Maharashtra: HC asks state govt to take sympathetic view on student penalty

Maharashtra: The case of a post graduate medical student at government-run V M Medical College, who is reported to have opted out of her course due to her deteriorating physical condition, has attracted favorable attention from the Bombay HC.

According to the rules, the 26-yr old student has to pay a penalty of Rs 20 lakh for her decision to opt out of the course mid-way. However, the court has directed the state government to sympathetically consider the case as these are circumstances beyond her control. In 2015 she secured admission for MD (Pediatrics) in the Solapur college through common entrance test.

A new rule was implied last year by the government known as the PGM-CET rules under which a PG medical student is required to pay a penalty of Rs 10 lakh if he/she quits the course before completing junior residency tenure and an additional penalty of Rs 10 lakh for "wasting a post graduate medical seat."

In her petition the student has implied that these rules are both arbitrary and unreasonable, as they do not take compelling circumstances, even medical conditions for cancellation of admission. It further says that the student suffers from a rare bone infection called infectious arthritis in her left knee due to which the growth of her left leg is hampered.

Her advocate has further argued on the premise that her client is required to work 18-20 hrs a day due to which her condition has worsened after joining the course. She started experiencing acute pain in her right leg also, besides the worsening of the condition of her left leg.

She was later compelled to take leave as she could not even walk few steps. She was shifted to the general ward after resuming duty as the workload remained the same, and was not able to cope with it. She again took a leave, and has practically attended only two out of the four months of the academic session.

TOI reported that the bench, in their order said, said they will not go into the merits of the matter. "We are of the view that the case of the petitioner has to be considered sympathetically," noting that Ginni has agreed to appear before a medical board. The judges directed Ginni to report to the competent authority under the PGM-CET rules within two weeks from today and appear before a medical board as directed by it.

The competent authority has been directed to consider all the material on record including the medical board's report and decide "whether the amounts payable can be waived off" by June 13. If the CA is "not empowered to take a decision it is directed to place the matter before an officer of the government." The college has been directed to return her original certificates to her.