Monday, December 23

Indore: The Indore bench of the Madhya Pradesh High Court has sought the State Government’s stance on a petition challenging a ₹30 lakh seat-leaving bond at Mahatma Gandhi Memorial Medical College, Indore. The petitioner, a doctor, argued that the bond, executed during admission, is unreasonable and detrimental to mental health. The bond requires payment of ₹30 lakh to leave the course, with the penalty linked to the withholding of original documents.

Mental Health Concerns and NMC Recommendations

The petition draws attention to a National Task Force on Mental Health and Well-being of Medical Students report by the National Medical Commission (NMC), which recommended abolishing seat-leaving and compulsory rural service bonds. Instead, it proposed prohibiting students from reapplying to medical colleges for 24 months.

The Task Force was established by the NMC Anti-Ragging Committee to examine the mental health challenges of medical students and devise evidence-based strategies for improvement.

High Court Interim Relief

The High Court, led by Chief Justice Suresh Kumar Kait and Justice Sushrut Dharmadhikari, issued a notice to the State Government and directed the medical college to return the petitioner’s original documents and issue a no-objection certificate by 18th November 2024. The court clarified that this interim relief is subject to the final decision of the writ petition.

The court order stated:
“The respondent No.3 is directed to return the original documents along with No Objection Certificate to the petitioner before 18.11.2024 on due acknowledgment, subject to the final outcome of the writ petition.”

Background of the Case

The petitioner, Dr. Mashih, enrolled in the MS Orthopaedics course in 2020 but reportedly faced severe working conditions, including 72-hour shifts without breaks. This led to mental health issues, forcing him to leave the course. Despite attempts to resume in 2022, he was compelled to discontinue due to deteriorating health.

The petitioner alleged that his experience constituted a form of ragging and claimed that repeated pleas for adjustments were ignored. Without paying the ₹30 lakh penalty, the college retained his documents, restricting his ability to apply for other job or educational opportunities.

Legal Arguments and Relief Sought

  • The petitioner challenged Rule 15(1)(kha) of Madhya Pradesh Chikitsa Shiksha Pravesh Niyam (2018), under which the bond was imposed, as violative of Article 14 (Equality before the law) and Article 19(1)(g) (Right to practice any profession) of the Indian Constitution.
  • The plea sought to declare the rule ultra vires and demanded the return of documents and issuance of an NOC.

Similar Cases and NMC Policy Changes

In January 2024, the NMC recommended discontinuation of seat-leaving bonds, citing their adverse impact on students’ mental health. While the bond policy was removed for batches starting 2024, it still applies to prior batches, affecting the petitioner.

Earlier, the Principal Bench of Madhya Pradesh High Court granted interim relief to another doctor in a similar case, directing the college to return documents without bond payment.

This ongoing case highlights the broader debate over seat-leaving bonds and their implications for medical students’ mental health and career prospects.

Share.
Leave A Reply

Doctor Post is a health news portal tailored to provide updates for medical and healthcare professionals, while remaining open to others interested in accessing general health information. The content on Doctor Post is carefully created and/or edited by a dedicated team of doctors, healthcare researchers, and scientific writers.

© 2024 Doctor Post. All Rights Reserved. Created and Maintained by Creative web Solution

Disclaimer: Use of the site is governed by our terms of use, privacy policy, and advertisement policy. For further details, please refer to our Disclaimer.

Exit mobile version