Rs 50 Lakh Bond Rule on Hold: Telangana HC Interim Relief to 46 Super-Speciality Doctors

Hyderabad: The Telangana High Court has imposed an interim stay on the bond service joining order of 46 super-speciality doctors, who had approached the HC bench challenging the compulsory government service rules and seeking the release of their original certificates.

While considering their plea, the vacation bench of the Telangana High Court comprising Justice J. Sreenivas Rao directed the State not to impose the joining guidelines for four weeks on these doctors. 

Filing the plea before the HC bench, these doctors prayed for an order declaring the action of the authorities in withholding the original certificates on the completion of the DM/MCh Doctorate of Medicine or Master of Chirurgiae courses contrary to the Apex Court order and the judgment of the High Court in D Vaishnavi v State of Telangana.

They also prayed the Court to declare that the Government Order dated 06.09.2017 issued for Compulsory Resident Specialist Postings for Super Speciality Post Graduates as illegal, arbitrary and in violation of Article 14, 19, 21 and 254 of the Constitution of India.

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These petitioners completed super-speciality courses under the Post-Graduate Medical Education Regulations, 2022, and are awaiting the award of certificates. During their admission to the super-speciality courses during the academic year 2021-2022, the Government issued an order in 2017 and incorporate a government service bond of Rs 50 lakh. As per the bond terms, the doctors are required to serve the government for two years after completion of the course. Otherwise, they are liable to pay Rs 50 lakh as a penalty.

Meanwhile, the Director of Medical Education issued a notification for compulsory Government Service for Super Speciality Course calling for the counselling of super speciality residents who have passed in April, 2025 from the Government Medical Colleges, which held as per the scheduled date. Doctors were directed to report before 27.05.2025 to the Principal of the allotted place of posting.

However, challenging the DME notification, the petitioners approached the High Court bench. As per the latest media report by Deccan Chronicle, the counsel for the petitioners, L. Ravichander, submitted that their original certificates were being withheld to enforce a two-year compulsory government service, even though some had already completed the requirement or worked in other states.

He also argued that the doctors were coerced into signing surety bonds at admission, with the threat of seat cancellation if they refused. Arguing that the Rs 50 lakh bond penalty was arbitrary and unconstitutional, the petitioners also argued that the GO contradicted the National Medical Commission's recommendation dated October 27, 2021, which advised against such bonds and mandatory rural service.

The petitioners' counsel also submitted that previously, questioning similar conditions issued by the Director of Medical Education, similarly situated doctors approached the Court and while considering the same, the Court had suspended the notification partially. Accordingly, the petitioners' counsel sought similar relief.

Taking note of the submission, the HC bench suspended the bond service requirement for these 46 doctors temporarily and ordered, "In view of the above, there shall be interim suspension of condition No.7 issued in the notification and guidelines dated 20.05.2025 by the Directorate of Medical Education/respondent No.5, i.e., "If they violate the bond condition either by not joining or by not completing the stipulated service period of one year after obtaining the super-specialty degree Rs.50,00,000/- shall be levied as penalty from those who violate the bond conditions as per G.O.Ms.No.165, HM&FW (C1) Department dated 06/09/2017." for a period of four (4) weeks. However, if any of the petitioners is intended to join the mandatory Rural Service Scheme, they are at liberty to do so."

However, the bench clarified that "The above suspension of the condition No.7 issued in the notification and guidelines dated 20.05.2025 is only confined to the petitioners in the present writ petition, as the counseling has already been commenced."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/microsoft-word-iowp151902025-287994.pdf

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