The HC bench issued this interim order on Wednesday while considering a plea filed by 23 doctors who challenged the G.O 165 dated September 6, 2017. As per the concerned G.O., PG super speciality students mandatorily needed to undergo compulsory resident specialist posting, without which the original degree certificates of the students were not returned to the students.
Further, another condition specified in the G.O was that students who got admitted in the super speciality courses in 2017-2018, required to execute an undertaking in the form of a bond stating that if they failed to serve the government for two years after completion of the course, they would have to pay Rs 50 lakhs to the State as bond penalty.
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However, this Government Order was challenged by several doctors. As per the latest media report by Deccan Chronicle, the counsel for the petitioners, senior counsel L. Ravichander argued that the imposition of such a condition was not only illegal but it also amounted to disguised bonded labour forced upon students by the State.
Further, the counsel argued that only because the residents signed the bond at the time of admission, it did not impose a duty on the doctors. Besides, the petitioners also highlighted that the government order was actually contradictory to the directions issued by the National Medical Commission (NMC), which had recommended scrapping bond policy and mandatory rural service after a suggestion made by the Supreme Court on the matter.
The petitioners' counsel pointed out that requiring the student to serve or pay Rs 50 lakh bond penalty is a case of capitation fee. He submitted, "it is strange that the government which is required to supervise the prohibition of collection of capitation fee is itself collecting capitation fee."
After considering these arguments, the HC bench passed a detailed interim order and directed the Government to file its response in two weeks. The matter has been listed for further hearing after three weeks and until that time, the interim suspension orders will prevail.
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