SC frowns upon mandatory condition of states on MBBS students to serve in remote areas

New Delhi: The Supreme Court on Wednesday frowned upon states imposing on All India Quota MBBS students a bond to serve in the remote areas after completion of their medical courses and likened it to bonded labour.

A bench of Justices Surya Kant and N Kotiswar Singh made the remarks in view of Uttarakhand High Court upholding a 2009 policy of the state, which mandated the All India Quota students pursuing medical colleges in the state to sign a bond and serve the "inaccessible" and "extremely inaccessible" areas for five years in lieu of subsidised fees.

"The students who have qualified in the All India Quota are more meritorious than those admitted under the state quota. How can these talented and meritorious people be treated like bonded labourers?" the bench observed.

The Uttarakhand government said it was a voluntary bond, where those executing were allowed to complete the course on subsidised fees, while those not executing the bond were charged higher course fees.

The state counsel said those students who have executed the bond to serve the remote areas of the state for five years can wriggle out of the undertaking by paying Rs 30 lakh to the state.

The bench lauded the objective of All India Quota saying it was good for national integration but was critical of states imposing mandatory conditions on them.

"The states cannot impose conditions on the students in the All India Quota and impose a penalty of lakhs of rupees for not executing the bond to serve in rural areas and treat them like bonded labourers," it said.

The counsel for the Centre said many states have been doing this to ensure availability of doctors in remote areas, else no one would like to work there.

Justice Surya Kant said, "How can a student serve a state especially in remote areas where he does not belong?" For example, Justice Surya Kant said, suppose a meritorious student from Tamil Nadu takes admission under All India Quota in a college in Uttarakhand. How will he serve in inaccessible areas and extremely inaccessible areas? he wondered.

"A patient in a remote area of Uttarakhand will not be able to convey his suffering to the doctor originally from Tamil Nadu and the doctor, despite having all his good intentions, would not be able to treat the patient. How will this work?" Justice Surya Kant said.

The top court was hearing a batch of petitions filed by 2011 batch students from a college in Garhwal, with the doctors now assailing the high court order to pay the higher fees with 18 per cent interest as they did not execute the bond.

The bench reduced the interest rate to nine per cent and gave them four weeks saying they were aware of the state government's policy of 2009 when they filled the admission form in 2011.

"The appellant students are meritorious candidates who competed in an All India Examination and secured their admission on merit … Even if they committed a mistake in executing a bond and paying Rs 15 thousand per year, the bond itself gave an exit door to them to wriggle out of its consequences by paying the annual fee of Rs 2.20 lakh as directed by the high court," the bench said.

It added that since the students paid the fees at a belated stage, they are undoubtedly liable to compensate the state with some interest.

"Keeping all the circumstances in view, we deem it appropriate to reduce the interest rate from 18 per cent to 9 percent simple interest per annum," the bench said.