The Patna high court on Wednesday ruled that three years’ service bond imposed by the Bihar government on postgraduates (PGs) from state-run medical colleges would not be binding on those already employed in Central government departments, its corporations or other authorities even if they took admission under state quota through the NEET (National Eligibility-cum-Entrance Test).
A single bench of Justice Sanjeev Prakash Sharma ordered release of educational documents of Dr Santosh Kumar, one of the petitioners and chief medical officer at ESIC Medical College and Hospital, Bihta, while disposing of an interlocutory application and writ petition on the issue.
The court said the state government was entitled to put a condition or bond to the state quota and PG students for doing government service after they have completed their PG course. “However, such service would be with respect to the same organisation where they were working prior to joining the PG course,” the judge said.
Dr Kumar has been selected for DNB course in ophthalmology at the ESIC Model Hospital, Noida, Uttar Pradesh. He completed his two-year PG diploma in ophthalmology from the Patna Medical College Hospital (PMCH) between 2019 and 2021, but the college had withheld his documents against the bond.
Dr Kumar had challenged Bihar government’s condition for executing the bond of serving it for three years or pay ₹25 lakh, on the ground that the petitioners were candidates admitted under the in-service quota while working with the Central government or its other authorities or corporations like SAIL, ESIC and CGHS (Central Government Health Scheme). They had joined the PG course after obtaining study leave on the condition that they will return to their respective organisations on completion of the course.
“The Bihar government’s policy is flawed. It expects candidates working in central government or its PSUs and taking admission in its medical colleges on PG seats under state quota to quit their regular job and serve a service bond of three years in Bihar, with no guarantee of employment after completion of the bond period,” said Dr Kumar.
“As many as 20-25 such candidates had filed separate petitions in the HC in this regard. The order will affect all of them working in the Central government or its undertakings,” said Prabhakar Singh, an advocate for co-petitioners in a similar case.
