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MP High Court issues notice on delay in rural posting as part of MBBS course, imposing fine of ₹25 Lakh for violating bond conditions

MP High Court issues notice on delay in rural posting as part of MBBS course, imposing fine of ₹25 Lakh for violating bond conditions

Responding to a petition challenging the delay in rural transmissions and imposing a fine of Rupees 25 lakh for violating the mandatory rural bond, the Madhya Pradesh High Court has ordered the Director of Medical Education and the Commissioner for Health, notified.

The petitioner, a recent MBBS graduate, argued that these circumstances adversely affected his career advancement and constitutional rights. The petition was presented before a division bench consisting of Justice Sanjeev Sachdeva and Justice Vinay Saraf.

The case revolves around the petitioner, a student who graduated from LN Medical College, Bhopal and obtained his MBBS degree through the government’s Mukhyamantri Medhavi Vidyarthi Yojana scholarship scheme. After graduation, as required by his education agreement, the petitioner signed the Rural Service Bond, committing himself to serve in a rural post for five years or face a fine of Rs 25 lakhs. After completing his MBBS in March 2023 and a year-long internship in March 2024, the divorce walker was not offered his national September 2024. According to the petitioner, the delay of six months not only delayed his plan to appear for the PG exam but also caused him to fall. stands tall both academically and professionally. The petitioner’s counsel Aditya Sanghi argued that the delay was arbitrary and that medical graduates are required under government regulations to get national posts within three months of obtaining their degrees. The counsel submitted that under the Pre-PG Rules, a mandatory provision requires rural posting to be made within three months and the delay constitutes a violation of these regulations. The delay hinders opportunities to pursue postgraduate studies alongside their peers.

The petition also questions the Rs 25 lakh fine imposed on the national bond condition, describing it as ‘exorbitant’ and ‘ultra-wire’ to the principles of the Constitution. Counsel for the petitioner claims that there have also been discussions in Parliament and the National Medical Council on the fine amount and challenges have been raised at various levels of the government. The exorbitant punishment has led to mental and financial stress on students, with some cases even reporting suicide by medical graduates who felt forced to enlist under difficult circumstances.

Counsel for the petitioner submits that for an economically disadvantaged state like Madhya Pradesh, such penalties may disproportionately burden the students. Moreover, petitioner has argued that the bond was signed under duress as the student has no choice but to agree to the condition upon admission to the medical school. Many of these conditions, including the mandatory rural posting requirement and associated punishment, were reportedly only fully disclosed later, leaving students with no realistic option to opt out.

In light of these arguments, the court ordered the defendant to file the reply within four weeks and to allow two weeks for a rejoinder. The case will be heard in January 2025.

Case title: Dr. Ansh Pandya vs. State of Madhya Pradesh and others

Case number: WP no. 29749 from 2024

Click here to read/download the order