1 Year Compulsory Rural Service Challenged: Karnataka HC Notice to govt
Bengaluru: While considering a petition challenging one-year rural service mandatory for all post-graduate doctors, the Karnataka High Court has issued notice to the Union and State Government and other respondents in the matter.
The plea filed by PG doctors of the batch 2019-2019 and 2019-2020 has challenged Section 4 of the Karnataka Compulsory Service Training by Candidates Completed Medical Course Act, (KCS) 2012, which made the rural service compulsory.
Clubbing the matter along with several other similar cases, the bench has directed the State Government to seek instructions and file its objections. The matter would be next heard on February 22.
Also Read: Compulsory Govt Service: Karnataka HC grants relief to 515 PG medicos
As per the latest media report by LiveLaw, filed through Advocate Akkamahadevi Hiremath, the plea stated that the Petitioner doctors were not notified about the requirement to perform compulsory service under the KCS Act in the Information Bulletin/Brochure issued by the Medical Counselling Committee (MCC).
Not having the knowledge, they should be exempted from undergoing the compulsory rural service, the doctors in their plea argued.
At this outset, the petitioner doctors have relied on the High Court order dated 30.03.2021. Medical Dialogues had earlier reported that providing relief to 515 students who took admission in 2017-2018, and 2016-2017, the HC in the order dated 30.03. 2021 had mentioned, "The students of the academic years 2016-17 and 2017-18 were not made aware of the implementations of the provisions of the instant Act and Rules and no bonds have been executed by the petitioners of the academic years 2016-17 and 2017-18. Therefore, the provisions of the instant Act and Rules shall not be made applicable to the PG students/petitioners who were admitted to the course during the academic years 2016-17 and 2017-18."
However, at that time, the HC had also clarified that this exemption shall not be provided to the batches belonging to 2018-2019 and onwards as they were being made aware of the provision.
"On the other hand, PG students/petitioners from the academic year 2018-19 onwards have been informed of the implementation of the Act and Rules, following which they have executed bonds undertaking to abide by solemn undertaking. Therefore, the provisions of the instant Act and Rules shall be made applicable to the PG students/petitioners who were admitted to the course during the academic year 2018-19 and onwards," the HC had held in the 30.03.2021 order.
Referring to this order, the petitioner doctors submitted before the Court that most of them after clearing the NEET PG 2018 entrance exam, became eligible for admission to various colleges affiliated to the deemed to be universities. Following this, they uploaded their options and choices of the colleges on the basis of the available information on the Proforma of the individual colleges put up on the website of MCC, the regulatory body for conducting counselling for the admission to PG admissions in deemed to be universities.
The doctors contended in the plea that even though they were selected for admission under private/NRI/management quota, the proformas of the colleges were silent on the KCS Act.
"Petitioners went by the proforma of the colleges before deciding to get admitted. The proforma of the respondent colleges, put on the 2nd respondent's website did not speak of any bond to be given under the Karnataka Compulsory Service Training by Candidates Completed Medical Course Act, 2012". Respondent colleges did not obtain any bond from respective Petitioners," mentioned the plea.
"The Petitioners completed their courses in July-August 2021 but were shocked to be told by their colleges that they have to serve for one year under KCS Act. The students were stumped as they had raised huge loans or spent huge sums of money with an eye on their career and till that point, they were not informed by any of the respondents that they were obliged to do one-year compulsory service under KCS Act," the plea further added.
"On 21-08-2021, the State government issued a notification stating that the PG students of deemed universities were required to do one year compulsory service under the KCS Act. However, since the petitioners herein as they were not informed either by the MCC or by the State Government before or at the time of taking admission, they are to be exempted from compulsory rural service," it added.
