Rule 11 of MP Medical Admission Rules 2017 Exempts In-Service Medical Officers from Rural Posting Bond
In a significant ruling, the Madhya Pradesh High Court dismissed a writ petition filed by Dr. Deepali Bairwa, a Medical Officer, who sought relief from the bond conditions mandating rural posting after her Post-Graduation Diploma in Anaesthesia. The Division Bench, comprising Justices Vivek Rusia and Pradeep Mittal, ruled against the petitioner due to the suppression of material facts in her plea.
Dr. Bairwa had completed her postgraduate diploma on March 3, 2017, and subsequently registered with the Medical Council. Her contention was that the absence of a timely appointment order for rural posting, as per Rule 11 of the Madhya Pradesh Autonomous Medical and Dental Post Graduate Course (Degree/Diploma) Admission Rules, 2017, should annul her bond obligations.
However, the court found that Dr. Bairwa, who was already a government employee and served as a Medical Officer, was exempt from the rural posting requirement under Rule 11. The provision specifically does not apply to candidates already in service as Medical Officers or demonstrators. The court noted that her actions, including unauthorized leave during her postgraduate studies, were not in compliance with her employment obligations.
The High Court emphasized the importance of full disclosure in legal proceedings. Dr. Bairwa's failure to reveal her employment details and leave status led to the dismissal of her writ petition. The court highlighted that such suppression of facts undermines the integrity of the judicial process.
Citing precedents, including the Supreme Court judgment in "Association of Medical Super Speciality Aspirants and Residents v. Union of India," the court reinforced the necessity for petitioners to approach the court with clean hands.
This judgment underscores the legal principle that serving government medical officers are not bound by rural posting requirements post their higher education. The dismissal serves as a reminder of the critical importance of transparency and honesty in judicial matters.
Bottom Line:
Medical Officers already in service are not required to undergo rural posting under Rule 11 of Madhya Pradesh Autonomous Medical and Dental Post Graduate Course (Degree/Diploma) Admission Rules, 2017. Suppression of material facts in the writ petition can lead to its dismissal.
Statutory provision(s): Madhya Pradesh Autonomous Medical and Dental Post Graduate Course (Degree/Diploma) Admission Rules, 2017 - Rule 11
