Ahmedabad: Not satisfied with the single bench order of the Gujarat High Court, an MBBS graduate of GMERS from GMERS (2015 batch), who sought legal help after the Government had earlier withheld documents saying that he should either pay Rs 2 lakh towards bond amount or serve in the rural areas for two years, has approached the division bench.
The student has submitted that he had never submitted the bond and he was not bound to discharge any obligation to this effect.
While considering the plea, a division bench of the High Court comprising of Chief Justice Aravind Kumar and Justice Mauna Bhatt has issued a notice in the matter to the State Government. However, the bench has also clarified that as per the court's view MBBS doctors who pursue their education in Government medical colleges should serve in rural areas, reports TOI.
"This court has consistently taken the view that MBBS doctor, who got admitted to the said courses are bound by duty to serve in rural areas," the bench noted as it denied granting any interim relief.
The matter would now be considered after the Diwali vacation. However, the Court has granted permission to the petitioner student and his father to approach during the vacation if they find it necessary.
Previously, the student, who wants to move abroad for further studies, had approached the single judge bench as the college management had not returned his original documents including the mark sheet on the ground that he didn't comply with the bond service terms.
had earlier reported that at that time even though the single judge bench comprising of Justice Karia had directed the Government to return the documents, it had also detested the practice adopted by few medical students who choose not to serve in the rural areas after completing their studies and move abroad instead.
"It was a pious duty on part of the student to render service to the government, to pay back the obligation he has undertaken by paying back to the society or to pay the money for not rendering his services in order to pursue his education abroad. By taking advantage of education facility available in the country and then fleeing abroad without rendering any service to this country is deprecated," the bench had noted at that time.
Citing a Supreme Court order, the High Court bench clarified that rendering services to the Government after the completion of the MBBS course was not unreasonable. In fact, the petitioner's contention that the student had studied from a private medical college was not a ground for escaping rural service, the court opined.
The Court further denied believing the fact that the student was unaware of the bond condition even after he had studied for five years.
However, the Court was also against interfering with the Government's decision over the bond and the bench had clarified that the government was entitled to recover Rs 2 lakh for the bond.
Also Read: Fleeing from India after MBBS studies without rendering service is deprecated: HC
Aggrieved by such a decision of the single-judge bench the student and his father approached the division bench and they argued that as the student had never submitted the bond he was not bound to discharge any obligation for the same.
Although the division bench issued notice to the State regarding the matter, noting that the issue involves the payment of the bond amount, which the student is unwilling to pay, the bench was quoted saying by TOI, "You are a doctor who has studied in a government medical college through a quota seat. This court has consistently taken the view that MBBS doctor, who got admitted to the said courses are bound by duty to serve in rural areas."
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