ESIC doctors seek 50 percent in-service reservation: SC demands clarity on bond term

Published On 2022-06-27 04:00 GMT | Update On 2022-06-27 04:00 GMT

New Delhi: Taking note of the change in the bond-service policy for MBBS graduates of ESIC-run institutes, the Vacation bench of the Supreme Court has recently asked the counsel for Employees State Insurance Corporation (ESIC) to confirm if the bond tenure has been reduced from 5 years to 1 year.Directing the ESIC counsel to submit an affidavit in this regard, the top court bench comprising...

New Delhi: Taking note of the change in the bond-service policy for MBBS graduates of ESIC-run institutes, the Vacation bench of the Supreme Court has recently asked the counsel for Employees State Insurance Corporation (ESIC) to confirm if the bond tenure has been reduced from 5 years to 1 year.

Directing the ESIC counsel to submit an affidavit in this regard, the top court bench comprising of Justices C.T. Ravikumar and Sudhanshi Dhulia noted, "Learned counsel appearing for the Employees State Insurance Corporation shall file a short affidavit on the submission that in 2020, the policy with respect to bond and tenure was changed and also its consequential impacts."

The top court bench was considering a plea doctors graduated from institutes run by Employees State Insurance Corporation (ESIC), who sought 50 percent in-service reservation for admission into PG medical courses. Medical Dialogues had earlier reported that apart from reservation benefits, these Junior Resident Doctors belonging to such ESIC institutes had also prayed for being declared as "in-service" doctors of ESIC/ESIS for being able to avail the reservation benefits.

The doctors in their plea referred to the policy of ESIC and pointed out that only the doctors who are recruited by ESIC (IMO-II) and are working in the ESIC institutes are eligible for availing the 50% reservation for PG medical admissions in the ESIC hospitals.

They also stated how the Junior Resident Doctors have executed a bond of serving the ESIC Hospitals as in-service candidates for a period of five years with ESIC.

"Qualifications, entitlements, duties and responsibilities as well as pay scale of junior resident doctors and IMO-II are one and the same. Both officials are at par," the doctors had contended in their plea.

Also Read: ESIC doctors move Supreme Court seeking 50 percent in-service reservation for PG medical admissions

The plea further added, "though Petitioners are similarly placed junior resident doctors like IMO- II but they are not held to be eligible for said 50% quota of ESIC Hospitals. Thus the policy of ESIC is arbitrary and discriminatory which violates Article 14 of the Constitution. It is submitted that ESIC has been granting benefit of reservation to one set of in service candidates and denying said benefit to another set of in service candidates, when both are at par and similarly placed."

Referring to the ESIC's policy, the counsel for the petitioner doctors argued before the top court bench that only IMO-II (doctors who are recruited by ESIC) working in the ESIC institutions have been given 50% reservation in PG medical seats in the ESIC Hospitals. At this outset, he also claimed that the Junior Resident Doctors have even executed a bond of serving Hospitals of ESIC as in-service candidates for a period of five years.

As per the latest media report by Live Law, the counsel for ESIC challenged this claim regarding 5-year bond service term and informed the top court that the tenure of bond service has now been reduced from 5 years to 1 year. The decision in this regard was taken on November 24, 2020, claimed the ESIC counsel.

"The bond now has to be given only for 1 year. They are basically alumni of ESIC hospital & they're only required to serve for 1 year. Now there's another cadre of doctors. NBE provides for a 50% quota for the in-house doctors," he submitted.

After taking note of the submissions made by both the parties, the top court bench directed the counsel for ESIC to submit an affidavit regarding the changed bond policy.

The matter had been listed for further hearing on 22.07.2022.

To read the order, click on the link below.

https://medicaldialogues.in/pdf_upload/supreme-court-esic-179485.pdf

Also Read: ESIC invites applications for MBBS, BDS Admissions to 465 Wards of Insured Persons category seats, Check out admission details

Article Source : with inputs from Live Law

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Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

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ESIC doctors seek 50 percent in-service reservation: SC demands clarity on bond term

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