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The Jharkhand High Court has held that a medical college cannot enforce a bond against a student who was admitted to a postgraduate course that was not recognised by the Medical Council of India (MCI), observing that where the admission itself is founded on deception, the consequential bond has no legal consequence.

A Single Judge Bench of Justice Ananda Sen made the observation while directing Mahatma Gandhi Memorial Medical College, Jamshedpur to refund ₹39.94 lakh deposited by a doctor towards the bond and stipend, besides awarding him ₹7 lakh compensation for the mental agony and significant loss of career time caused by the college's actions. The Court also questioned how a medical college was permitted to offer a postgraduate diploma course that was not recognised by the MCI and criticised the regulatory body's failure to take appropriate steps against the institution.

The petitioner, who had completed his MBBS from Moti Lal Nehru Medical College, Allahabad, qualified NEET-PG 2019 and, after counselling, was offered admission to the Diploma in Medical Radio Diagnosis (DMRD-Radiology) course at MGM Medical College, Jamshedpur for the 2019-21 session. He accepted the seat and left his seat at Moti Lal Nehru Medical College, Prayagraj. At the time of joining MGM Medical College, he was required to sign a bond under which relinquishing the seat would entail payment of ₹30 lakh besides refund of the stipend. He also submitted his original documents.

According to the petitioner, after joining the course, he discovered that there was no proper faculty in the Radiology department and that there was no one to guide him. He further came to know that the DMRD-Radiology course offered by MGM Medical College was not recognised by the Medical Council of India. He thereafter appeared for the Institute of National Importance Combined Entrance Test (INI CET) and, upon being selected, sought release of his original certificates and relief from the bond. However, as his documents were not released, he could not join pursuant to his selection. The petitioner subsequently appeared for NEET-PG 2021 and secured an All India rank of 270. He thereafter took admission at Sanjay Gandhi Postgraduate Institute of Medical Sciences, Lucknow.

The petitioner challenged the consequences of the bond before the High Court, contending that he had been made to sign it after the college concealed material facts concerning the non-recognition of the course and the absence of basic facilities. The High Court noted that the petitioner had admittedly been admitted to a course which was not recognised.

The Court observed that whether the student had been informed beforehand about the non-recognition of the course was “absolutely, immaterial”, as a course not recognised by the MCI ought not to have been offered in the first place and no student should have been admitted to it. The Court further held that the bond could not be treated independently of the defective admission. It noted:

“The signing of the bond relates to admission. The admission only means an admission in a proper recognized course. Where the admission is itself based on foundations of deception, the consequential acceptance of the bond being irrelevant, will not have any consequence. The same is bad in law.”

The Court also observed that the college could not have compelled the petitioner to execute the bond after admitting him to a non-recognised course. It noted that the college had not only obtained the bond but had also realised money from the petitioner. The Court took particular note of the lack of basic infrastructure for the Radiology course, observing:

“It is really surprising that a college offering a Postgraduate Diploma Course in Radiology does not possess a MRI Machine which is a bare minimum requirement and the CT Scan Machine which is available, is also not functional.”

It held that concealment of material facts concerning the availability of equipment for imparting the postgraduate course amounted to fraud upon students taking admission. The Court also questioned the role of the Medical Council of India, observing that it failed to take appropriate steps against the college despite the circumstances. It observed:

“This Court fails to understand that in this scenario, how the Medical Council of India had not taken appropriate steps against this college. It can be said that the Medical Council of India

is also shutting their eyes and shirking their responsibility which they have towards the future of medical professions. I am not inclined to carry the issue any further, though, it requires some harsh treatment.”

The Bench further held that the counselling body could not escape responsibility for recommending the petitioner to a college for a course which was not recognised. It observed that the petitioner could not be blamed for these lapses and had lost two years after having to leave MGM Medical College and appear again for the NEET examination. Taking note of the fact that the petitioner had secured All India rank 270 in NEET, the Court held that the actions of the respondents had “played with the future” of the petitioner.

Allowing the writ petition, the Court held the petitioner entitled to refund of the stipend and the amount deposited by him towards the bond, totalling ₹39,94,645. It further awarded ₹7 lakh as compensation for the mental agony and significant loss of career time caused by the actions of MGM Medical College.

The petitioner was also relieved of all liabilities under the bond.

Case Title: Dr. Mahesh Kumar v. State of Jharkhand & Ors.

Case Number: W.P.(C) No. 4531 of 2021

Appearance:For the Petitioner: Mr. Amit Kr. Das, Sr. Advocate; Ms. Swati Shalini, AdvocateFor the Respondents: Mr. Mithilesh Singh, GA-IV

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