MP High Court Issues Notice Over Delay In Rural Posting As Part Of MBBS Course, Imposition Of ₹25 Lakh Penalty For Breaching Bond Conditions
In response to a petition challenging the delay in rural postings and the imposition of a 25 lakh Rupees penalty for breaching the mandatory rural Bond the Madhya Pradesh High Court has issued notice to the state of Madhya Pradesh the Director of Medical Education the Commissioner of health. The petitioner, a recent MBBS graduate argued that these conditions were adversely affecting his...
In response to a petition challenging the delay in rural postings and the imposition of a 25 lakh Rupees penalty for breaching the mandatory rural Bond the Madhya Pradesh High Court has issued notice to the state of Madhya Pradesh the Director of Medical Education the Commissioner of health.
The petitioner, a recent MBBS graduate argued that these conditions were adversely affecting his career progression and constitutional rights. The petition was listed in front of 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 in Bhopal and had received his MBBS degree through the government Mukhyamantri Medhavi Vidyarthi Yojana scholarship scheme. Upon graduation as required by his education agreement the petitioner signed the rural service Bond committing to serve in a rural posting for five years or faces a penalty of rupees 25 lakhs. Completing his MBBS in March 2023 and a year-long internship in March 2024 the partitioner was not offered his rural September 2024. According to the petitioner the 6 months delay not only delayed his plan to sit for the PG examination but also resulted in him falling behind his pears academically and professionally. The petitioner's counsel Aditya Sanghi argued that the delay was arbitrary and medical graduate are required under government regulation to receive the rural posting within 3 months of completing the degrees. The counsel argued that as per Pre-PG Rules, a mandatory provision requires rural posting within 3 months and the delay constitutes a violation of these regulations. The delay hampers the chances to pursue post graduate studies along with their peers.
The petition also brings into question the Rs 25 lakh penalty imposed on the rural Bond condition terming it as 'exorbitant' and 'ultra wires' to the constitution principles. The petitioner' counsel claims states that discussions in the Parliament and the National Medical Council have also been taken place regarding the penalty amount and has been contested at various levels of the government. The exorbitant penalty has led to mental and financial stress on students with some cases even reporting suicide at times by medical graduate who felt forced into services under challenging conditions.
The counsel for the petitioner argues that for a state like Madhya Pradesh which is economically disadvantaged, such penalties can be disproportionately burdensome on the students. Additionally, the petitioner contended that the bond was signed under duress as student has no choice but to agree to the condition upon the admission to Medical School. Many of these conditions including the mandatory rural posting requirement and the associated penalty were reportedly not fully disclosed until later, leaving the students without a realistic option to opt out.
In light of these arguments the court has directed the respondent to file the reply within 4 weeks and allowing 2 weeks for rejoinder. The matter is scheduled for hearing in January 2025.
Case title: Dr. Ansh Pandya Vs The State Of Madhya Pradesh And Other
Case No: WP No. 29749 of 2024