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Supreme Court Refuses To Entertain Plea Against Compulsory Bond Conditions On MBBS Candidates In Maharashtra

Sohini Chowdhury
8 Aug 2022 3:42 PM GMT
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The Supreme Court, on Monday, refused to entertain plea seeking quashing of the compulsory bond conditions, imposed by the State of Maharashtra on the petitioners, while taking admissions in the medical under-graduate MBBS course in the year 2011 and 2013, in the All-India Quota seats, based on merit secured in All India Preliminary Medical Test (AIPMT).

A Bench comprising Justices D.Y. Chandrachud and A.S. Bopanna noted that the bond conditions being imposed by the State of Maharashtra on petitioners, who were pursuing their under-graduate courses in Maharashtra, it is only appropriate that the petitioners approach the Bombay High Court with their grievance.

The petition argues that the compulsory bond condition imposed on the petitioners to mandatorily serve the State of Maharashtra, while taking admission in the MBBS course, is a violation of the Information Bulletin for Counselling issued by Directorate General of Health Sciences in the years 2011 and 2013. It argued that Para 5 of the said Information Bulletin contemplates that the bond condition(s) prevalent in a State were not to bind candidates selected on 15% All-India Quota seats, as was held by the Apex Court in Anand S. Biji v. State of Kerala. It is asserted that at the time of admission, the State had acted contrary to the provision of the Information Bulletin and forced the petitioners to sign the compulsory bonds. However, the State had specified that the petitioners do not have to serve the government or any local hospital or any local authority for a minimum period of one year or to pay a fine in case of forfeiture, which was an additional eligibility criteria set out by the State of Maharashtra. Upon completion of their undergraduate course, the petitioners had made representations to the Director, Directorate of Medical Education and Research, Maharashtra requesting the State Government to release original documents submitted by them, while taking admission in the undergraduate course. On 25.11.2017, State of Maharashtra notified that the one-year rural service after completing MBBS course will be mandatory from the year 2018-2019. At present, the petitioners have completed their respective PG courses. The petition urges that the bond condition to serve the State Government for one year, on completion of medical PG courses, is wholly arbitrary.

[Case Title: Sanjana Pathak And Ors. v. State of Maharashtra And Ors. W.P.(C) No. 595/2022]

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