Government demanding bond for superspeciality
Dr.S.Manohar
(Querist) 15 August 2015
This query is : Resolved
dear sir,
my son was selected on merit for Mch plastic surgery in MMC tamil nadu(non service).The government is asking to execute a bond for five years after completion of the Mch course to work in govt service with salary on par with any fresh recruits (equvalent to MBBS) they insist to deposit the MS degree certificate and all other certificates including 10th mark list. They also ask three surities to sign the bond one from spouse another by parent and another by non blood relative.They also insist in providing copy of propery equivalent to the bond amount. The bond is for 25 lakhs.In case if the candidate does not want to work they demand 25 lakhs along with stipend amount received with interest. Is it under law to hold students selected on merit as bonded LABOURS..In fact government hospitals are functioning mainly on pgs hard work. how could the impose such slavery rules when on one hand government is all againt bonded labour. is this kind of bonded education exists in any other streams of education such as engineeering, law etc.Do any other sreams of education students work and help in running of the insitution? Moreover when there is a government ruling that cerificates should not be withheld , how can GOVT add these terms in the bond? does is not tenamount to disrespecting court's verdict?
Dr.S.Manohar
(Querist) 15 August 2015
Can we on the basis of court verdict that certificates should not be with held, not sign the bond because the bond clearly says that the certificates will not be given unless the bond is complied with.
P. Venu
(Expert) 16 August 2015
It is not lawful to demand and keep certificates as security. However, the bond demanded is matter of public policy. This could be assailed only if it excessive or unreasonable.
Kumar Doab
(Expert) 16 August 2015
Probably you mean to mention that there is no sponsorship/concession to your son (non service). So why Bond?
The issue raised by you has been perturbing many.
The doctors associations have taken up such matters and have contested on it.
There are many threads on similar queries at LCI on both forum/Experts sections that you can search e.g;
http://www.lawyersclubindia.com/forum/Help-Service-bond-causing-unemployment--85093.asp#.UjbNaNKAqWM
http://www.lawyersclubindia.com/experts/Regarding-compulsory-bond-during-medical-post-graduation-course--423201.asp#.VdAnEbV-jMo
After the judgments by courts of law and directions by court to 'Dean' the practice of collecting original certificates may indeed amount to contempt of court.
You may consult doctor's association leaders,IMA,MCI,and your own able Labor Law Consultant/Service matters lawyer/Law Firm and spend quality time before you proceed further.
Kumar Doab
(Expert) 16 August 2015
Repeated;
http://www.lawyersclubindia.com/experts/Government-demanding-bond-for-superspeciality-554116.asp
Kumar Doab
(Expert) 16 August 2015
Repeated:
http://www.lawyersclubindia.com/experts/Government-demanding-bond-for-superspeciality-554121.asp
Rajendra K Goyal
(Expert) 16 August 2015
Since Government is spending a lot in medical education, it is justified in taking Bond till it is declared illegal by competent court.
Practically, if the person go to court after taking admission, professors / institution may harass him and he may not be able to complete specialized education easily.
If you wish, you can challenge the custom. Consult senior High Court Lawyer.
R.K Nanda
(Expert) 16 August 2015
no more to add.
Dr.S.Manohar
(Querist) 16 August 2015
thanks all the learnewd experts. As per the bond the the wordings are his/her certificates relating to the course will not be given unless the party of first part successfully completes the bond period of-------years or pay to the government of tamil naduand assigness (hereinafter called The Government)on demand the sum of Rs-----.which i feel is against court verdict already given. they cant put a clause relating to certificate. they have already got in custody the earlier-MBBS, MS CERTIFICATES WHICH ALSO OUGHT TO BE RETURNED.
THE UN REASONABLE PART OF IT IS THAT AFTER COMPLETION OF SIX YEARS OF SPECILIZATION AFTER MBBS IF THESE DOCTORS WILL BE TREATED ON PAR WITH FRESH RECRUITS OF TAMIL NADU GOVT SEVICE, WHO WOULD OBLIGE?
Dr.S.Manohar
(Querist) 16 August 2015
THE GOVT WANTS THREE SURITIES.ONE SPOUSE , ONE PARENT AND ONE NON BLOOD RELATIVE. SUPPOSING IF THE STUDENT IS UNABLE TO FIND ONE WHO COULD SIGN AS SURITY FOR 25 LAKHS WHAT COULD HE DO?
Dr.S.Manohar
(Querist) 16 August 2015
THE SAME GOVT IS ALSO SPENDING A LOT ON ENGINEERING AND MANAGEMENT STUDENTS. IN FACT GOVT HOSPITALS RUN BASICALLY ON POST GRADUATES HARD WORK. WHO COULD IMAGINE ALTERNATE DAYS 24 HOURS DUTY? THE IIT AND IIM GRADUATES AFTER RECEIVING EDUCATION ON GOVT EXPENDITURE FLY OFF WITH HEFTY OFFERS TO FOREIGN COUNTRIES.IS THERE ANY BOND TO HOLD THEM? WITH SUCH UNJUST CLAUSES.
Kumar Doab
(Expert) 16 August 2015
You have initiated 2 other threads at:
http://www.lawyersclubindia.com/experts/Government-demanding-bond-for-superspeciality-554121.asp#.VdBPjbV-jMo
http://www.lawyersclubindia.com/experts/Government-demanding-bond-for-superspeciality-554126.asp
It shall be better if one thread is continued.
Kumar Doab
(Expert) 16 August 2015
If the jurisdictional court has decided that original certificates can not be withheld then even if such condition is retained in prospectus it may not be of any consequence.
Anirudh
(Expert) 16 August 2015
Dr. Manohar,
Pl. clarify whether these conditions were there in the prospectus or not.
Kumar Doab
(Expert) 16 August 2015
The experts are requested to advise in this thread.
You have posted that:
“my son was selected on merit for Mch plastic surgery in MMC tamil nadu(non service).”
“THE GOVT WANTS THREE SURITIES.ONE SPOUSE , ONE PARENT AND ONE NON BLOOD RELATIVE. SUPPOSING IF THE STUDENT IS UNABLE TO FIND ONE WHO COULD SIGN AS SURITY FOR 25 LAKHS WHAT COULD HE DO?”
Everyone in an establishment has to subscribe to the doctrines of his/her employer.
There are very few individuals who would stand up to counter the wishes of his/her masters.
Hence the authority that has to scrutinize the admission forms and enclosures would certainly decline the admission in such case, even if candidate is listed in merit list.
Here the decision to delete the conditions is probably to be taken up by Secretary –Medical Education. It seems to be state subject hence the state govt. is to be persuaded OR court of law is to be approached again.
“WHO COULD IMAGINE ALTERNATE DAYS 24 HOURS DUTY?”
This is inhuman. There lurks the danger of risking precious human life of self and patients.
The doctor has to live a dedicated life. However it is not a case of tragedy everyday.
Obtain duty roaster even if thru RTI.
The teachers/professors have nothing to loose, since they don’t have to work like PG’s for 24 hours.
“THE IIT AND IIM GRADUATES AFTER RECEIVING EDUCATION ON GOVT EXPENDITURE FLY OFF WITH HEFTY OFFERS TO FOREIGN COUNTRIES.IS THERE ANY BOND TO HOLD THEM? WITH SUCH UNJUST CLAUSES.”
You have touched a raw nerve.
The media can also play an imp. role.
The doctor’s associations are a good platform to rake up such issues.
You seem to be determined.
You may consult your own able Labor Law Consultant/Service matters lawyer/Law Firm and spend quality time before you proceed further.
You may wait for the advise of experts.
Guest
(Expert) 16 August 2015
Well Attended and Well Explained Excellently By Mr.Kumar Doab.Nothing to Add More as Advised by Expert Mr.R.K.Nanda.
Dr.S.Manohar
(Querist) 16 August 2015
THANKS A LOT FOR THE LEARNED EXPERTS IN SPARING YOUR VALUABLE TIME AND PROVIDING ME APT ADVISE.
Kumar Doab
(Expert) 16 August 2015
There are few points that may still come up and discussed.There is lot of scope for discussion in this thread, that can help everyone.
Certainly the experts from Tamnilnadu can post more and meaningful inputs that shall benefit one and all.
Without any doubt the the author may get in touch with senior lawyers in High Court in Tamilnadu, associations and like minded individuals.
The effort shall be worth it and can certainly fetch relief and results.
Dr.S.Manohar
(Querist) 17 August 2015
Thanks
Mr. Kumar Doab, I shall do my best do get justice. This practice is there all over india both for Post graduationMD/MS and super specialitiesMCh/DM, except in Delhi. My question is why only medical students?? Why don't the govt uniformly apply it to all streams? Brain drain is mostly from IIT s & IIM s . Govt can not apply butter in one eye and milk of calcium in another eye. (Tamil proverb)
Guest
(Expert) 17 August 2015
Milk is an Excellent Source of Dietary Calcium for those whose bodies tolerate it because it has a high concentration of Calcium and the Calcium Milk is excellently absorbed.
Dr.S.Manohar
(Querist) 17 August 2015
What I meant by milk of calcium is CaCO3.
Calcium carbonate. In tamil we call it sunnambu. The paste of Which is pearl white and resembles butter. If applied to the eye your cornea will burn out and you'll lose vision. If injustice is done to brothers of the same family, they will categorically state that you are applying butter to one eye and sunnambu to another eye.This is for the kind clarification of N.J.S.RAJ KUMAR alias Narasimha who has inserted sharp vel in an inflamed wound. In tamil we call it ventha punnil vel paychuthal.
