Sunday, December 14, 2008
Chennai: Settling all questions relating to the status of post-graduate medical students, “bond conditions” and “detention” of their certificates, the Madras high court has said the government cannot impose the bond conditions on students admitted under the all-India quota.

Justice N Paul Vasanthakumar, disposing of a batch of writ petitions, said students who occupied the all-India quota seats need not serve in compulsory temporary government service for three years. They also need not pay Rs 2 lakh or Rs 3 lakh as compensation to the government, in case they choose not to serve in government establishments for the stipulated period.


But the non-service students, who were admitted under the state quota and had availed themselves of stipend and a subsidised rate of fee, are bound to comply with the bond conditions under which they got admissions, the judge ruled. “If they are offered posting, and if they are not willing to join, they have to necessarily remit a sum of Rs 2 lakh or Rs 3 lakh, as the case may be, to the government.”

Concurring with the submissions of advocate A Palaniappan, Justice Vasanthakumar noted that the binding nature of instructions to candidates was well-settled. He said: “It is beyond doubt that the prospectus is the rule of selection, which is binding on the parties. Thus, the students admitted under the non-service state quota, other than all-India quota, are bound to comply with the conditions.”

Disapproving of detention of certificates of PG doctors, the judge said, “The bond condition nowhere stipulates retention of diploma/degree certificates or any other certificates.” He pointed out that the candidates had joined the course before the government order which provided for “retention” of certifications.

Justice Vasanthakumar, citing an earlier order passed by Justice K Chandru, said retention of certificate was illegal and invalid.

Earlier, advocate Palaniappan had argued that candidates admitted under the all-India quota had not applied for admission as per the prospectus issued by the Directorate of Medical Education. So the clause which provided for compulsory temporary service or compensation, would not apply to them.

Additional advocate-general S Ramasamy, however, said the doctors could question the clause after having accepted the terms and conditions of the bond, joined the course and completed it. As they had enjoyed a subsidised rate of fee, they are obliged to serve the rural poor for a stipulated period.