More than 80 MBBS doctors challenge Bond service in MP: SC junks plea
New Delhi: Denying interfering with the order of the High Court, the Supreme Court on Monday dismissed a petition filed by more than 80 MBBS doctors who are Postgraduate medical students of the 2013 batch and challenged the condition of the State Government to execute a bond for compulsory rural service.
The conditions of the bond demanded that in default thereof, the candidates would be required to forfeit the bond of Rs 8 lakh for the diploma course and Rs 10 lakh for the post-graduate course. Previously when the doctors had moved to the Madhya Pradesh High Court, the bench had dismissed the petition.
It was pointed out by the doctors that as the review petition was pending before the High Court till August 2020, the doctors could only approach the Apex Court in September 2020.
On Monday, the Supreme Court bench comprising of Justices L. Nageswara Rao and B. R. Gavai denied interfering with the judgment of the High Court and observed, "We are not inclined to interfere with the impugned judgment and orders passed by the High Court. The Special Leave Petitions are, accordingly, dismissed. Pending application(s), if any, shall stand disposed of."
The doctors sought legal help as they were aggrieved by the conditions that were imposed by the State Government to execute a bond for compulsory rural service. They submitted before the Apex Court that the execution of bond was not compulsory for 2013 when they took admission. Examination was conducted for admission and the form of admission mentioned that there was no requirement to execute a bond for the All India Quota students, reports India Legal.
Accordingly, no bond was actually executed. However, as the Central Government realized the problem, it amended the rules in 2014 and execution of bond was applied for both the State quota as well as the All India Quota.
However, as the State Government imposed conditions to execute a bond for compulsory rural service, the doctors who are pursuing Post Graduate courses were aggrieved by such conditions and they approached the High Court.
The doctors contended that PG course under the All India Quota seats cannot be made to render compulsory rural service as the conditions were not applicable for the All India Quota students. Thus, the doctors argued that the Execution instruction dated 16.08.2013 lacked the power and authority in the State for imposing such a condition.
Besides, the doctors pointed out that they were admitted after appearing in the 2013 NEET examination, where there was no requirement or condition for the compulsory rural service.
On the other hand, the counsel for the State contended that the Executive power of the state co-exists with the legislative power, and having the power to legislate in the field, the State was competent for issuing executive instructions.
It was further contended on the behalf of the state that the conditions in question have been made applicable for all the students taking admission in Madhya Pradesh and it doesn't depend on the fact whether the students have taken admission under the All India Quota or State Quota. The State argued that all the students pursuing their medical education in Madhya Pradesh medical colleges have been treated in the same way and a uniform policy has been adopted in both cases.
After listening to the contentions, the High Court had relied upon the Apex Court judgment in case of Association of Medical Super Speciality Aspirants and Residents and others vs. Union of India and others and noted that in that case the Apex Court had repelled similar contentions. Taking note of the fact, the High court had dismissed the petition.
On Monday, the Supreme Court also denied interfering with the judgment of the High Court and dismissed the plea by the doctors.
To read the Apex Court order, click on the link below.