No rural posting bond for in-service doctors after PG: MP High Court
Madhya Pradesh High Court
Bhopal: In a recent judgment, the Madhya Pradesh High Court clarified that in-service doctors in the State are not required to execute a rural service bond after completing a medical postgraduate course.
While considering the plea filed by a doctor seeking release from the rural service bond and return of her original certificates, a HC Division bench of Justices Vivek Rushia and Pradeep Mittal clarified that Rule 11 of the Madhya Pradesh Autonomous Medical and Dental Postgraduate Courses (Degree/Diploma) Admission Rules, 2017, does not apply to in-service doctors.
The petitioner in this case completed her Post Graduate Diploma in Anaesthesia in March 2017 and was subsequently issued a certificate by the Madhya Pradesh Medical Science University, Jabalpur, and registered with the Medical Council in July 2017.
Seeking release from the rural service bond before the Director of Medical Education, Bhopal, the petitioner submitted before the HC bench that no rural posting order was issued to her within three months of the declaration of her PG Diploma results. Therefore, she should be exempted from the bond requirements as per the rules.
According to the latest media report by Live Law, the petitioner argued that under the Pre-PG Rules 2014, if a rural appointment order is not issued within three months, the bond automatically becomes void. Pointing out that the Health Services Commissioner passed no posting order within the stipulated period, the petitioner argued that the bond should be void.
On the other hand, the State Government submitted that the petitioner's original certificates had already been returned in compliance with an interim order issued in August 2017. Further, the State submitted that the No Objection Certificate (NOC) issued to the petitioner clearly stipulated the requirement of performing one year of compulsory rural service after completing the super specialty/PG course.
According to the State, the petitioner was appointed as a medical officer in Ratlam in December 2016 and was already in government service during her PG Diploma. It was also alleged that before being granted permission to pursue further studies, the petitioner went on unapproved leave, which was later deemed "dies non".
While considering the matter, the HC bench took note of the NOC issued by the MG Medical College, Indore, which required the petitioner to complete one year of rural service upon returning the original certificate. Further, the court noted that the petitioner concealed the crucial fact in her petition that she was already employed as a medical officer in Ratlam.
The Court also interpreted Rule 11 and observed that this provision applies to the selected candidates, but not to the in-service doctors already in government service.
Noting that the petitioner was employed as a Medical Officer in the Health Services Department and enrolled in a PG Diploma while in service, the bench observed that she was not required to submit a separate bond for rural service.
Further, the bench observed that in such cases, the doctor must return to her parent service after completing the course. However, the Court also clarified that the petitioner had approached the Court concealing material facts, which did not satisfy the principle of "clean hands". Based on this, the plea was dismissed.
The Division Bench of the HC also ruled that if the petitioner wished to rejoin the health department as a medical officer, she must work in rural or remote areas, as per the terms of the bond.
