Just Because You're Rich & Went To Private Medical College, Can You Seek Exemption From Rural Service? Supreme Court Asks MBBS Students

The matter was placed before Justices P.S. Narasimha and Sanjay Karol.

As soon as the matter was taken up, Justice P.S. Narasimha expressed his doubts, saying that just because a student studies in a private college, they would not exempt the person from working in rural areas.

“What is wrong? Private (institution) people have no obligation of nation building? Just because you go and study in private hospital, private law college, you have an exemption from working in rural areas? What is this which gives you an exemption just because you studied in private medical college that you cannot work in rural areas?”

When the counsel, representing the petitioners, submitted that there were bandwidth and language issues, Justice Narasimha replied:

“So what? It is a beautiful thing that you go somewhere else and work. You walk up and down India and work in different rural areas. That is such a beautiful thing to do.”

He went on to say “What is this exemption? Just because you are rich and you go to a private medical college and you get an exemption from going to the rural areas...where do you get these ideas? Because you have purchased your degree…Private medical colleges need not be compelled or forced to work in rural areas...can you even say something like that? Can the students be permitted to argue like that?”

The counsel thereafter referred to the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012, and subsequently framed the Karnataka Compulsory Service Training by Candidates Completed Medical Course Rules, 2015.

The scheme mandates every MBBS graduate, every Post-Graduate (Diploma or Degree), and every Super Specialty candidate who has pursued their course of study either in a government university or on a government seat in a private/deemed university to render one year of compulsory public rural service. Only after the fulfillment of this requirement will the requisite No-objection certificate (NOC) be issued, and this will enable the petitioner to be eligible for permanent registration with the Karnataka Medical Council.

As per the notification dated 28.07.2023, this requirement was extended to candidates enrolled in private seats in private/deemed universities.

Pertinently, in the petition it has been argued that the Candidates enrolled in private or deemed universities on private seats, who are pursuing their studies at significantly higher costs, constitute an intelligible differentia under Article 14 of the Constitution of India. Consequently, they are not to be subjected to compulsory service requirements, argued the petitioner.

To support this, the Top Court's decision in Association of Medical Super Speciality Aspirants Residents & Ors. Vs Union of India & Ors W.P.(C) No. 376/2018 has also been cited. In this, the Court rejected the challenge against the imposition of compulsory bonds to be executed for admission to post-graduate medical courses and super specialty courses.

However, at the same time, it was noticed that certain State Governments have rigid conditions in the compulsory bonds and therefore suggested that Union of India and the Medical Council of India may take steps to have a uniform policy regarding the compulsory service to be rendered by the Doctors who are trained in government institutions.

In view of this projection, the writ petitioner has primarily prayed for the following two directions:

“Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Commissionerate of Health & Family Welfare Services to issue the required NOC to the petitioners without subjecting them to any affidavit of compulsory rural service.

Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Karnataka Medical Council to accept the Permanent Registration of the Petitioners.”

Case Title: ASHISH REDU VS. GOVERNMENT OF KARNATAKA., W.P.(C) No. 332/2024