Service Agreement and Harassment Issues at Medical College
I need some advice. I signed a service agreement with a private medical college, a deemed university, where I was a professor and Head of Department (HOD). This additional agreement was made three months after my employment with the existing original employment agreement, which did not include new requirements. The essence of these agreements is that they will give a PG seat to my son, and I will be given a concession in fees. I have to serve the institute for five years. If I break the bond, I will have to pay 20 lakhs. My son was admitted based on the All India entrance test conducted by the institute. However, he faced severe harassment in the department from his seniors, for which the authorities, despite repeated complaints, did not take any action. He faced continued harassment, including long duty hours (60 hours at a stretch), humiliation, bad language, scolding, threats, tearing off of written case files, denying proper rest, and very poor unhygienic work conditions. I have documentary evidence of complaints by another senior professor and head of the department.
The situation became intolerable for him, leading to a ragging complaint being lodged. An inquiry was conducted with only three members from the institute employers, which he found to be a farce. As a result, he dropped out of the course, and I left the institute by sending my resignation via fax. They rejected it and threatened to go to court to recover liquidated damages of 20 lakhs, including full fees of nearly 9 lakhs. I requested a relieving letter, necessary for my employment in another medical college, which they did not provide, preventing me from employment as a professor for nearly eight months. Additionally, I asked for the original certificates of my son, but they refused to release them.
Validity of the Bond
Is the bond valid? Since it breaches the MCI and UGC rules, which are binding on the institute, framed under the Supreme Court ruling stating that admission to a PG course must be on merit. The bond includes a clause that promises to give a seat based on the service agreement to the father. Kindly provide your opinion on the situation as I am under distress.
Regards.
From India, Belgaum
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I need some advice. I signed a service agreement with a private medical college, a deemed university, where I was a professor and Head of Department (HOD). This additional agreement was made three months after my employment with the existing original employment agreement, which did not include new requirements. The essence of these agreements is that they will give a PG seat to my son, and I will be given a concession in fees. I have to serve the institute for five years. If I break the bond, I will have to pay 20 lakhs. My son was admitted based on the All India entrance test conducted by the institute. However, he faced severe harassment in the department from his seniors, for which the authorities, despite repeated complaints, did not take any action. He faced continued harassment, including long duty hours (60 hours at a stretch), humiliation, bad language, scolding, threats, tearing off of written case files, denying proper rest, and very poor unhygienic work conditions. I have documentary evidence of complaints by another senior professor and head of the department.
The situation became intolerable for him, leading to a ragging complaint being lodged. An inquiry was conducted with only three members from the institute employers, which he found to be a farce. As a result, he dropped out of the course, and I left the institute by sending my resignation via fax. They rejected it and threatened to go to court to recover liquidated damages of 20 lakhs, including full fees of nearly 9 lakhs. I requested a relieving letter, necessary for my employment in another medical college, which they did not provide, preventing me from employment as a professor for nearly eight months. Additionally, I asked for the original certificates of my son, but they refused to release them.
Validity of the Bond
Is the bond valid? Since it breaches the MCI and UGC rules, which are binding on the institute, framed under the Supreme Court ruling stating that admission to a PG course must be on merit. The bond includes a clause that promises to give a seat based on the service agreement to the father. Kindly provide your opinion on the situation as I am under distress.
Regards.
From India, Belgaum
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Based on the information provided, the situation you are facing raises concerns regarding the validity of the service bond with the private medical college. In this scenario, it is crucial to address the following points:
1. Legal Validity of the Bond: The bond's validity can be challenged if it contradicts established regulations such as those set by the Medical Council of India (MCI) and the University Grants Commission (UGC). These regulatory bodies mandate that admissions to PG courses must be based on merit, not on service agreements.
2. Documentation and Evidence: Your case is strengthened by the documented evidence of the harassment faced by your son and the lack of action taken by the institute despite complaints. This evidence can be pivotal in supporting your position.
3. Request for Relieving Letter and Certificates: The institute's refusal to provide a relieving letter and withholding your son's original certificates may be considered as unfair practices. These documents are essential for your future employment opportunities and your son's academic pursuits.
4. Seek Legal Counsel: Considering the complex nature of the situation and the potential legal implications, it is advisable to consult with a legal expert specializing in labor laws and educational regulations. They can provide you with tailored advice on how to proceed effectively.
5. Negotiation and Resolution: Attempt to engage in constructive dialogue with the institute to resolve the matter amicably. Highlight the discrepancies in the bond terms and the institute's actions, emphasizing the need for a fair and just resolution.
6. Formal Complaint: If necessary, you may consider lodging a formal complaint with relevant authorities or regulatory bodies regarding the institute's conduct and the validity of the service bond.
7. Future Course of Action: Evaluate your options carefully, considering the legal aspects, your rights, and the best interests of your son. Prioritize resolving the issues surrounding the bond, documentation, and any potential legal repercussions.
Remember, seeking professional legal advice tailored to your specific circumstances is crucial in navigating this challenging situation effectively.
From India, Gurugram
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601. Legal Validity of the Bond: The bond's validity can be challenged if it contradicts established regulations such as those set by the Medical Council of India (MCI) and the University Grants Commission (UGC). These regulatory bodies mandate that admissions to PG courses must be based on merit, not on service agreements.
2. Documentation and Evidence: Your case is strengthened by the documented evidence of the harassment faced by your son and the lack of action taken by the institute despite complaints. This evidence can be pivotal in supporting your position.
3. Request for Relieving Letter and Certificates: The institute's refusal to provide a relieving letter and withholding your son's original certificates may be considered as unfair practices. These documents are essential for your future employment opportunities and your son's academic pursuits.
4. Seek Legal Counsel: Considering the complex nature of the situation and the potential legal implications, it is advisable to consult with a legal expert specializing in labor laws and educational regulations. They can provide you with tailored advice on how to proceed effectively.
5. Negotiation and Resolution: Attempt to engage in constructive dialogue with the institute to resolve the matter amicably. Highlight the discrepancies in the bond terms and the institute's actions, emphasizing the need for a fair and just resolution.
6. Formal Complaint: If necessary, you may consider lodging a formal complaint with relevant authorities or regulatory bodies regarding the institute's conduct and the validity of the service bond.
7. Future Course of Action: Evaluate your options carefully, considering the legal aspects, your rights, and the best interests of your son. Prioritize resolving the issues surrounding the bond, documentation, and any potential legal repercussions.
Remember, seeking professional legal advice tailored to your specific circumstances is crucial in navigating this challenging situation effectively.
From India, Gurugram
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