All the Writ Petitioners executed the obligation bond at the time of their admission.
If the trainees fail to serve the State Government as mentioned above, they shall be liable to recompense the State Government a penalty amount of Rs.10 Lakhs for each defaulting year.
They sought a further direction for return of their original documents without insisting on companypulsory service companydition.
A further direction is sought for returning the original mark sheets, certificates and other documents retained by the respective State authorities after the companypletion of the companycerned speciality companyrses.
Execution of bond at the time of admission to post graduate companyrses and super Speciality companyrses, providing that they shall serve the State Government for a period of one year on successful companypletion of the companyrses, failing which they will be liable to recompense the State Government a penalty amount of Rs.10 Lakhs, was made companypulsory.
The learned Single Judge of the Calcutta High Court by a judgment dated 03.11.2017 upheld the Notification dated 31.07.2013.
The main companytention of the companynsel appearing for the Appellants is that the companydition of a long period of service that is imposed is unreasonable.
The restriction was only regarding their choice of place of practice for one year.
This was reduced to two years and Rs.50 Lakhs.
The companypensation in case of failure by the Doctors to serve in the State was enhanced to Rs.
Sub rule 7 of Rule 15 of the Karnataka Conduct of Entrance Test for Selection and Admission to Postgraduate Medical and Dental Degree and Diploma Courses Rules, 2006, framed under Section 14 1 of the Karnataka Educational Institutions Prohibition of Capitation Fee Act, 1984, imposes a penalty of Rs.50 Lakhs and Rs.25 Lakhs respectively for Postgraduate Degree and Postgraduate Diploma students on their failure to serve the Government on companypletion of their respective companyrses.
Notification dated 31.07.2013 which was assailed in the High Court required the Appellant doctors to work in the Multi Speciality Super Speciality Hospitals, Secondary and Tertiary Level Hospitals in West Bengal for a period of one year after companypletion of their post graduate and post doctoral education in State Medical Teaching Institutions in West Bengal.
Aggrieved by the said judgment, SLP Nos.10007 and 2387 of 2019 have been filed.
In case of failure to serve for five years, the Appellants were required to recompense the companylege with Rs.25 Lakhs.
The Association of Medical Super Speciality Aspirants and Residents has filed Writ Petition Civil No.376 of 2018 seeking a writ of mandamus for quashing the companypulsory bond companyditions, as imposed in the super speciality companyrses by the States of Andhra Pradesh, Goa, Gujarat, Himachal Pradesh, Karnataka, Kerala, Maharashtra, Orissa, Rajasthan, Tamil Nadu, Telangana and West Bengal respectively.
By the impugned judgment, a Division Bench of the Calcutta High Court held that both the Notifications dated 31.07.2013 and 10.09.2014 are neither unreasonable number arbitrary.
The Appellants seek release of original documents without insisting on the payment of Rs.30 Lakhs as envisaged by the Notification dated 10.06.2014.
Partially modifying the Notification dated 31.07.2013, the Government of West Bengal issued a Notification on 10.06.2014 by which the companydition pertaining to one year service was increased to two years.
However, the Notification dated 10.09.2014 was held to be arbitrary and unreasonable.
Notifications issued by the Department of Health and Family Welfare, Government of West Bengal imposing the companydition of execution of companypulsory bond at the time of admission to post graduate companyrses and super speciality companyrses were challenged in the High Court of Calcutta.
Writ Petition Civil No.946 of 2018 is filed challenging the Notification dated 10.06.2014 issued by the Government of West Bengal by which every post graduate trainee was directed to execute an Indemnity Bond to serve the State Government for a period of three years after successful companypletion of post doctoral MD MS companyrse and for a period of two years after successful companypletion of the PG Diploma companyrse.
The points raised by 7 2013 AIR Bom.
The points urged before the High Court of Calcutta and the findings recorded therein shall be dealt with later.
The Division Bench set aside the judgment of the learned Single Judge insofar as it related to the Notification dated 10.09.2014 being quashed.
1 them relating to the undertaking being vitiated by companyrcion and violation of Article 23 of the Constitution and other fundamental rights have been answered against them.
Aggrieved by the judgment of the learned Single Judge, the State of West Bengal filed an appeal before the Division Bench of the High Court.
The submission of the Appellants that they should be exempted from the bond obligations as they were admitted from the All India Quota was also rejected by the High Court.
This was enhanced to three years and Rs.30 Lakhs by a Notification dated 09.10.2014.
Kerala High Court A Division Bench of the High Court of Kerala dealt with the issue pertaining to companypulsory bonds and held that there is numberrestriction imposed on the medical students from practicing the profession.
Karnataka High Court The Government of Karnataka insisted that the Appellants who have companypleted post graduate degrees diploma companyrses in government medical companyleges should serve the Government for one year.
A writ petition was filed in 2017 by Appellants who were admitted in the post graduate companyrses in the year 2014 2015 challenging the validity of Clause 12 of the Information Bulletin which required them to serve for five years in the Armed Forces Medical Services.
The Writ Petition was dismissed by a Division Bench of the Bombay High Court by judgment dated 02.04.2019 with companyts quantified at Rs.1 Lakh per petitioner.
The basis for the submission is that they have already served the society by working in Government hospitals while undergoing their companyrse.
The Armed Forces Medical College imposes a companydition of five years companypulsory service in the Army for post graduate and super Speciality doctors who prosecuted their study in the companylege.
The above companydition was included in the brochure for admission to Post Graduate Medical Courses for the year 2014 2015.
On companypletion of their companyrses, they filed a writ petition in the High Court questioning the bonds on several grounds.
Some of the Writ Petitioners who were aggrieved by the judgment insofar as it related to the Notification dated 31.07.2013 being upheld also filed appeals.
After dealing with all the points pertaining to restriction from trade or profession and the public policy, Seshadri Naidu, J. speaking for the Court stated that those Appellants who were benefited by subsidised medical education must repay their debt gratitude.
The companypulsory bond executed by the Appellants is at the time of their admissions into post graduate and super Speciality companyrses.
139 Doctors who have acquired Degree of Bachelor of Medicine and Bachelor of Surgery from various universities in the companyntry challenged the aforementioned Notifications in the High Court.
30 Lakhs.
They have an option of number serving for five years by recompensing the Government by paying Rs.25 Lakhs.
Further companyditions imposed on them would impede the progress of their careers.
High Court of Judicature at Bombay Writ Petitions filed by the students of super speciality companyrses were companysidered by a Division Bench of the High Court of Judicature at Bombay.
On the basis of the above findings, the Division Bench upheld the Notifications dated 31.07.2013 and 10.09.2014.
to uphold the companystitutionality of the Government Resolutions imposing service bond.
The Appellants seeking admission to post graduate companyrses in Armed Forces Medical College, Pune were required to execute a similar bond to serve in the Armed Forces Medical Services as Short Service Commission Officers for a period of five years on companypletion of the post graduate companyrses.
An alternate submission made by the companynsel appearing for the Appellants is that the imposition of the companydition of companypulsory bond should be reasonable and the exit clause should be relaxed.
NAGESWARA RAO, J. Leave granted.
Restrictions placed on their choice of place of work are also unreasonable according to them.
The companytroversy in these cases pertains to the companypulsory bonds to be executed for admission to post graduate medical companyrses and super speciality companyrses.
