JUDGEMENT
Alok Sharma, J. -
(1.) The petitioner a meritorious student was admitted to the D.M. (Neurology) course in the Academic Year 2016-17 and one would have thought that the issue was over with. That however was not to be.
(2.) As a student of DM Neurology vide office order dated 20.08.2016 issued by the Principal, SMS Medical College, the petitioner was required to comply with the terms and conditions of her appointment as a resident.
(3.) The said terms and conditions are reproduced hereunder:-
1. Each candidate will have to remain in the institution allotted for the full duration of the course. In this regard He/she shall have to submit a self declaration as per performa enclosed.
2. In case a candidate is found to have submitted any false information or certificates etc. or is found to withhold or conceal some information in his/her application form, he/she shall be debarred form admission/admission shall be cancelled. In his regard He/she shall have to submit a self declaration as per performa enclosed.
3. HOD/Unit Head will assign duties and responsibilities to the candidates from time to time. He/She will be required to perform assigned work (being a part of his/her DM/Mch study) in the legitimate interest of the patient care, in this regard He/She Shall have to submit a self declaration as per perofrma enclosed.
4. As per State Government direction, all the non-service candidate are directed to submit a bond of Rs. 5.00 Lac (Rupees Five Lakhs only) and in case they leave the course before completion they will have to deposit the bond money along with the stipend so drawn for the period. The in-service candidate will also have to submit a bond of Rs 5.00 Lacs (Rupees Five Lakhs only) and will have to deposit the money as per Government rules, in case they leave the course before completion.
5. A service bond amounting for Rs. 25.00 (Twenty Five Lacs Only) Non-Service Candidates will have to be signed to serve the Sate Government for a Minimum period of five years after completion of the course and the in-service candidates will have to abide by the bond as per State Government/RSR rule. (Service bond will not be applicable for the M.Ch.-CTVS and Paed. Surgery Courses)
6. The Candidate will be permitted to obtain only 20 days casual leaves in a year. Generally there will be no holidays. However weekly off will be given by the HOD/Unit Head at his/her convenience.
7. The resident will be provided Hostel accommodation if available and if allotted, shall have to reside in the hostel. Other Hostel charges (e.g. electricity, water etc.) will be charged as per rules. After completion of their tenure of the DM/M.Ch. Course, he/she will have to vacate the hostel accommodation if available and if allotted, shall have to reside in the hostel. Other Hostel charges (e.g. electricity, water etc.) will be charged as per rules. After completion of their tenure of the DM/M.ch. Course, he/she will have to vacate the hostel accommodation immediately failing which appropriate action will be take against him/her as per rules.
8. Terms and conditions of the residency including hostel accommodation etc. can be altered and modified in the interest of the institution without notice.
9. The candidate will have to obtain the Enrollment/Registration and Eligibility form from the office of the respective colleges on any working and submit the same duly filled in along-with their original migration certificate and original required documents of the concerned University form where he/she has passed out the MD/MS Examination and deposit the required fee immediately at respective Medical College as per rule. It is clarified that the result of any candidate may be withheld by the Rajasthan University of Health Sciences, Jaipur in absence of Enrollment and fulfilling of the conditions and registration form.
10. The tenure of appointment on the post of resident for pursuing DM/M.Ch. Study will be one year at the first instance on a fixed stipend which will be further extended up to period of three years by the undersigned on satisfactory performance and conduct of the resident. In service candidates will get leave salary/stipend as per State Govt. rules and direction which can be altered from time to time.
11. The candidates will have to deposit the college fee as per Govt. directives from time to time, with the college cashier.
12. The candidates are directed to get themselves registered with Rajasthan Medical Council withing 30 days of their Joining.;
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