No Obligation to Nation Building? SC slams Private medical college students challenging compulsory rural service
New Delhi: Just because a student is pursuing his/her medical education from a private medical college, are they exempted from undergoing the mandatory rural service? The Supreme Court raised this question yesterday i.e. on May 22 while considering a plea in this regard.
Filing the plea, the medical students challenged a notification issued by the Karnataka Government, which made it a mandatory requirement for the medical students to fulfil one year of compulsory public rural service to become eligible for permanent registration with the Karnataka Medical Council.
The Apex Court bench comprising Justices P.S. Narasimha and Sanjay Karol issued notice to the state government and the Karnataka Medical Council in the matter.
However, as soon as the matter was taken up, Justice P.S. Narasimha expressed his doubts as he noted that just because a student studies in a private college, they would not be exempted from working in rural areas.
As per the latest media report by Live Law, while considering the plea, the top court bench observed, "What is wrong? Private (institution) people have no obligation of nation building? Just because you go and study in private hospital, private law college, you have an exemption from working in rural areas? What is this which gives you an exemption just because you studied in private medical college that you cannot work in rural areas?"
Responding to this, the petitioners' counsel submitted that there were bandwidth and language issues. However, at this outset, Justice Narasimha observed, "So what? It is a beautiful thing that you go somewhere else and work. You walk up and down India and work in different rural areas. That is such a beautiful thing to do."
"What is this exemption? Just because you are rich and you go to a private medical college and you get an exemption from going to the rural areas...where do you get these ideas? Because you have purchased your degree…Private medical colleges need not be compelled or forced to work in rural areas...can you even say something like that? Can the students be permitted to argue like that?" he further noted, adds Livelaw.
Thereafter, the petitioners' counsel referred to the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012 and the Karnataka Compulsory Service Training by Candidates Completed Medical Course Rules, 2015, which was framed later.
As per the scheme, it is mandatory for every MBBS graduate, every Post-Graduate (Diploma or Degree), and every su[er Specialty candidate who have pursued their education either from a government university or on a government seat in a private/deemed university to undergo one year of compulsory public rural service.
The rules require the MBBS graduates to fulfill this condition of rural service and only after that a No-objection certificate (NOC) gets issued, which enables the students to be eligible for permanent registration with the Karnataka Medical Council. However, this requirement was extended to the students enrolled in private seats in private/deemed universities as well through the notification issued on 28.07.2023.
Filing the plea, the students argued that the Candidates enrolled in private or deemed universities on private seats, who are pursuing their studies at significantly higher costs, constitute an intelligible differentia under Article 14 of the Constitution of India. Therefore, the petitioners argued that they are not to be subjected to compulsory service requirements.
The petitioners relied on the Supreme Court's decision in the case of Association of Medical Super Speciality Aspirants Residents & Ors. Vs Union of India & Ors. In this case, the Apex Court had rejected the challenge against the imposition of compulsory bonds to be executed at the time of admission to PG medical courses and Super Speciality courses.
However, at the same time, in this case, taking note of the rigid compulsory bond conditions in certain State Governments, the Apex Court had suggested the Union Government and the Medical Council of India to take steps to have a uniform policy regarding the compulsory service to be rendered by doctors who are pursuing their medical education in the government institutes.
Referring to this, the petitioners prayed to the Apex Court to issue a writ of mandamus or any other appropriate order directing the Commissionerate of Health & Family Welfare Services to issue the required NOC to the petitioners without subjecting them to any affidavit of compulsory rural service. They also urged the Court to direct the Karnataka Medical Council to accept their Permanent Registration.
"The Supreme Court, acknowledging our arguments, has issued a notice to the Karnataka Medical Council (KMC) and the Government of Karnataka. The case will proceed with the next hearing, where these respondents will provide their clarifications," said a statement forwarded by the students, quotes Edexlive.
"Looking at the precedent set in the past, the Supreme Court decided that the case needs to be heard in greater detail and the court has asked the student to take their registrations and assign the affidavits. It has also ensured that the affidavits will be cancelled in case the court finds that this policy has been applied illegally and has no basis in law," said a KMC Manipal student, on the condition of anonymity.
Medical Dialogues had previously reported that earlier this month, the MBBS students from a private medical college in Karnataka approached the Karnataka High Court against the State Government authorities for imposing a compulsory rural service bond on them as they alleged that they were not informed about the bond service conditions at the time of MBBS admission.
As per the rules, MBBS students enrolled in government medical colleges must undergo a compulsory one-year rural medical service. However, the students pointed out that the bond condition has not yet been applied to the students enrolled in private medical colleges and deemed universities.
Although one-year compulsory rural service was mandatory only for the medicos from government medical colleges, Karnataka Compulsory Service Training by Candidates completed Medical Courses Act, 2012 made it applicable for the medical graduates from the private medical colleges as well.
Last year, introducing major changes in the compulsory rural service policy in Karnataka, the State Health Department had proposed to restrict it only to the students in government medical colleges.
This policy change were proposed by the Health Department of Karnataka with the aim to lessen the financial burden on the government. If implemented, this can lead to Rs 544 crore annual savings.
Also Read: Karnataka Govt Proposes Restricting Compulsory Service Only for GMC Graduates
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