• Penalty-related matter

sir, myself dr saurabh shrikant ambatkar from nagpur. sir, i am currently doing md govt medical college, nagpur. i am doing inservice post gradution means i am medical officer deputed by maharashtra public health department to do md in medical college.sir, now i got appointment letter for central govt medical officer post and for that i want to leave md seat.In my deputation order it is mentioned that if anybody leaves pg seat , then usne jitne mahine kaam kiya hai utni salary us doctor se wasul ki jayegi.but medical college is demanding me 20 lac becoz i am causing lapse of their pg seat.sir, can u give legal advice regarding this? i can pay 10 lac ? can i pay rest 10 lacs after some time? plz give legal suggestion.
Asked 2 years ago in Civil Law from Nagpur, Maharashtra
A. u will have to pay the salary of number of months u worked as per their deputation order.

B. for paying in installments after sometime file application in said medical college.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1) Govt of  Maharashtra has laid down detailed selection procedure for admission to post graduate seats as rules and orders issued by Government from time to time and on the 
basis of directions/decisions given by Hon’ble Court in various court orders. 

2) as per said procedure in the event you leave your MD course you would have to pay Rs10 lakhs for non completion of tenure  . further you have to pay Rs 10 lakhs as penalty as PG seat has lapsed on account of your failure . under circumstances you have no option but to pay said amount . 

3) better option would be to complete your tenure than pay Rs 20 lakhs to Govt . 

4) relevant rules are reproduced for your information 


DIRECTORATE OF MEDICAL EDUCATION & RESEARCH, MUMBAI
PROCEDURE FOR SELECTION AND ADMISSION TO MEDICAL 
POST-GRADUATE COURSES ( MD / MS / DIPLOMA ) FOR 
MAHARASHTRA STATE QUOTA (50%) - NEET PGM - 2013 has 

PENALTY & BOND: 
17.1a) Candidate who has joined for postgraduate course should complete Junior 
residency tenure, failing which he/she will be required to pay 10,00,000/- (i.e. 
for non completion of Junior residency tenure). However, this is not 
applicable to the candidates of NEET PGM-2013 resigning the PG admission 
before prescribed date. 
17.1b) Any candidate responsible for lapse of post graduate medical seat will have to 
pay Additional penalty of Rs. 10,00,000/- as stated in rule 13.7 Any such 
candidate will not be eligible for appearing at succeeding two NEET PG
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. In accordance with the guidelines laid down by the Maharashtra government you are obligated to pay R.10 lakhs for non-completion of the course. In addition thereto, a further penalty of Rs.10 lakhs will also have to be paid. The rigours of these clauses will not be relaxed for you either by the govt or court. As such, you shall have to pay a total of 20 lakhs at the time of leaving the course. So you have no remedy before a court of law. 

2. If you are unable to pay 20 lakhs at this stage then it is advisable to complete the course.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
The rule for payment is a set rule and no relaxation as such is permitted in the event that you leave the MD seat in mid tenure.  For paying the said amount,  make a representation citing your reasons for payment in instalments.  Such relaxation can be given by the college authorities only.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hi, as per guidelines issued by the state of Maharashtra you have to pay the 20 lacks amount.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
As per the per the guidelines of Maharashtra you have to pay the 20 lacks amount. No relaxation as such is permitted. If you are unable to pay the amount you will in such case will have to complete your course
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. As per the guidelines framed by Govt. of Maharashtra, you shall have to pay Rs.20 lkahs,

2. You can apply to the appropriate authority to accord necessary approval to allow you to pay Rs.10 lakhs now and the balance Rs.10 lakhs in EMIs within a span of 2 years with interest.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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