Student Files Plea Against Rs 30 Lakh Seat Leaving Bond Rule, Madhya Pradesh HC Issues Notice, Directs College To Return Original Documents

The Indore bench of the Madhya Pradesh High Court sought the state government's stand on a medical student's plea against the Rs 30 Lakh seat leaving bond he had signed while taking admission in a medical college, which would be charged if he left the seat without completing the course or his original documents will not be returned. Issuing notice to the respondents including the state government, a division bench of Chief Justice Suresh Kumar Kait and Justice Sushrut Dharmadhikari in its order directed respondent no. 3–Mahatma Gandhi Memorial Medical College, Indore to return the petitioner student's original documents and give a no objection certificate. “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 acknowledgement and the same shall remain subject to final outcome of the writ petition," the court said. The plea challenges Rule 15(1) (Kha) Madhya Pradesh Chikitsa Shiksha Pravesh Niyam (2018) as per which if a person leaves the seat allotted to him then he has to deposit Rs. 30,00,000 as a seat leaving condition in favour of the college. The petitioner, Dr. Abhishek Mashih, in 2020 was admitted in MS Orthopaedics and during his residency he faced various issues due to which he developed mental health concerns. The petitioner has claimed that there were long working hours upto 72 hours, wherein he was asked to work continuously without taking any breaks and without any sleep or rest. The petitioner claimed that this treatment by senior doctors to junior residents was nothing but another form of ragging which pushed the students like the petitioner to want to leave the seat. There were repeated pleas submitted to the administration for making adjustments but no relief was granted. The petitioner claimed that he made an attempt to resume the course in 2022 but was forced to discontinue again due to deteriorating health conditions. The petitioner's original documents were retained since the he had not given Rs. 30 Lakh as part of the bond. The petitioner was unable to access his own documents and apply for other job opportunities or education options. The plea states that the National Medical Commission in January 2024 had recommended that the seat leaving bonds should be discontinued since they are affecting the student's mental health. The bond requirement was removed for the upcoming batches but the ones before 2024 still came under the purview of the policy, thus affecting the petitioner as well.In the petition, the petitioner has prayed for declaring the Rule 15(1)(kha) of Madhya Pradesh Chikitsa Shiksha Pravesh Niyam 2018 as ultra vires to Article 14 & 19(1) (g) of the Constitution of India. It seeks a direction to the medical college to return original documents and give NOC to the petitioner. Case title: Dr. Abhishek Masih Vs The State Of Madhya Pradesh And OthersCase No: WP No. 35530 of 2024Click Here To Read/Download Order

Student Files Plea Against Rs 30 Lakh Seat Leaving Bond Rule, Madhya Pradesh HC Issues Notice, Directs College To Return Original Documents

Siddhi Nigam

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