Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • Vaccine Hub
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
  • Fact Check
  • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Fact Check
      • Bone Health Fact Check
      • Brain Health Fact Check
      • Cancer Related Fact Check
      • Child Care Fact Check
      • Dental and oral health fact check
      • Diabetes and metabolic health fact check
      • Diet and Nutrition Fact Check
      • Eye and ENT Care Fact Check
      • Fitness fact check
      • Gut health fact check
      • Heart health fact check
      • Kidney health fact check
      • Medical education fact check
      • Men's health fact check
      • Respiratory fact check
      • Skin and hair care fact check
      • Vaccine and Immunization fact check
      • Women's health fact check
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Abroad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Fact Check
    • Bone Health Fact Check
    • Brain Health Fact Check
    • Cancer Related Fact Check
    • Child Care Fact Check
    • Dental and oral health fact check
    • Diabetes and metabolic health fact check
    • Diet and Nutrition Fact Check
    • Eye and ENT Care Fact Check
    • Fitness fact check
    • Gut health fact check
    • Heart health fact check
    • Kidney health fact check
    • Medical education fact check
    • Men's health fact check
    • Respiratory fact check
    • Skin and hair care fact check
    • Vaccine and Immunization fact check
    • Women's health fact check
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Abroad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Medical Education
  • Bond Service Postings...

Bond Service Postings must be given within 3 months of Passing final Exam: HC relief to Doctor, directs Medical College to return documents

Barsha MisraWritten by Barsha Misra Published On 2022-06-12T14:00:07+05:30  |  Updated On 12 Jun 2022 2:00 PM IST
Bond Service Postings must be given within 3 months of Passing final Exam: HC relief to Doctor, directs Medical College to return documents
  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • Email

Jabalpur: Directing Indore-based Mahatma Gandhi Medical College to return the original documents of a doctor, the Jabalpur bench of Madhya Pradesh High Court recently implied that if the bond service postings are not given within three months from the passing of the final exam, the conditions mentioned in the bond will be treated as infructuous.

Such an observation has been provided by the HC bench comprising of Justice Sujoy Paul, as it referred to Rule 11 of Madhya Pradesh Medical and Dental Post Graduate Course (Degree/Diploma) Admission Rules, 2015 and clarified, "So far bond conditions are concerned, a plain reading of Rule 11 makes it clear that if appointment order is not issued to the successful candidates within three months, the bond conditions will be treated to be cancelled."

"Resultantly, respondents are bound to return his original educational qualification documents to the petitioner. The same shall be returned within 45 days' from the date of production of copy of this order," ordered the bench.
Similar observations had been made by the Madhya Pradesh High Court previously as well. Medical Dialogues had earlier reported that the MP High Court bench had earlier clarified that the rural service bond, which ensures that doctors serve the rural areas after the completion of the UG or PG medical courses, becomes ineffective if the doctors are not given postings within a stipulated time frame.

The present case concerned the petitioner doctor, who passed her Post Graduation final year examination on 31.12.2018. As the doctor had executed a bond while taking admission for the PG course at Mahatma Gandhi Medical College, Indore, she was issued with a posting order on 07.09.2018.

However, the doctor alleged that the authorities issued her posting order three months before the completion of her PG course, when she was not entitled to be posted/appointed. Therefore, the doctor did not join services on the basis of the order issued on 07.09.2018.

Also Read: Bond service ineffective if rural postings not given within stipulated time: HC

The doctor pointed out that as per Rule 11 of Madhya Pradesh Medical and Dental Post Graduate Course (Degree/Diploma) Admission Rules, 2015 (Admission Rules), the Dean of the concerned Educational Institution was required to furnish a list of successful Post Graduate candidates to Commissioner, Health Services. In turn, said Commissioner was required to issue appointment orders to such successful candidates within three months after declaration of results, failing which, bond filed by the candidate will be treated to be cancelled as a fiction.

Referring to this she contended that after passing of examination, at no point of time, any appointment order was ever issued to her. Thus, Rule 11 could not be translated into reality from the date petitioner passed the Post Graduate Examination. However, the petitioner doctor alleged that the college authorities have withheld her original educational qualification documents demanding compliance of the bond conditions.

When the petitioner doctor reached the High Court bench, the Deputy Advocate General contended that as per Rule 11 of Admission Rules, it is the Dean of the concerned institution who was required to send the list of successful candidates to the Directorate/Commissioner. Upon receiving such list only the Commissioner was obliged to issue appointment orders within three months. Thus, starting point to calculate the period of three months is the date when the list was sent by the Dean to the Commissioner. Since the Dean never sent the list the State is still free to apply the bond conditions.

The bench noted that the pivotal question concerning the case was the fact if the petitioner who was given posting order on 07.09.2018 before passing the Post Graduate final year examination is entitled to get relaxation from bond conditions and further entitled to get back his original educational qualification documents from the respondents ?

After perusing the matter and the arguments by both the parties, the HC bench noted that if there is no time frame for the Dean to send the entire procedure will depend upon the whims and fancies of the Dean.

"The purpose, object and intention while inserting Rule 11 is to see that the Dean will send the list of successful candidates to the Commissioner. Although, no period of limitation for sending that list is prescribed in Rule 11 of Admission Rules. If it is read in the manner suggested by the Government counsel, it will give an unfettered and unlimited period to the Dean to send the list as per his whims and fancies," noted the bench.

"In our opinion, the purpose of Rule 11 is to ensure that soon after the candidate has passed, the Dean must send the list of successful candidates to the Commissioner, and in turn, the Commissioner will appoint them within 3 months therefrom," the bench further observed.

Further discussing the purpose of inserting Rule 11, the bench noted,
"Ordinarily, a candidate would like to serve the State in rural, difficult, and remote areas immediately after completion of his or her educational qualification. If it is not implemented forthwith, the candidate is bound to take services somewhere else. For this purpose, three months period is prescribed in Rule 11 to ensure that appointment order is issued with quite promptitude. Any other interpretation will create serious hardship to the candidates and candidates who have joined elsewhere and worked for many years may be required to serve the state government department as per bond condition by leaving their suitable job. This can't be the purpose of inserting Rule 11."
Referring to the case of the petitioner doctor, the HC bench observed, "Indisputably, the petitioner was appointed/posted much before he passed the Post Graduate course. Thus, such appointment dated 07.09.2018 is not in consonance with Rule 11 and petitioner's non-joining will not create any right in favour of the State."
At this outset, the Government Counsel laid emphasis on following expression mentioned in Rule 11
"however, such Doctors will have to work under the State Government as directed"
. He argued that even if bond conditions are not binding on the petitioner, he is bound to serve the State Government as per the highlighted portion.
However, referring to the recent HC order in the case of Dr. Rahul Mittal vs. State of Madhya Pradesh & others, the bench noted,
"So far bond conditions are concerned, a plain reading of Rule 11 makes it clear that if appointment order is not issued to the successful candidates within three months, the bond conditions will be treated to be cancelled."
"Pertinently, in the case of Dr. Rahul Mittal (supra), no appointment order was ever issued to the said candidate/petitioner, who had passed the relevant course at relevant point of time. The only difference in the present case is that although a posting order was issued to the petitioner on 07/09/2018 (Annexure P/9), the said appointment/posting order was not in accordance with Rule 11 because it was issued before completion of petitioner's qualification. Thereafter, admittedly no fresh appointment order or modified order was passed. Thus, in view of Deeming clause of Rule 11 and as per the order passed by this Court in Dr. Rahul Mittal (supra), bond conditions cannot be enforced against the petitioner," read the judgment.
Therefore, directing MGMC Indore to return the original documents within 45 days, the bench ordered, "Resultantly, respondents are bound to return his original educational qualification documents to the petitioner. The same shall be returned within 45 days' from the date of production of copy of this order."
To read the HC order, click on the link below.
https://medicaldialogues.in/pdf_upload/madhya-pradesh-high-court-order-178452.pdf
Also Read: Medical Degree Certificate not Marketable Commodity, cannot be withheld for unfulfilled bond terms: HC
Madhya pradesh high Courtmadhya Pradesh HCMahatma Gandhi Medical CollegeMahatma gandhi medical college and HospitalMGMC IndorePost Graduate examinationPost Graduate candidatesDirectorate of Health Servicesdirector of medical education
Barsha Misra
Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

Show Full Article
Next Story

Editorial

National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

National Consensus 2025 on Role of Bisoprolol Across CV Continuum in Women: Top 10 Takeaways

Relevance of Pioglitazone in Indian T2DM Care Continuum

Relevance of Pioglitazone in Indian T2DM Care Continuum

Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

Azmarda Outperforms Generic Sacubitril/Valsartan in HFrEF Management, says new study

First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

First Indian Consensus on Managing Refractory Gastroesophageal Reflux Disease Recommends Vonoprazan

Re-visiting the Role of Pneumococcal Vaccination in Patients with Cardiovascular Diseases

Re-visiting the Role of Pneumococcal Vaccination in Patients with Cardiovascular Diseases

View All

Journal Club Today

Study Reveals Why Your Immune System Works Better in Daylight

Study Reveals Why Your Immune System Works Better in Daylight

View All

Health News Today

Health Bulletin 30/May/2025

Health Bulletin 30/May/2025

View All
© 2022 All Rights Reserved.
Powered By: Hocalwire
X
We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok