Deepali Kalia-
On 29th June, Karnataka High Court passed an interim direction stopping the State government from compelling 180 doctors to register online for Compulsory Rural Service as per the Karnataka Compulsory Training Service By Candidates Completed Medical Courses Act, 2012.
While hearing a clutch of petitions, a Single Judge Bench of Justice Sachin Shankar Magadum stated that, “Since the learned Additional Advocate General is yet to conclude his arguments and this Court has to hear the counsel for the petitioners by way of reply, the first respondent-State is directed not to precipitate the matter pursuant to the impugned notification as per Annexure- A for a period of two weeks only in respect of the petitioners who are before this Court”.
It was clarified by the Court that, “It is needless to state that this interim arrangement is confined to the petitioners who are before this Court. However, the respondent-State is at liberty to proceed with implementation of the Notification as per Annexure- A.”
The petition filed by Dr Prathana N through counsels Manik B T of Thiru and Thiru Chambers argued that the validity of the said law was upheld in the case of Bushree Antal Aleem but it was established that its applicability is prospective and not retrospective.
Therefore, it would not apply to students who got admission after 24.07.2015.
The petition further submitted that the National Medical Commission (NMC) Act caused a paradigm shift in medical education when it came into force in 2019 and the States as a result lost their rights with respect to regulating medical college admissions.
Hence, the June 6th notification comes out of the compulsory act which is a non-est law in view of the NMC act.
