NEET-PG | Should Not The Security Bond Amount Be Uniform Across States? Supreme Court Asks

A Bench comprising Chief Justice of India D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala was hearing a plea filed by a NEET-PG candidate seeking release of her original documents from the college wherein she took admission the last academic year. At the time of admission the candidate had submitted her original documents to the college and had also signed a security bond, wherein she was liable to pay Rs. 30 lakhs in case she vacated her seat. The candidate re-appeared for NEET-PG Examination and improved her score. Now, she seeks to vacate the seat and participate in the Counselling for the current academic session for which she would require the original copies of her documents, at present lying with her previous college.

The crux of the issue that was argued on Thursday was that the bond amount was exorbitant.

The CJI, Justice Chandrachud asked the Counsel appearing for the college/State that when the fee for the entire course was about INR 3.75 lakhs, why was the bond amount as high as INR 30 lakhs.

The Counsel responded, "It depends on the cost of living of the particular State and other factors….I will put it this way, INR 30 lakhs is less. The fee is less because it is Government college, the rest of the amount comes from the taxpayers' money."

He informed the Bench that the bond amount was in consonance with the concerned statute of the State. The Counsel added, "Seats are scarce. The entire infrastructure is not utilised for the whole course, a student loses out on a seat and the country on a specialised doctor."

Advocate Gaurav Sharma appearing on behalf of his National Medical Commission submitted that seats in Government medical colleges are national assets and should not go wasted.

The CJI was also convinced that the State Governments are justified in imposing bond conditions to deter students from jumping ships. He refused to interfere in the matter, stating that the bond condition was imposed in accordance with statutory and not administrative rules; rules were not challenged; the student had consciously submitted the original documents and signed the security bond. The CJI, Justice Chadrachud emphasised that the State Government creates infrastructure for every single seat and would expect optimal utilisation of the same. He was of the opinion -

"If we allow this, students will jump ships and it would be absolute chaos."

However, the CJI observed that the bond amount could be uniform across the states.

"Only thing is that most of the students are from middle class. Technically State can say 50 lakhs also ...These are humble students, we are not condoning her conduct, but should not there be uniform amount across States?", CJI asked.