The Madhya Pradesh High Court has served notices on the Director Medical Education Bhopal, the State government and the RD Gardi Medical College Indore on a petition filed by a lady doctor challenging the two punishment provisions in rule 12 of Madhya Pradesh Private Medical and Dental Post Graduate Course Admission Rules, 2017.
Dr. Ritika Maheshwari challenged the rule – “In addition such admitted candidates in Degree/ Diploma Course shall not be eligible for next three years for admission in Post Graduate Seats in case of Degree Course and next two years in case of Diploma Course from the date of resignation/ expulsion.
The petitioner is challenging the vires of the Rule on the ground that the Rule-12 (1) i.e. Seat Leaving Bond already enforces a monetary penalty whereby the total prescribed tuition fee for whole duration of post graduate course in the concerned institution has to be deposited and the original documents shall be returned to the Students only after deposition of such fees which automatically means that monetary punishment has been given to a student who leaves/resigns from the post-graduate course
and therefore, there cannot be another punishment which says that a student shall not be eligible for next three years for admission in post-graduate seat or in case of diploma for a period of two years from the
date of resignation of the student from the course in past, the petitioner’s counsel Aditya Sanghi said.
The petitioner sought relief from the court to issue a writ in the nature of certiorari for Rule 12(1) of M.P. Private Medical and Dental Post Graduate Course Admission Rule wherein the rule says that the candidate shall not be eligible for admission in PG seat in case of degree course and next two years in case of diploma course from the date of resignation be declared as ultra vires to Article 14 & 19(1)(g) of Constitution, the counsel said.
