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The petitioners had obtained Post Graduate/Diploma degrees in Medical and Dental courses under the government quota. The Court had to hear the petition challenging the Notification of the State Government which provides for the compulsory medical service under the government. The Court observed that there were 5,348 candidates during the period between 2008-09 and 2017-18, and pf them only 4,965 candidates have declared to perform the obligation on stamped paper.
The Hon’ble Bench of the Karnataka High Court directed the State Government to obtain the declaration from all the candidates who had availed government quota to pursue PG/Diploma degrees in Medical and Dental Courses. Some of the candidates managed to evade the responsibility by making payments to the tune of 1 lakh against the specified legal penalty of 5 lakh and 3 lakhs to the state officials. However, the amendment in 2013 increased the penalty amount to Rs.50 Lakhs and Rs.25 Lakhs.
Relying on the mathematics, the court observed that only a meagre sum Rs. 11.89 crore reached the coffers when the recovery of penalty should have shot up to several hundred crore rupees. “Matter is more than what meets the eye”. Understanding the gravity of the matter, the Court demanded the attention of the State Government/CAG/Accountant General for the State.
300 practicing physicians, who had obtained the PG/Diploma degrees in the relevant courses under the government quota and signed the undertaking bonds, filed this petition before the High Court. They challenged the notification of the Department of Medical Education, which mandates them to undergo counselling to work under the government in the posts of senior resident/tutor/specialist, according to their undertaking bonds.
The petitioners contended that they were coerced to sign the undertaking bonds at the time of admission, and no doctor who signed such bond earlier had been called by the government. Thus, the undertaking bond has a different connotation ‘Bonded Labour’, which violates Article 21 and 23 of the Indian Constitution
The State countered the argument by stating that Rule 15 of the Karnataka Conduct of Entrance Test for selection and admission to Post Graduate Medical and Dental degree and diploma courses Rules, 2006,is mandatory in nature. Therefore, students who has nexus with that rule have to render 3 years of government service after the completion of the course. The petitioners were neither minors, nor legally incapacitated at the time of signing the bonds, and the same applies as estoppel on them.
Insofar as the earlier students are concerned, the state government said that they would have been scattered away, and therefore, it would not be advisable to postpone the counselling to identify them. Since the undertaking does cease based on time, discrimination on this ground is not a valid contention.
The Court observed the non-existence of coercion on the part of the state government, and found the existence of similar policies having been upheld by the High Court of other states. In light of this observation, the court rejected the contention of the petitioners in respect of coercion, because the petitioners had been active while signing the respective stamped bonds.
Further, if the candidates had not availed the seats under the government quota, other deserving candidates could have secured such seats. Therefore, the court came to a conclusion that the contention of the petitioner claiming the Rule enforced Bonded Labour was misconceived, and the facts of the case have nothing to do with the Bonded Labour. The petitioners get Rs.45000 as monthly stipend for rendering service under the government which is more than the minimum wage for the professionals.
In light of all these, the High Court of Karnataka upheld the notification of the Department of Medical Education by issuing the following directions:
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