completion of the residency period and if the employer refuses to do so, the Senior Resident shall submit the application before the Principal to relieve him from Senior Residency. Reliable documents to prove the above should be submitted along with the application," the State specified in the prospectus.

Tenure of Compulsory Service:

The prospectus mentions that all other senior residents shall be relieved after 1 year and such service should be done without any break immediately after the course.

It further mentioned, "The Principals of the Colleges where they complete the courses shall retain the certificates till such time as proofof the satisfactory completion of the courses given by the competent authorities i.e. DMO/Principal of the college where bond posting is given as the case may be. The original certificates can be sent through an official special messenger for verification by Kerala Public Service Commission or other such official bodies, upon written request from the students, the expenses of which are to be borne by the candidate himself."

"In case the Senior Resident avails maternity benefits during the period of Senior Residency, the stipendiary period will be limited to 18 months which is inclusive of the maximum maternity leave period of 6 months," the prospectus added.

Apart from this, the bond service terms, as specified in the guidelines, mention the following details:

◊ No admission shall be valid without getting the bond as detailed above and executed at the time of joining or within 7days from the date of admission at the discretion of the Principal. Any lapse in this regard will be treated as the liability of the Principal concerned. After 7 days the admission is liable to be cancelled.

◊ Candidates getting admission in the final allotment will have to execute the bond within 7 days. Otherwise their admission shall be cancelled and they are bound to pay the liquidated damages as mentioned in clause 10.1.19 (4).If candidates violate the terms above it will be construed as Professional Misconduct and the fact reported to the T.C Medical Council for suitable action including cancellation of Registration by the Council.

◊ In addition to the liquidated damages the stipend/salary drawn during the period of the course and the amount spent by the Government for their studies (with interest as fixed by Government) will be levied as liquidated damages from those who fail to do the Government service as stipulated.

◊ The original certificates after due verification will be kept in the safe custody of the Principal concerned till the completion of the Senior Residency. The candidates will not be eligible for stipend/salary until the execution of bonds. Principal has to ensure that the bond has been executed properly before the release of the first stipend/salary. Format of Bond available in the office of Principal of the Medical College concerned only will be accepted.

◊ The PG students will also not be eligible for stipend/salary until the fees are paid for each year of course within one week of commencement of their II and III year of study.

◊ The parents/guardians shall stand as sureties for non-service candidates. The signatures of the candidate and the sureties have to be attested by a Gazetted officer of State (other than that of/Central Government or Grama/ Block/ District/Panchayath President/Municipal Chairperson/Mayor or MLA/MP), by countersigning, in the bond agreement as a witness.

◊ In the case of Service Candidates Parents/Guardian/Husband/Wife shall stand as sureties. The signatures of the candidate and the sureties have to be attested by a Gazetted officer of State (other than those of the admitting authority/Central Government or Grama/ Block/ District/ Panchayath President/ Municipal Chairperson/Mayor or MLA/MP), by countersigning in the bond agreement as a witness.

◊ The certificates which are submitted in the colleges at the time of admission will be released only after the completion of compulsory bonded service or in the case of bond violation, the liquidated damages are paid.

◊ If Govt. is not in a position to offer a job either under Medical Education Services or Health Services to fulfill the Compulsory Government Service as per the bonded obligation within one year after completion of the course, the candidates will be absolved of the bonded obligation. Government has power to use their services (if required) through recruitment boards (e.g. KPSC) or by direct recruitment on contract basis whichever is deemed fit as per the circumstances prevailing at the time.

Liquidated Damages and Execution of Bond of service candidates:

The prospectus mentions that in the case of service candidates, he/she shall serve the Government for a period of 10 years or up to superannuation out of which 2 years should be in difficult and Remote/rural areas as defined by the State Government to be served immediately after the completion of the course. The DMO of the district in which the candidate is posted will retain the Original Certificates of all the service candidates till completion of the bond.

If a Service candidate discontinues the P.G. course or violate the conditions in the bond of service after the final Centralized Allotment Process he/she is liable to pay as liquidated damages an amount equal to the total salary admissible to the officer during the entire period of obligatory service. The salary/stipend drawn during the course along with interest @8% will also be recovered towards liquidated damages in order to arrive at the future salary, a hike of 25% on the existing salary will be affected in the pay revisions during the obligatory period, states the prospectus.

If Service quota candidates violate the terms mentioned in the Clause 12-1, it will be construed as Professional Misconduct and the fact reported to the T.C. Medical Council for suitable action including cancellation of Registration by the Council, it further mentions, adding that the Service Quota candidates will not be eligible for Leave With-out Allowance for taking employment/Training Programmes (Non-Governmental) elsewhere during the period of bonded obligation.

"No Admission shall be valid without getting the bond as detailed above executed at the time of joining or within 7 days from the date of admission at the discretion of the Principal. Any lapse in this regard will be treated as the liability of the Principal concerned. After 7 days the admission is liable to be cancelled," mentioned the prospectus.

"The original certificates after due verification will be kept in the safe custody of the Principal/ DHS/Director of Insurance Medical Service (DIMS) concerned. The candidates will not be eligible for stipend/salary until the execution of bonds. There shall be two separate Bonds–one for the Service Candidates and another for non-service Quota candidates including AIQ candidates. Format of Bond available in the office of Principal of the Medical College concerned only will be accepted. The Principal should ensure that the conditions of the bond are the same as stipulated in the prospectus including the period of bond and the amount of liquidated damages," it added.

To view the bond details, click on the link below:

https://medicaldialogues.in/pdf_upload/kerala-bond-256292.pdf