Allow meritorious PG doctors to defer bond service for super-speciality training: Supreme court tells states

While granting relief in the present case by allowing deferment of bond service, the Court made it clear that this should be backed by strict safeguards, including written undertakings and financial deterrents, to ensure doctors return and complete their mandatory service after finishing higher studies.

According to a recent report by ETV bharat, the Supreme Court of India granted relief to a doctor, allowing him to postpone his compulsory service bond and complete his super-speciality course first before returning to serve the state. The top court directed the Himachal Pradesh government to release his original documents so that he can join his higher medical studies.

While considering a plea, the Division Bench comprising Justices J B Pardiwala and R Mahadevan observed that the state government wanted the doctor to first complete the bond service, as it is mandatory under the bond rules, and then apply for super-speciality courses. However, the bench said that by the time the doctor completed the service, he might become ineligible to apply for the super-speciality course with high merit. 

The Bench suggested that the state governments explore mechanisms that would allow meritorious post-graduate medical students to pursue super-speciality programs without being immediately bound by compulsory service bonds, as this would ultimately benefit the state.

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As per ETV Bharat media report, the court passed the order on January 28 while hearing a plea filed by Dr Chandran, who secured All India Rank 9 in the DM/MCh super-speciality entrance examination. He was selected for counselling at Sree Chitra Tirunal Institute for Medical Sciences & Technology, Thiruvananthapuram.

He had earlier completed his postgraduate medical degree and signed a 2-year compulsory service bond with the state. As per the bond conditions, he was required to serve the state for two years, mainly in rural areas, before pursuing further studies. Since he was selected for the super-speciality course before starting his bond service, he approached the Supreme Court seeking relief.

The candidate's counsel submitted that after the conclusion of the three-year super speciality course, he will come back to the state of Himachal Pradesh and fulfil the bond of two years. 

Kerala's advocate general contended before the bench that when a candidate undergoes a postgraduate degree, apart from the stipend that they are paid monthly, the fee of the candidate is also subsidised, and it is for that reason that a bond for a period of two years is taken so that rural areas in the state, inter-alia, have the benefit of the service of the candidate.

Taking note of the arguments, the apex court observed that those candidates who furnish a bond to the state may also aspire to acquire higher qualifications. If a candidate has to complete the service and then apply, it may happen that, in some cases, they may be rendered ineligible.

Therefore, the court suggested that the state consider creating a mechanism to defer bond service in exceptional cases where candidates secure admission to reputed super-speciality institutions on merit. 

The bench remarked that "This will also immensely benefit the state, as a candidate with a super speciality qualification will be serving the state. In this case, the candidate has secured all India Rank 9. This is a thought which we leave with the state."

However, in this particular case, the Court directed the state to return the doctor’s original certificates immediately so that he could join the course. At the same time, it ordered him to file a written undertaking stating that after completing the three-year super-speciality course, he would return to Himachal Pradesh and serve the mandatory two-year bond period. The bench said the appellant is clearly informed that any breach of the undertaking will result in proceedings for the initiation of contempt by this court.

The bench noted, "Mr. John Mathew, the counsel appearing for the appellant, submits that the appellant will furnish an undertaking to this court, stating that after the conclusion of the three-year super speciality course he will come back to the state of Himachal Pradesh and fulfill the bond period of two-year service, the undated cheque of Rs.40,00,000/- (Rs. Forty lakh only) deposited with the state can also be retained by the state so that it is a deterrent measure against the appellant. The undated cheque can be given back to the appellant only after completion of the two-year bond period."

The bench further added, "Considering the overall facts and circumstances, in exercise of our power under Article 142 of the Constitution, we direct the Himachal Pradesh to hand over the original certificates of the appellant which are deposited with the state today itself, so as to enable the appellant to report at Sree Chitra Tirunal Institute for Medical Sciences & Technology, Trivandrum on 31st January, 2026 and to avail the benefit of the seat."

"It is for the State to introspect and see, if among, those candidates who have furnished the bond, if there are exceptional candidates who have, on merit secured admission to Super Speciality courses, in reputed medical institutions, whether a mechanism can be evolved to defer the service under the bond till they complete the Super Speciality course,'' the bench said, adds Deccan Chronicle

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