Doctor challenges Rs 30 lakh seat leaving bond penalty citing mental health concerns, HC issues notice
Madhya Pradesh High Court
Indore: While considering a doctor's plea challenging Rs 30 lakh seat leaving bond citing mental health concerns, the Indore bench of the Madhya Pradesh High Court sought to know the stand of the State Government in this regard. At the time of getting admission to Mahatma Gandhi Memorial Medical College, Indore, the petitioner doctor had executed the Rs 30 lakh bond, which would be charged if he left the seat without completing the course. The seat leaving bond conditions further specified that without paying the seat leaving bond penalty, the students would not be able to get back his original documents.
In August this year, the 'National Task Force on Mental Health and Well-being of Medical Students', set up by the National Medical Commission (NMC) opined in its report that seat-leaving bonds and compulsory rural service bonds should be abolished. As an alternative to the seat-leaving bond, the Task Force has suggested prohibiting such students from applying to medical colleges for twenty-four months from the date of leaving.
NMC Anti-Ragging Committee had set up the National Task Force to study existing literature and data on the mental health of medical students and propose evidence-based strategies for improving the same.
However, this bond condition has now been challenged by the doctor before the MP High Court Division bench of Chief Justice Suresh Kumar Kait and Justice Sushrut Dharmadhikari, and the Court while issuing notice to the authorities including the State Government, also directed the medical college to return the doctor's original documents and give a no objection certificate.
"The respondent No.3 is directed to return the original documents along with No Objection Certificate to the petitioner before 18.11.2024 on due acknowledgement and the same shall remain subject to final outcome of the writ petition," ordered the HC bench on 14.11.2024.
As per the latest media report by Live Law, filing the plea, the petitioner student challenged Rule 15(1) (Kha) Madhya Pradesh Chikitsa Shiksha Pravesh Niyam (2018), under which a person needs to pay Rs 30 lakh seat leaving penalty to the college if he/she leaves the seat allotted to him.
The matter concerns Dr. Mashih who was admitted to the MS Orthopaedics course at Mahatma Gandhi Memorial Medical College, Indore back in 2020. During his residency, he allegedly faced several issues and due to this, he developed mental health concerns. It was claimed by the petitioner that the working hours stretched up to 72 hours and he was asked to work continuously without taking any breaks and without any sleep or rest.
Live Law has reported that the petitioner student claimed that such treatment by the senior doctors to the junior residents was nothing but another form of ragging that pushed students like him to want to leave their seats.
It was further submitted that even though repeated pleas were submitted to the administration for making adjustments, no relief was granted to him. He also claimed that even though he tried to resume the course in 2022, he was forced to discontinue the course again due to deteriorating health conditions.
When the petitioner did not pay the Rs 30 lakh seat leaving bond, the college retained his original documents. Due to this, the petitioner could not access his documents and apply for other job opportunities or education options.
Filing the plea, the petitioner stated that the National Medical Commission (NMC) in January 2024 had recommended that the seat-leaving bonds should be discontinued since they were affecting the mental health of the medical students. The petitioner pointed out that even though the bond requirement was removed for the upcoming batches, the ones before 2024 still came under the purview of the policy and affected the petitioner also.
The petitioner prayed before the Court to declare Rule 15(1) (kha) of Madhya Pradesh Chikitsa Shiksha Pravesh Niyam 2018 as ultra vires to Article 14 & 19(1) (g) of the Constitution of India. It also sought a direction to the medical college to return original documents and give NOC to the petitioner students.
Medical Dialogues had reported that earlier this year while considering a similar case, the Principal bench of Madhya Pradesh had granted interim relief to a doctor and asked the MGM Medical College, Indore to return original documents to her without payment of the Rs 30 lakh seat-leaving bond penalty.
To view the HC order in the recent case, click on the link below:
