Justice Chief Amreshwar Pratap Sahi and Justice Senthilkumar Ramamoorthy were informed by V.P. Raman, legal adviser for the MCI (replaced by the National Medical Commission since 25 September), that the recommendations were given to the Centre in July, after consultation with representatives of governments from 19 states. The MCI had formed a commission that adopted a single borrowing policy, in accordance with The Supreme Court`s instructions in 2019. In the decision on a case involving the Association of Medical Super Special Aspirants and Residents and Residents and the Centre, the Tribunal stressed the need for uniform terms of engagement. The opinions were presented during the hearing of several petitions written by doctors who took PG and diploma courses under the AIQ at Tamil Nadu`s public medical universities between 2012-13 and 2015-16. The government has not provided jobs in public hospitals in accordance with the terms of the loan, nor has it returned its certificates of origin. The Medical Council of India (MCI) informed the Madras High Court that it had recommended a uniform procedure followed by all states for the execution of obligations issued by medical students who agree to serve public hospitals for a certain period of time in exchange for highly subsidized education in public institutions. Judge Sahi, who disapproved of the government`s action, said in his 166-day ruling that the government should have offered jobs to petitioners within the two-year loan period. Otherwise, the bonds would become unusable and all their initial certificates would have to be returned immediately, he ordered. Governments must hire candidates for public service within three months of the end of the internship, otherwise the obligations would be terminated. In addition, those who opt for defence services must be exempt from the mandatory obligation.

For PG students, the duration of the loan should be limited to a maximum of two years for candidates for state quotas and one year for candidates for the AIQ. Their fixing values should not exceed 20 Lakh or 15 Lakh. With regard to special super-courses, the Committee recommended a joint borrowing policy of two years and 20 lakhs. As a result, the panel recommended that the duration of the requirement for MBBS candidates should not exceed one year and that the value of the loan should not exceed 10 Lakh for those admitted under the All India quota (AIQ). The value of the loan alone could be increased to a maximum of 15 Lakh for students admitted to the public quota. After one year of borrowing, applicants may be allowed to remain in office for one year. Although the petitioners claimed that the state government had no right to demand the performance of obligations by AIQ candidates, First Division Bench rejected the allegation. The judges said that those who had signed the bonds before the course arrived could not challenge the validity of the same obligations after the course closed. “The idea of forcing public hospitals is neither unfair nor against students. It serves a benevolent public purpose, namely that state citizens be able to obtain the best medical care,” the bank said, adding that the state was also required to provide the best facilities for medical students.

Share →