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(Guest)

Bond issue

I have taken admission in post graduation is Surgery at ESIC Andheri through All India Quota. There is a Writ petition (WP no. 12953/2015 & 18773/2015) pending in H'ble High court of Madras for the admission in this Academic year 2015-16. So I have been asked to sign an undertaking that my admission is provisional subject to outcome of writ petition. While taking admission I have asked to sign a bond with the institute else they were denying giving admission to me. This college is under central government so all the fees, stipend, bond is governed by Central govt. As other institutes in Maharashtra are under state government therefore they have their own rules and  regulations.

I am planning to resign from the ESIC Andheri but the college is saying that I have to pay the bond which is their in state. When with all knowledge I have not sign any bond of the state nor have been explained to me by the institute earlier.

I have forwarded my application to DMER Maharashtra seeking clarifications on the same but no reply from them as month has passed.

I am herewith providing the bond copy, institute details

Kindly help me out to sort this matter.



Learning

 8 Replies

Kumar Doab (FIN)     27 August 2015

After completing the course you have to serve the Central/State Govt for 5 years or else payment of Rs.7.5Lacs+ interest@15% is to be tendered. That is all there in the documents.

So if you resign you have to pay as agrred by you.

 

If you really want to have reply then pursue in person or by  reminders or thru RTI.

 

There is a mention of one Supreme Court Judgement.

Which judgment it is?

 


(Guest)

The bond clearly states that "Now thw consition of the above written obligation is that in the event the Bounden discontinues the study or after completion if the Post Graduate Course of study to which he/she was selected, fails to serve the Corporation for period of five years, the Bounden and sureties shall forthwith pay to the corporation on demand the total amount of Rs. &.5Lacs with interest @ 15% towards failure to fulfill the obligation"

To my knowledge this bond has both the components i.e; discontinuation of study and service bond.

If I am write then why college is forcing me to pay the seat leaving penalty decided by State DMER which is for PG admission under state through PGMCET.

Regarding H'ble Supreme court directions stating "Any additional State condition shall not be applicable to All India Quota candidates". "It is not open to any state to fix any additional eligibility criteria in cases of candidates who fall under the All India Quota."

Kumar Doab (FIN)     27 August 2015

You are right.

You had posted that "I am planning to resign......................." so it was assumed that you are in employment now.

Can you post the link to Supreme court directions/full judgment!


(Guest)

Sorry I am unable to find the exact order from that civil appeal case (1944/1993) of H'ble Supreme court of India. I cannot find what's their in the order of I.A.no. 9-13 precisely.

Please help me to know the exact bond status for me as I want to leave the college now and study for the exams rather than hoping for outcome of Writ Petition to go in my favour. Please help me out.

Kumar Doab (FIN)     28 August 2015

Various doctors associations can provide it.

IN any case whether you leave now or after study or during employment you have agreed to pay liquidated dmages,hence the ESIC shall chase you.

 

You can search it at Google, e.g:

 

https://www.google.co.in/?gfe_rd=cr&ei=xTfgVeCZCKbG8Ae5haqgDg&gws_rd=ssl#q=Supremem++court+of+india+civil+appeal+case+%281944%2F1993%29

 

Some of the work is to be doen by you.

If you are unable to handle on your own to show all documents and records  to an  able Labor Law Consultant/Service Matters lawyer/Law Firm, and proceed further after understanding merits and options.

Kumar Doab (FIN)     25 July 2016

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A. NO.16/2012 IN CIVIL APPEAL NO(s). 1944 OF 1993 ANAND S.BIJI Appellant (s) VERSUS STATE OF KERALA & ORS Respondent(s) 

 

https://mcc.nic.in/mccreg/ShowPdf.aspx?Type=E0184ADEDF913B076626646D3F52C3B49C39AD6D&ID=E6C3DD630428FD54834172B8FD2735FED9416DA4

 

 

Has been discussed at LCI many times.

 

Kumar Doab (FIN)     25 July 2016

@ atulit

It has been pointed out many times that you are not at all making any contribution in the thread.

You are only advertising.

panistefanin   27 October 2017

Excellent post. Thank you very much!!

safeswiss


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