MP High Court Directs Release Of PG Medical Student's Original Documents Who Challenged ₹30 Lakh Seat Leaving Penalty

The Madhya Pradesh High Court in an interim order permitted release of the original documents to a postgraduate medical student who has challenged the enforcement of Rs. 30 Lakh as a seat leaving penalty by a medical college where he was admitted in MD (Physiology) Course.The student sought to withdraw from the course after receiving an offer to pursue a Ph.D at the University of Liverpool, United Kingdom, but faced obstacles in retrieving his original documents due to the bond condition. Issuing notice on the student's plea the division bench of Justice Anand Pathak and Justice Pushpendra Yadav directed; "As an interim measure, subject to filing an affidavit of undertaking that subject to outcome of the subject proceedings, petitioner shall deposit the amount, if any, as assessed by this Court, the original documents of petitioner be released by respondent No.3 to petitioner forthwith, not later than 02/09/2025, on due acknowledgment". The petitioner was allotted a seat in MD (Physiology) at in Government Medical College, Shivpuri under the All India Quota. He deposited his original documents with the medical college on February 25. Subsequently, he received an opportunity at University of Liverpool, United Kingdom for doing Ph.D and decided to discontinue the MD Course. He had however submitted an undertaking by way of bond stating that in case he moves out of the college, then he has to deposit Rs.30 Lakh. The college demanded depositing of the amount, against which he moved the high court. He challenged the vires of Rule 15 (1)(kha) of M.P. Chikitsa Shiksha Pravesh Niyam 2015, which governs the seat-leaving bond condition.Counsel for the petitioner submitted that the policy was arbitrary and violative of Articles 14 and 19 of the Constitution. He pointed out that the Ministry of Health and Family Welfare had already expressed concern regarding the seat-leaving policy in response to a Lok Sabha question urging States to review the same. It was further argued that such stringent conditions caused undue hardship to the students, often resulting in mental distress and, in extreme cases, suicides. Reference was also made to a letter dated January 10, 2024, issued by the National Medical Commission (NMC) to all States and Union Territories, advising a review of the policy. The counsel appearing for the State and the medical college sought time to file a reply. It was argued that if a student abandons the seat midway, the public exchequer suffers losses since the seat remains vacant and can not be filled in the middle of the academic year. The court, as an interim measure subject to the outcome of the subject proceedings, directed the College to release the documents of the petitioner. The court also granted ten days' time to the respondents to submit their reply. Case Title: Dr Umesh Nagar v State of Madhya Pradesh (WP-33141-2025)For Petitioner: Senior Advocate Aditya Sanghi and Advocate Priyanshu Yadav For Respondents: Additional Advocate General Vivek Khedkar with Government Advocate Sohit Mishra and Advocate Lokendra ShrivastavaClick here to read the Order

MP High Court Directs Release Of PG Medical Student's Original Documents Who Challenged ₹30 Lakh Seat Leaving Penalty

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MP High Court Directs Release Of PG Medical Student's Original Documents Who Challenged ₹30 Lakh Seat Leaving Penalty

Jayanti Pahwa

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