Medical Graduates & Post-Graduates Shouldn't Be Burdened With Bond Conditions, Contrary To Natural Justice: Telangana HC Allows Relief To 23 Students

The Telangana High Court has partially suspended a notification issued by the Director of Medical Education whereby a fine of INR50,00,000/- was sought to be levied on Postgraduate super speciality medical students who failed to report for Compulsory Resident Specialist Posting on 25th January.

The interim order was passed by Justice N.V. Shravan Kumar in a plea by 23 postgraduate students challenging the GO issued in 2017, mandating Compulsory Resident Specialist postings for Super Specialty Post Graduates as a result of which a 50 lakh would be imposed for failure to appear for the resident posting on the stipulated date. Petitioners claimed that such a stipulation was violative of Articles 14,19 and 21 of the Constitution.

The bench noted that the notification was not backed by any statutory provision and also kept in mind the meeting held by the National Medical Commission deciding against the issuance of bond conditions.

"The Government Order dated 06.09.2017 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," it said.

Background:

The 23 postgraduate students completed their course in December 2023, and approached the Court challenging the GO mandating Government service for 2 years after completion of their postgraduate course in medicine.

They contended that after the issuance of the above-mentioned G.O, in the same year, the government issued another G.O. mandating the doctors pursuing the Postgraduate course issue bonds worth INR 50,00,000/- on 100 rupees stamp paper at the time of admission as an indemnification against failure to serve the Government for 2 years after completion of their course.

Recently on 12th January 2024, the Director of Medical Education issued a notification calling for students who had just completed their super speciality post-graduate training to appear for counseling.

Aggrieved by the said notification the students approached the Court praying to set aside the notification imposing INR 50,00,000/- as a fine.

The petitioners contended that no such G.O. was issued previously and this was the first time the Government has sought to impose such a fine. It was contended that the G.O. calling for bonds was passed in violation of section 15B of the Telangana Medical Practitioner Registration Act, 1968 which mandates government service but does not mandate an imposition of a fine of 50 lakhs.

Further, it was stated that the Telangana Medical College ( Admission into Postgraduate Medical Courses) Rules, 2017 provides regulations only with regards to postgraduate courses and not 'super speciality' postgraduate courses.

Additionally, it was contended that the Telangana Medical Institutions (Regulation of Admission and Prohibition of Capital Fee) Act does not provide for a manner to regulate the curriculum vis-a-vis mandating government services. Moreover, the Government imposing such a fine has gone against the very crux of the statute aimed at preventing imposition of capital fee, it was submitted.

It was also brought to the notice of the Court that the National Medical Commission had held a meeting in 2021 and decided against imposing bond conditions against the principles of natural justice.

On the other hand, the Government Pleader representing the State contended that the notification issued by the Director was not itself challenged and besides, the students had already signed the bonds at the time of admission agreeing to the bond terms.

After hearing both sides, the Court held:

"It is pertinent to note that the National Medical Commission has formulated mandatory rural service scheme and uniform bond policy by policy dated i.e., after passing of the order of the Hon'ble Supreme Court in Association of Medical Super Specialty Aspirants and Residents (supra) and has also observed that there are certain practical difficulties being faced by the State Governments in implementing the uniform policy bond conditions."

Accordingly, the Court passed an order directing interim suspension of conditions directing the doctors to report on 25th January and imposing a fine of 50 lakhs in case the doctors failed to report for duty for three weeks.

However, made it clear that the said order would be applicable only to the 23 petitioners.

WP: 1715 of 2024

Counsel for petitioners: L. Ravi Chander, Senior Advocate.

Counsel for respondent: GP for family and health.

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