The Gujarat High Court has ordered the state government to release documents of doctor students enrolled in super-speciality courses that had been withheld by their respective medical colleges due to the students has not furnish bond of Rs 50 lakh. The HC clarified that the government should release the documents in lieu of the contesting students’ deposits of Rs 15 lakh each.
Petitioner Krishan Lalsingh Yadav and other students had challenged the state government’s decision to withhold the original testimonials under resolutions passed on May 26, 2014 and October 13, 2014. According to the resolution, medical students who have completed super speciality courses after graduation must either serve in government hospitals for three years or submit bonds, bank guarantees, or provide security of immovable property worth Rs 50 lakh.
According to the students’ lawyer, the government did not implement the resolution when the students enrolled in 2018. Furthermore, previous administrations did not insist on this. They enrolled in medical schools under the All India Quota, and if the government had insisted on bonds or bank guarantees of Rs 50 lakh, they would have chosen to enrol in medical schools outside Gujarat state, where no such conditions are imposed.
It was also submitted that there is no rule or provision under any law which authorises the government to withhold original testimonials of the petitioners after they complete their study of super specialty course on the ground that bonds and bank guarantee of Rs 50 lakh if they are not willing to serve in government hospitals in the state for three years.
After hearing the arguments, Justice Bhargav Karia issued an interim order that the documents of students should be returned back till the final outcome of the case. The court held that it would be unjust if the original testimonials are not released to the students, as in that case they would be deprived of their legitimate right to carry on their profession and or pursue further career options.
However, the judge imposed certain conditions on the students, including providing a bank guarantee of Rs 20 lakh. However, the students have appealed the order to a two-judge panel. During the case hearing, all students except two agreed to pay a deposit of Rs 15 lakh in lieu of returning their testimonials. The court then ordered them to deposit the money in the HC registry, which will put it in a fixed deposit for one year, and the single judge will hear the government and students on the merits of the case.