Karnataka High Court refused to put a stay on Compulsory Rural Condition for fresh Doctors.
After upholding the notification issued on June 8, in the petition challenging Government calling for registering online for the Compulsory Rural service, the Karnataka High Court refused to issue an interim relief in this regard.
The petition challenged the provision of Compulsory Rural Service for a period of one year defined under the Karnataka Compulsory Service to Candidates Completed Medical Courses Act, 2012 (Compulsory Act), on it in conflict with either the Indian Medical Council Act or National Medical Commission (NMC) Act.
A single bench headed by Justice Sachin Shankar Magadum stated that “The service bonds calling upon the fresh doctors to undergo one-year Rural service appears to be reasonable.”
“The legal relationship between the petitioners and the State is that the latter will provide education in medicine by way of subsidized fees on the condition that qualified doctors would serve the rural areas of the State for a specific time. This has to be taken as a composite bargain between the State and the students and therefore, the students are bound to undergo compulsory rural service since they have voluntarily executed the Bonds,” the Court observed.
The petitioners submitted that the 2012 Act is a State Legislation, whereas NMC Act is Parliament passed Legislation. Therefore, under article 254(1) of the Indian Constitution, the State Legislation is repugnant to the Parliament passed Legislation.
The bench cited the case of Bushra Abdul Aleem v. Government, which negatived the contentions of the petitioners and upheld the 2012 Act.