The Karnataka High Court by way of interim relief has directed the state government to refrain from mandating postgraduate doctors to carry out compulsory urban service, as required under Section 4 of the Karnataka Compulsory Training Service by Candidates Completed Medical Courses Act, 2012. Section 4 of the Act provides that every candidate other than the candidate who has undergone compulsory rural service training and the candidate who has completed a diploma or degree is mandated to undergo one-year service training at a government hospital in urban areas. They would be given the post of senior resident trainees along with a stipend.
The Division Bench of Karnataka High Court, comprising of Justice B.V. Nagarathna and Justice NS Sanjay Gowda clarified that despite there being delay of 176 days in filing the appeal, granting the request made by the learned Additional Advocate General to file an objection to the said application, the Court permitted the State government to file their objections on or before 10.11.2020. Till then, the Respondent- State is refrained from implementing Section 4 of Karnataka Compulsory Training Service by Candidates Completed Medical Courses Act, 2012.
However, the Court refused to pass a stay order against Section 4 of the KCS Act, however, for time being they insisted the respondent-State to not insist the implementation of the said provision until 10th November 2020. The High Court of Karnataka passed this direction while hearing an appeal challenging the decision of the State government mandating one-year compulsory training in urban areas for postgraduate and diploma students. While deriving at the definition of candidate, the Bench raised a preliminary objection to the maintainability of the appeal, stating that ‘candidate’ includes all students and management quota students as well as NRI students and that they are no superior from the government quota students. The service under Section 4 is not a free service; the candidates will be paid for it. Hence there cannot be any sort of discrimination during the implementation of Section 4 of the KCS Act.