Rural Posting allotted 1.5 yrs after completing MBBS! HC issues notice as Doctor challenges Rs 25 lakh bond penalty
Madhya Pradesh HC Issues Notice to State Over Plea Challenging Bond Service Penalty
Bhopal/Jabalpur: The Madhya Pradesh High Court has asked the State Government, Director of Medical Education, and Commissioner of Health Services to respond to a doctor's plea challenging the imposition of Rs 25 Lakh penalty on him for failing to undergo compulsory rural service for five years after completing his MBBS course.
Issuing notice to the State Government authorities, the HC bench comprising Justice Sanjeev Sachdeva and Vinay Saraf has listed the matter for further hearing in the week commencing 13.01.2025.
"Notice is accepted by learned counsel appearing for the respondents, who prays for time to file counter. Let the same be filed within four weeks. Rejoinder two weeks thereafter. List in the week commencing 13.01.2025," ordered the bench.
In his plea, the Bhopal-based doctor submitted that he executed a bond pledging to serve in the rural area for five years after graduating. However, he was not given a posting for one and a half years after he completed his MBBS course. Ultimately, he was given a posting in September 2024 and when he did not join the service, the authorities imposed a penalty of Rs 25 lakh on him.
As per the latest media report by the Times of India, the counsel for the petitioner argued that the amount of penalty of Rs 25 lakh was exorbitant and also pointed out that the doctor was given the rural posting only after one and a half years later he completed his UG medical education course. It was argued by the counsel that since the doctor was given the posting later after passing the MBBS course, he was left behind in his career compared to his peers in college by the same amount of time.
TOI has reported that the issue was also raised in the Parliament, where the Indian Medical Association (IMA) asked the Madhya Pradesh Government to review the penalty. The counsel for the doctor, Aditya Sanghi, said that not only was the State Government at fault for not giving him a posting for one and a half years, but a penalty of Rs 25 lakh was imposed on him which is too much for an MBBS graduate. He argued that Madhya Pradesh is a poor State and imposing such a heavy penalty on a student goes against the entire scheme of things of the Indian Constitution.
Medical Dialogues had earlier reported that back in 2022, the Jabalpur Bench of Madhya Pradesh High Court had directed Indore-based Mahatma Gandhi Medical College to return the original documents of a doctor after noting that if the bond service postings are not given within three months from the passing the final exam, conditions mentioned in the bond will be treated as infructuous.
To view the HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/mp-hc-order-258621.pdf
