Supreme Court calls for uniform national policy on compulsory rural service for medical students
New Delhi: There should be a uniform policy for the compulsory rural service to be rendered by medical students, the Supreme Court of India recently suggested.
In response to the Apex Court's recommendation, the Solicitor General agreed to get instructions from the Centre regarding the proposal of such a pan-Indian policy, Live Law has reported.
The Supreme Court bench comprising Justices PS Narasimha and Alok Aradhe made this observation while hearing a plea that challenged the requirement of one year of compulsory public rural service for medical students in Karnataka. Issuing a notification, the Karnataka Government mandated that medical students fulfil this requirement to be eligible for permanent registration with the Karnataka Medical Council.
As per the latest media report by Live Law, during the hearing of the matter, Justice Narasimha observed that the policy is very important and further suggested the formulation of a uniform policy in this regard, as the medical students have an obligation towards nation building as well.
Medical Dialogues had previously reported that, in May 2024, the Apex Court bench, while issuing notice, had questioned why the medical students from private medical institutes should be exempted from working in rural areas.
While considering the plea, the top court bench had 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?"
Once again, Justice Narasimha reiterated these concerns yesterday and suggested that the subsidies by the States also play an important role because at the end of the day, the students learning medicine are an asset to the State, which can be employed for the larger good.
He remarked, "It's a very important policy because no medical education is complete without States' subsidy at any point of time. Even if we don't think about States' subsidies, the technique of medicine or the science of medicine is a resource and that State must be entitled to challenge it."
Accordingly, listing the matter after three weeks, the top court bench ordered, "Learned Solicitor General asked to adjourn the case for three weeks in order to take instructions in need for formulating a policy. List after three weeks."
Present Petition:
Under the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012, and subsequently framed Karnataka Compulsory Service Training by Candidates Completed Medical Course Rules, 2015, every MBBS graduate, Post-Graduate (Diploma or Degree), and Super Specialty candidate, who has pursued their education either in a government university or on a government seat in a private/deemed university, is mandated to render one year of compulsory public rural service.
The students are issued the requisite No-Objection Certificate (NOC) only after fulfilling this requirement, and thereafter they become eligible to get permanent registration from the Karnataka Medical Council.
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.
Also Read: Karnataka Govt Proposes Restricting Compulsory Service Only for GMC Graduates
