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Withholding Documents of Medical Student for Not Serving in Rural Areas & Enforcing Exorbitant Bond Unjustifiable: Gujarat HC

Withholding Documents of Medical Student for Not Serving in Rural Areas & Enforcing Exorbitant Bond Unjustifiable: Gujarat HC 

17.11.2021 | Education News | EduLegaL  | www.edulegal.org | mail@edulegal.in

The High Court of Gujrat in Rajesh Manibhai Patel & 1 other vs GMERS Medical College Himmatnagar Through Dean and Additional Dean As I/C Dean & 2 Other(s)-R/LETTERS PATENT APPEAL NO. 990 of 2021 – the court directed the respondent to furnish the withheld documents of the petitioner – a medical student for failing to pay the bond amount of Rs. 2,00,000/- Further, the court urged the authority to not indulge in petty disputes and act in line with the idea of being a welfare state.  

The Bench of Chief Justice Mr. Aravind Kumar and Justice Mr. Hemmant M. Prachchhak held: 

“We also make it clear that documents being furnished by respondents No.1 and 2 to the appellants without prejudice to their rights and the appellants shall also pay the amount of Rs.3,500/- without prejudice to their contentions raised in this appeal and all contentions of both parties are kept open.” 

The appellant, the father of student Neel Rajeshbhai Patel, appealed from the order arising out of the original petition-R/SPECIAL CIVIL APPLICATION NO. 12640 of 2021, wherein the court ordered that the documents of the appellant, a medical student who had neither served in the rural areas nor paid the bond, will be handed over only on payment of the bond amount of Rs.2,00,000/-.   

The petitioner (appellant in the present case) had filed a petition praying for the release of certain documents of his son submitted for the MBBS admission in the year 2015 to the medical college run by Gujarat Medical Education Research Society (GMERS), Himmatnagar. Along with the release of documents the petitioner had also prayed for release of the certificate of internship which was required for registration as a doctor. 

Perusing the case, the Bench addressed the counsel and said: 

“You want to scuttle the future of a candidate? Do you know this boy may one day become a Nobel laureate? He may become anything. You should be a welfare state, you are a medical college, (and) you should rise above all this… Suppose we accept all your contentions and direct him to pay the bond amount. He will pay the bond amount, (but) can he get back that one year?” 

In conclusion, the court asked the medical college to act as welfare state, not prejudicing its duty. The matter is scheduled for hearing on November 17, 2021.  

Rasmita Behera | Research Intern | EduLegaL

Swapna Iyer | Legal Editor | EduLegaL

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