Regarding compulsory bond during medical post graduation course
bhupendra
(Querist) 16 September 2013
This query is : Resolved
Sir,
I have completed my MD( Community Medicine). at the time of admission mp govt asked me to sign a bond of rs 10 lakh to serve compulsory rural service for 1 year and they deposited all my original documents. they say that i will get my documents only after i complete the bond.without signing the the bond they denied the admission despite i have cleared the MP Pre Pg exam and i was in merit. Do govt or college has any right to keep my original documents?
Sir, i would like to know that is it this bond legal and isnt it violation my right to work? under which article and section of indian constitution it is legal? what about my fundamental rights? doesnt it come under bonded labour because govt is not paying salary but its written that i will be paid ( parishramik) per month. can u guide me please sir.
thank you
Kumar Doab
(Expert) 16 September 2013
The issue raised by you has been perturbing
many.
>>>>Retention of Certificates has already been declared illegal by judgement of the court of law e.g;
you may go thru;
http://www.indiankanoon.org/doc/1028571/
http://www.lawyersclubindia.com/forum/Help-Service-bond-causing-unemployment--85093.asp#.UjbNaNKAqWM
Madras High Court
Dr.S.Rajesh vs The State Of Tamil Nadu on 12 December, 2008
Dated : 12-12-2008
24. Issue No.3: Insofar as the Government order in G.O.Ms.No.215 Health and Family Welfare Department dated 12.7.2007, ordering retention of PG Degree/Diploma Certificates till the completion of two years of service, the contention of the learned counsel for the petitioner is well founded.……………… ……………………………….If for any reason petitioners are not willing to join, the respondents can only demand the said amount and therefore the condition to retain the certificates till the completion of two years of service is arbitrary and irrational.
25: 4:
The Government though not accepted the said suggestion to retain the certificates, the petitioners are not given the certificates till date, which is an unauthorised action on the part of the Deans of the Government Medical Colleges.
26. This Court in W.P.No.12885 to 12887 of 2008, etc., batch, by order dated 20.11.2008 considered similar issue with regard to retention of certificates/documents from the PG students. In the said order this Court held that such condition is not contemplated under the terms and conditions of the bond and therefore the respondents cannot retain the certificates and direction was issued to return the certificates individually by the
respective Dean of the Medical Colleges, within a period of two weeks and if the conditions of bonds executed is not complied with, it is open to the respondents to enforce the conditions of the bonds in the manner known to law. Thus, it is clear that the Government Order imposing the condition not to return the original certificates of the petitioners till the completion of two years of service in the Government Institution as per the bond, is illegal and the same is declared as invalid.
30. In fine, all the writ petitions are disposed of on the following terms:
(1) The PG Degree/Diploma Holders, who applied for their Degree/Diploma course through All India Entrance Examination for selection to All India Quota seats and admitted to Tamil Nadu Government Medical Colleges are not bound by the terms and conditions issued by the respondents through their prospectus. Even if any candidate executed bond, it will have no effect since they have not applied for admission under the
impugned prospectus.
(3) No PG Degree/Diploma Holder shall be denied of their certificates in original on their completion of their course as the respondents have no jurisdiction to retain their certificates and the respondents are directed to return all the certificates of the petitioners within two weeks from the date of the receipt of copy of this order.
> You may also go thru;
M. Sham Singh v. State of Mysore:
‘reiterated his assurance that he would place his services at the disposal of the Government on his return provided a suitable position was available.’
> If you wish and if your lawyer approves you may evaluate the merits with wise counsel of your lawyer:
-Indian Penal:Section 403 [DISHONEST MISAPPROPRIATION OF PROPERTY],406[CRIMINAL BREACH OF TRUST:]& 420 [CHEATING:].
For retention of Original Certificates & Mark List by the Employer
Indian Penal Code: Sec 368 : if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land.
If he Institute acts in the manner of a bank granting loan against security it may not work. The act of retaining original pass certificates by Colleges (as a collateral/security) has also been declared illegal ……………
> As per ILO checklist to identify forced labour in practice one of the activity is " retention of identity documents or other valuable personal documents or possessions by employer"
Combating Forced Labour:
Definitions and concepts
Forced Labour
Menace of any penalty: This can refer to criminal sanctions as well as various forms of coercion such as threats, violence, THE RETENTION OF IDENTITY DOCUMENTS,
Forced labour and the global economy
II
Coercion in employment: This refers to the many forms of deception and coercion in employment that can amount to forced labour under specific circumstances. Withholding or non-payment of wages, the retention of identity documents,
Valuable advice of learned experts/members is sought.
ajay sethi
(Expert) 16 September 2013
as on date no doctors are willing to work in rural areas . GOvt subsidies your MBBS, MD education expenses . hence you are required to serve 1 year in rural areas . if you dont want to serve in rural areas pay the GOvt actual costs of doing the course . it does not amount to bonded labour
Rajendra K Goyal
(Expert) 16 September 2013
Agree with expert ajay sethi ji, you should not have signed the bond, signing the bond implies that you agree to the terms and conditions of the bond agreement. You may pay the Bond amount and work at your wish.
R.K Nanda
(Expert) 16 September 2013
nothing to add.
Kumar Doab
(Expert) 16 September 2013
Mr. Sethi has given valuable advice and has indeed expressed the heartfelt feelings of one and all.
If no one serves in the rural areas then who will tend to the sick and diseased in these areas? They are also citizens of our republic.
Majority of the citizens have roots in rural areas and still have property and relatives there. The people in these areas give lots of respect to Doctors and care for them.
In business language for the cities rural areas are feeder markets.
The contact developed during rural posting fetch long lasting results. We have seen doctors establishing their practice in such areas, becoming leading doctor and earning excellent amounts as compared to their counterparts in cities. These doctors also keep on adding to knowledge b attending CME’s, workshops……………….
1 year is not that long period. It is reasonable. Since majority of the specialists do not want to serve this is the route applied by the govt.
Bond;
The above mentioned judgment is illustratious and dealt with the issue of ‘Retention of Original Certificates’ and to a good extent Bond as well. There might be many other judgments relevant to your case.
e.g;
26.” if the conditions of bonds executed is not complied with, it is open to the respondents to enforce the conditions of the bonds in the manner known to law. “
{So the Bond may have to stand the test of law. While the state proceeds to enforce the bond or the candidate agitates against the bond it is the pleasure of the lawful authority, court of law to decide on the reasonableness of the matter and reasonable amounts if any…………….}
30 (1):…………………………….. who applied for their Degree/Diploma course through All India Entrance Examination for selection to All India Quota seats………………………………………………are not bound by the terms and conditions issued by the respondents through their prospectus. Even if any candidate executed bond, it will have no effect since they have not applied for admission under the impugned prospectus.”………….
{The candidates selected under the All India Quota seats have been freed from the clutches of the Bond and the candidates who have not applied as per the said Prospectus are also relieved from the Bond.}
Some states do not impose Bond, e.g. Delhi, Punjab etc. Does state of MP charge less or equivalent or more fee as compared to these states? Or does it give more subsidies in fee?
As per your post your state which is probably MP does impose Bond.
As per your post during the period of rural service you shall not be paid Salary but ‘parishramik’ which is perhaps: REMUNERATIVE or Consolidated compensation or STIPENDIARY………………………
You may check if there is clear relationship of Employer-Employee vide the appointment order issued to you and you would be eligible for the benefits which other servants of the govt are eligible including PF, Gratuity etc…………………….
You must be having the copy of the prospectus which might be similar to the one available at the Govt website:
http://www.vyapam.nic.in/Rulebooks/RB_2012/PPG_2012.pdf
9. Selection Criteria :- (In Service Candidate)
(1) Medical Officer
(b) Other in-services candidates who have completed 5 years of service by 30 April, 2012 will be eligible. Such candidate will have to execute a bond for serving the State Govt. in the notified rural areas for at least 5 years, after completing Post Graduate degree and 3 years for diploma course. As per Government Instruction the bond is Rs.10.00 Lac. for post graduate degree and Rs.8.00 Lac. for Post Graduate Diploma courses.
12. Fee, Bond etc. :-
Selected candidates except In-service/Demonstrator, non-service candidates will have to submit a Bond as per Government instructions i.e. Rs.10.00 Lac. for postgraduate degree and Rs.8.00 Lac. for Diploma courses for serving under the State Government for 1 years after completing PG degree / Diploma Course. All Deans of autonomous colleges will provide the list, to the Commissioner, Health Services, of candidates who are appearing for University exams from their institute at least three months before the start of examination. They will also provide list of successful PG candidates. The Commissioner, Health Services will issue appointment orders to such successful candidates within three months after declaration of the result, failing which the Bond filled by candidate will automatically be deemed as cancelled. However, such Doctors will have to work under the State Govt. as directed.
{If there is no appointment order issued within 3 months Bond shall be deemed as cancelled. You may also go thru other conditions as well e.g………………….}
However as per order no. F-4-7/2010/1/55 dt. 28.8.2010 Ministry of Medical Education Govt. of M.P., the U.G. /P.G. student who have been selected in autonomous Dental/Medical colleges on the post of Asstt. Prof/S.R./J.R./Demonstrator, will be exempted from the rural service bond /notified areas service bond, on the condition that they will serve the institution in which posted for the duration equivalent to the bond period.
Candidate leaving the job before completion of above duration will have to serve in Rural/Tribal Area for remaining period.
13 Fee Structure: Every Candidate including In-Service/Demonstrator Candidates shall have to pay regular fee as detailed below :-
1. TUITION FEE (Degree) Rs.35,000/- Per Annum.
2. TUITION FEE (Diploma) Rs.35,000/- Per Annum.
3. HOSTEL FEE Rs.10,000/- Per Annum.
4. STUDENT FUND Rs. 500/- Per Annum.
5. CAUTION MONEY (Refundable) Rs. 3,000/-
6. SECURITY DEPOSIT (Refundable) Rs.10,000-
{You would have paid the full fees as advertised without any support or loan or sponsorship for the fee.}
Still if you are unwilling to serve in rural areas you may approach a competent and experienced lawyer specializing in such matters and show the documents including but not limited to advertisement, prospectus, bond, any other relevant document………………….and your lawyer can examine the merits in your case and defects in the case of the government and state…………………….and opine the options available to you.
You may choose wisely the most suitable option as deemed fit at your end.
bhupendra
(Querist) 16 September 2013
Thank You Respected Experts for your help. Sir, i am not against working under bond. i have already started working. i was just curious about the matter so i put it in front of you. thanks a lot again. My only concen is that govt should provide basic facilities and working conditions for eg housing. thanks again Sir.
Kumar Doab
(Expert) 16 September 2013
Dear Dr. Bhupendra,
It is heartening to note that you have taken the situation with open heart and mind and have joined in area of your posting.
Take your posting in positive stride.
You shall find that the experience shall be enriching: professionally and individually.
There are doctors/surgeons those who have given new dimensions to their practice and specialty e.g; rural surgery………………
You are young and have passed out from institution with knowledge of latest techniques and must have attended to thousands of patients during Post Graduation.
As you would have noticed that the sick and diseased in rural areas need doctors like you.
The brains in the corporates are actively looking at rural areas for expansion of their business.
Likewise the corporate hospitals are also looking at such markets.
It takes time to settle the practice and smart doctors know it.
Many of the state govt. has introduced insurance schemes for such areas so that they are able to afford the treatment in the hour of need.
.
Many of these areas and their inhabitants are resourceful.
We have seen many incidences when thankful, obliged, and resourceful villagers have helped many…………………………
Te ministers, politicians at times take good care of doctors working in their constituencies.
There are many states e.g; Himachal Pradesh that has provided housing to doctors and paramedical staff, peon etc within the PHC. This helps both doctor and villagers………………………
The CM of your state has been doing good work. Doctors have their own associations, unions…………………………….
Put up the matter and requirements thru these and hopefully govt. shall do the needful.
Best Wishes.
