Doctor offered PhD abroad challenges Rs 30 lakh seat leaving penalty, HC orders medical college to return documents
Madhya Pradesh High Court
Bhopal: The Gwalior bench of the Madhya Pradesh High Court, in an interim order, has permitted the release of the original documents to a doctor who challenged the enforcement of Rs 30 Lakh as a seat leaving penalty.
Taking note of the doctor's plea, the Division bench of the Madhya Pradesh HC, comprising Justices Pushpendra Yadav and Anand Pathak, asked the Shrimant Rajmata Vijayaraje Scindia Medical College and the State Health Department Director of Medical Education to file a reply.
"Respondents are expected to file reply within 10 days, so that, if possible, the matter can be decided finally," the HC bench mentioned in the order dated 21.08.2025. The matter is likely to be taken up on September 2.
The plea was filed by the petitioner, who had been admitted in MD (Physiology) through the All India Category Quota in Government Medical College, Shivpuri. After getting allotment, he started pursuing the course and on 25.02.2025, deposited all the original documents to the college. However, later on, he was given an offer from the University of Liverpool, United Kingdom for doing a Ph.D. Therefore, he wants to move further in life.
The issue is that the petitioner had submitted an undertaking by way of bond to the tune of Rs 30 lakh, stating that in case he moves out of college, he would have to deposit Rs 30 lakh as a seat leaving penalty. Therefore, the college asked the petitioner doctor to deposit Rs 30 lakh, which is beyond the resources of the petitioner. Therefore, challenging the seat leaving bond, the petitioner filed the plea.
It was submitted by the petitioner's counsel that the Ministry of Health and Family Welfare, Government of India also showed concern in this regard which is reflected from a question asked in Lok Sabha, where, the Ministry showed concern and requested the State Governments to review the Seat Leaving Bond Policy in medical colleges in the concerned States.
Further, the petitioner's counsel referred the case status of the students who underwent mental agony and depression because of such condition, which at times becomes onerous and even atrocious. Rampant cases of suicide and mental depression are coming to the fore because of such condition, submitted the petitioner's counsel.
Apart from this, the petitioner's counsel also submitted that the condition of seat leaving penalty hinders the prospects of students to ameliorate for better success in life. He also referred to the letter dated 10.01.2024 issued by the National Medical Commission, Government of India to Principal Secretaries of Health & Medical Education of all States/Union Territories to review the seat leaving bond policy in medical colleges. The petitioner tried to raise the issue of the condition of the seat-leaving bond being violative of Articles 14 and 19 of the Constitution of India.
The petitioner's counsel also relied on several interim orders passed by coordinate benches of the Court to bring home the analogy that on giving an undertaking by way of affidavit, original documents were directed to be returned to the candidate.
On the other hand, the medical college and the Government argued that if the seat is left out by the candidate, then it would become a loss to the public exchequer because for this seat, no other candidate would be available in mid-term session.
After taking note of the submissions, the court granted the counsel for the State and the medical college 10 days of time to file reply. As an interim measure, the Court also issued directions to release the original documents of the petitioner.
"As an interim measure, subject to filing an affidavit of undertaking that subject to outcome of the subject proceedings, petitioner shall deposit the amount, if any, as assessed by this Court, the original documents of petitioner be released by respondent No.3 to petitioner forthwith, not later than 02/09/2025, on due acknowledgment," ordered the HC bench.
"It is further clarified that the release of original documents shall be subject to final outcome of the writ petition and if petitioner fails, then he shall have to bring back the original documents and/or to pay bond amount of Rs.30,00,000/- (Rupees Thirty Lakh Only)," the bench further mentioned in the order.
Further, the bench clarified that "It is made clear that this interim would not create any equity in favour of petitioner and the matter shall be heard on its own merits."
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/mp-hc-seat-leaving-bond-298638.pdf
