Compulsory Service Not Applicable To PG Medical Students Admitted Before 2018-19 : Karnataka High Court

The PG students admitted from the academic year 2018-19, onwards who have been informed of the implementation of the Act and Rules, following which they have executed bonds/undertaking. Therefore, the provisions of the Act and Rules will be applicable to them, the Court said.

The purpose of the enactment was for providing compulsory service by candidates who had completed medical courses, before award of degrees or post graduate degrees or diplomas.

Nearly 600 PG medical students had approached the High Court, challenging the provisions of this Act.

The main challenge by the petitioners was that the provisions of the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act are made applicable to them and consequently the impugned order dated 23.07.2020 has been issued calling upon the petitioners who would be graduating from various institutions in the State of Karnataka to report to the Director of Medical Education after the exams, for posting.\

In 2019, the High Court had upheld the constitutional validity of Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012 and Rules of 2015, which mandate all students who have enrolled for Graduation, Post Graduation and Super Speciality course in medicine, post the enactment of rules of 2015, to compulsorily render public service for one year, in government health institutes which is remunerative.

Court Findings:

A single bench of Justice Devdas noted it is an admitted fact that the Amendment Act 35 of 2017 was brought into effect from 11.07.2017. However, the information and instructions of implementation of the Act is provided in the Information Bulletins starting from the academic years 2018-19 onwards. Accordingly, bonds have been executed by the candidates who sought admission to PG courses from 2018-19 onwards.

Accordingly it said "Therefore, prima facie, there is sufficient force in the submission of the learned counsel for the petitioners that when no such information is given in the Information Bulletin upto 2018-19 and no bonds having been taken at the hands of the candidates, whether the provisions of the Act could be made applicable to the candidates prior to 2018-19."

It added "In that view of the matter, although it may not be mandatory to provide such information in the Information Bulletin, the Government will not be in a position to compel the candidates into compulsory service, if such Bonds are not taken from the candidates."

The court also turned down the contention of the state government that a provision of law when enacted, comes into operation and becomes applicable. The court said "There can be no doubt about the proposition that ignorance of law is no excuse, but in the present context, students from across the country and in fact from overseas seek admission to Medical courses/PG courses/Super Specialty courses in various Institutions across the country and it is a matter of pride that the Institutions in Bangalore and many other parts of the State have enjoyed the status of premier Medical Institutions and attract students from across the globe."

It added "Such students may not have the knowledge of the provisions of a local statute. It is in this context that the Government has felt it necessary to provide the information to candidates regarding the implementation of such statutes and such information is also required to be provided to the candidates to put them on notice and allow them an opportunity to make their choice having regard to the compulsory element in the provisions of the Act. The publication of the information along with the prescribed form is more of a practical requirement than a legal compulsion."

Following this court held "The students of the academic years 2016-17 and 2017-18 were not made aware of the implementations of the provisions of the instant Act and Rules and no bonds have been executed by the petitioners of the academic years 2016-17 and 2017-18. Therefore, the provisions of the instant Act and Rules shall not be made applicable to them. However, PG students/petitioners from the academic year 2018-19 onwards have been informed of the implementation of the Act and Rules, following which they have executed bonds undertaking to abide by solemn undertaking, therefore, the provisions of the Act and Rules shall be made applicable to them."