• Serving bond/rural post MD/MS for doctors from All India quota

My wife has done her MD from Gauhati medical college, Assam. She finished her exam in May 2015.
However, the state govt. has now refused to give their( entire batch of doctors passing out from three medical colleges of Assam this year) PASS CERTIFICATES and gave just a week's time to immediately serve the bond (which they had signed on joining the course) in Assam. As a result she had no choice but to go wherever the govt. asked her to go.( bond amount of 20 lakhs or serve the govt. for ten years was the bond that she along with others had signed on admission).
But now it has come to our notice that as per Honourable Supreme Court's directives, dated 27/07/2001 IA  no. 9-13 in civil appeal no. 1944 of 1993 (Anand S Biji vs State of Kerala and ors.) , the bond/rural posting do not apply to candidates who have taken md/ms seats in state medical colleges through All India Quota. My wife has taken the seat through the All India quota. 
But she is still serving the bond and the audacity of the govt is such that they have not even told them for how long they have to serve the bond and nor have they given the pass certificates!
Kindly show us a way out. I don't want my wife to do this service for which even getting their salary, they may have to wait for 4-6 months and that too only after bribing the office babus!
Asked 3 years ago in Civil Law from GUWAHATI, Assam
1) file writ petition in Guwahati high court against govt order to serve in rural areas for period of 10 years 

2) rely upon Supreme Court judgement cited by you that it does not apply to candidates selected from all India quota 

3) also seek directions that govt issue pass certificates to successful  doctors 
Ajay Sethi
Advocate, Mumbai
46891 Answers
2772 Consultations

5.0 on 5.0

1. File a Writ Petition against the Govt. of Assam and the concerned department praying for relief siting the stated  Supreme Court  Judgment,

2. W.P. is the best solution against Govt. misconduct.
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

If you are sure that the apex court has passed a decree and judgement in the manner described by you, why dont she make a representation in writing quoting the settled law and seek remedy for getting relieved?, 
First exhaust the remedies available within the organisation and then approach high court with a writ seeking relief. 
T Kalaiselvan
Advocate, Vellore
37081 Answers
403 Consultations

5.0 on 5.0

1. Not giving the pass certificates to the candidates who passed the course is itself illegal, for which remedy can be sought in the HC.

2. The govt has acted contrary to the order of the SC. Your wife and the other doctors who passed out from the state medical colleges can move the Supreme Court against the decision of Assam government. 
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

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