Politics in the cold desert of Ladakh is experiencing warm currents. The recent trigger is a notification issued by the administration of Union Territory of Ladakh, which has announced a compulsory government service policy for students being admitted under the reservation quota.
An attempt to secure admission under ST quota, Ladakh union territory quota or any other quota, would imply medical students to sign a bond confirming post education services in Ladakh, i.e. five years for MBBS students and three years for BDS students. In case of non compliance, an MBBS and BDS student would have to pay Rs 50 lakh, and Rs 30 lakh to the UT of Ladakh respectively. In the event of failure of the candidates to complete their respective courses obtained under the reservation quota seats, they will be liable to pay half of the bond amount to the administration of UT of Ladakh.
The notice confirms, “Any outstanding amount payable to the administration of Union Territory of Ladakh from the applicant shall be recovered from him/her as arrears of land revenue.”
The notification hasn’t been welcomed by opposition. Councillors of opposition party have organised protests against the nature of framing of this notification. They accuse administration of overriding the consultation aspect in drafting the executive order. According to opposition councillors, expecting a 12th pass out student to be this decisive about future prospects is too big of a demand.
Smanla Dorjey Nurboo, councillor, Ladakh Autonomous Hill Development Council, questioned the rationale of the notification. He reportedly said, “How many hospitals and medical colleges does Ladakh have. There are only two hospitals. Where they will create job for the candidates?” He said that the other states having such type of bonds, create jobs for the candidates in same colleges where the candidates complete their courses.
Addressing the the discontent over notification, Dr Pawan Kotwal, Principal Secretary, Administration of UT of Ladakh says, “Ladakh is facing severe shortage of doctors. We have only 75 as of now .100 posts are lying vacant, which is about 60% 0f the sanctioned strength of medical officers. People are suffering because of the non availability of qualified doctors. So we have been trying to meet this gap as to how the services of qualified doctors could be made available in the field for the people of Ladakh.”
Kotwal further adds, “This type of bond isn’t a new experiment. Every other state does it. Under the scheme of National health Mission (NHM) candidates from Karnataka, Maharashtra etc. are serving in far flung areas of Ladakh like Chushul and Nobra. If candidates from plains can serve in Ladakh than why not people from the territory itself .And the offer is binding for both parties. If administration too fails in providing a job to the student in 10 months of completion of their degrees then they are free from this bond.”
Dr Manzoor Ul Haq, Deputy Chief Medical Officer, Leh also flagged the shortage of doctors as a serious concern. He tells The Voices, “UT is grappling with shortage of doctors. A district hospital which usually requires 50-60 doctors, has nothing above forty.”
On being enquired about legal rationale of the notification, Nishant Khatri, Lawyer, Delhi High court tells The Voices
“Firstly, this is an indirect tinkering with Article 342 which entrusts the power of notifying Tribes with President.” In the new scenario, he says, if students opt out of getting admission through reservation due to the stringent conditions of bond, this means that they are being deprived of their constitutional right. An executive order with implications on constitutional security i.e. reservation, is concerning. Khatri further adds, “The notification lacks clarification. It appears that a ladakhi student being educated anywhere across country by availing ST reservation will have to serve in Ladakh.”
In context of the debate around claim of constitutional right of reservation, post this notification, Nurboo addressed a letter to JT Namgyal, Member of Parliament from Ladakh.
As per the Central government regulations, a MBBS student is bound by a post education services bond. In 2019, the Supreme Court also upheld the compulsory bond used by several states. It requested Centre to frame a policy regarding services of students in rural hospitals. However framing such bonds on grounds of admission via reservation route is a novel development in the region.
Edited By A Voices Team Member