Bengaluru: Granting temporary respite to 27 MBBS graduates of the ESIC Medical College and PGIMSR (ESI Medical College), the Karnataka High Court has allowed them to appear for the Post-Graduation (PG) entrance examinations ( PG NEET) without paying the obligatory amount to the medical college for breaking the service bond.
In doing so, the HC has overturned its earlier order where another HC bench in September directed the 27 MBBS graduates to furnish a bank guarantee of Rs 7.5 lakh each to the medical institute to get their course completion certificate and other documents, which were submitted at the time of the bond agreement.
At the time of the MBBS admission in the ESI Medical College, the medical students have to sign a compulsory service bond and submit all the certificates of their previous exams. The bond states that the MBBS medicos will only get their certificates from the medical college after they complete the mandated 5 years service within the ESI hospital. Alternatively, if the medicos need to get their certificates back before the completion of the stipulated period, they would have to pay Rs 7.5 lakh to the medical college as the penalty.
According to the Mirror, these 27 MBBS graduates refused to serve the mandated 5 years at the ESI Hospital after completing the UG medical course and wanted to pursue Post-Graduation. The court had directed them to give a bond and undertaking till their challenge on the 5-year service was decided by it.
However, to write the PG entrance examinations, they needed their documents, hence they moved the court again seeking direction in support of the retrieval of their documents.
Contending that the MBBS graduates will be issued certificates only if they file an affidavit that they are receiving the documents only for appearing in PG entrance examination, the ESI Medical College as well as Karnataka Medical Council (KMC) submitted to the court, “The no-due certificate issued to them for appearing for the PG exam will not mean that they do not owe any amount to the KMC and the college. If the court rules in favour of the college and KMC in the original case, they are liable to pay the bond amount.” The HC obliged to the same.
Hearing all the contentions, the HC directed the ESI medical college and KMC, “to return the course completion certificate, internship completion certificate, no objection certificate for KMC registration, no dues certificate, study certificate, conduct certificate, MCI recognition certificate, pass certificate, academic certificate, bonafide certificate and attempt certificate,” to those MBBS students who furnish an affidavit that these are for PG entrance examination on December 12, reports Mirror.
The HC further directed,
“The appellants shall also state in the affidavit that they shall pay such amount as per the bonds furnished by them subject to the result of the Court proceedings.”
The bench also directed the single judge who is hearing the original petitions to complete the case within four weeks.