Telangana HC To Hear Plea Challenging Bond Conditions On Medical Students

The Telangana High Court in a petition challenging a government order that imposes a Rs.50,00,000/- bond following the completion of Compulsory Resident Specialist postings, scheduled a matter on February 14, 2024.

The Court noted the National Medical Commissioner’s opinion that medical students deserve to be exempted from bond conditions, emphasizing that such obligations run counter to the principles of natural justice.

“The Government Order dated O6.O9.2OL7 and the conditions stipulated therein were not backed by any statutory power and the National Medical Commissioner in its meeting also held that the medical graduates and post graduates pursuing any 'course should not be burdened with any bond conditions which is contrary to the principles of natural justice”, the Bench of Justice N. V. Shravan Kumar observed.

Senior Advocate L. Ravichander appeared for the Petitioner and Deputy Solicitor General Gadi Praveen Kuiviar appeared for the Union.

The writ petition was filed to challenge the Government Order, which mandated Compulsory Resident Specialist postings for Super Specialty Post Graduates, leading to the withholding of original degree certificates. The petitioners, completed super speciality courses as per the Post Graduate Medical Regulations, 2022. Respondent No.2 (The State) issued a government order requiring two years of government service after course completion, along with a bond of Rs.50,00,000/- on Rs.100/- stamp paper. A notification from the Director of Medical Education on 12.01.2024 called for counselling of super speciality residents who passed in December 2023, with reporting to the allocated place of posting.

The Court noted that the National Medical Commission established a mandatory rural service scheme and a uniform bond policy, after the Supreme Court's order in the case of the Association of Medical Super Speciality Aspirants and Residents (AIRONLINE 2019 SC 873). The Commission acknowledged practical difficulties faced by State Governments in implementing uniform bond conditions.

The Bench noted that the Government Order and its stipulations lacked statutory backing. The National Medical Commission, in a meeting, determined that imposing bond conditions on medical graduates and postgraduates contradicted the principles of natural justice.

Consequently, the Bench observed that an interim suspension is placed on conditions Nos. 6 and 7 outlined in the notification and guidelines issued by the Director of Medical Education. The suspended conditions pertain to penalties for violating bond obligations, with a Rs. 50,00,000/- penalty for non-compliance. This suspension applies exclusively to the petitioners for three weeks, allowing super specialists intending to join the mandatory rural service scheme the freedom to do so.

The Bench observed that this suspension was specific to the petitioners due to the ongoing counselling process. The Government Pleader for respondents requested time to file a counter, and respondents were directed to submit the counter within two weeks.

Accordingly, the Court listed the matter for February 14, 2024.

Cause Title: Dr D. Anvesh Kumar Reddy v Union of India

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