Exemption from Compulsory Rural Service: HC gives Interim Relief to 38 MBBS Graduates
Bengaluru: Observing that there are separate provisions for the Compulsory Rural Service towards MBBS graduates and ST John's Medical College, the Karnataka High Court has recently has granted interim relief to 38 MBBS graduates of the college and directed the Government not to make the order dated 04.10.2021 regarding Compulsory Rural Service operative for those doctors.
The doctors had contended that Clause 5.4(a) (ii)of the brochure titled, "Karnataka State Revised Information Bulletin for Centralised Counseling for Post Graduate Admissions to Degree/Diploma Medical and Dental Courses" had clearly mentioned that the students of the medical college were required to furnish a certificate of two-year rural service issued by the director of medical college.
Thus noting that the petitioner doctors had made put a prima facie case for their exemptions from the rural service, the bench comprising of Justice R Devdas opined that they are entitled to relief and directed that the Government notification for compulsory rural service shall not be operative against the doctors.
"Since the petitioners have made out a prima facie case for their exemption from the rural services, the petitioners are entitled for interim relief. Consequently, it is directed that the notification dated 04.10.2021 issued by the State Government shall not be operative as against the petitioners herein until further orders," noted the bench.
However, the bench has clarified at the same time that the final order of the petition would make the final decision regarding the matter.
"It is made clear that this interim order shall be subject to the final outcome of this writ petition. If the petitioners do not succeed in this writ petition, they shall undergo compulsory services in terms of the provisions of law. The respondent-State is also permitted to move an application for vacating the interim order if it is found that there was no separate exemption given under the Karnataka State Revised Information Bulletin," clarified the order.
Also Read: One Year Rural Service Bond for MBBS doctors Reasonable: Karnataka High Court
The doctors had moved to the High Court challenging the Government order dated 04.10.2021 directing the MBBS graduates to join Compulsory Rural Service.
Referring to the brochure titled "Karnataka State Revised Information Bulletin for Centralised Counseling for Post Graduate Admissions to Degree/Diploma Medical and Dental Courses", the counsel for the petitioners, Advocate Akkamahadevi Hiremath contended that a separate note was put up in the brochure clarifying the eligibility for the medical college. According to Clause 5.4(a) (ii) of the said brochure, the students were required to furnish a certificate of two-year rural service issued by the Director of the medical college.
Besides, the Certificate Confirmation is separately given for the PG Category 1 and 2 students. It would certify that the student who had graduated from the medical college had done two years of rural service as required by the bond executed by him/her at the time of admission.
The counsel for the petitioners further contended that 13 doctors had already completed the two years of rural service at the medical college and the rest of the 25 petitioners have executed a bond for undergoing one year of rural service at the medical institute, complying the terms of the prescription in the Bulletin of the Karnataka Examinations Authority.
On the other hand, the Additional Advocate General, the counsel for the State placed reliance on the High Court order in Ms Bushra Abdul Aleem Vs. The State of Karnataka & others and connected matters and argued that this contention of the SJMC graduates have already been considered by the co-ordinate bench which had dismissed the same.
He further argued that all the candidates except those undergoing rural service after MBBS are required to comply with the rural service orders and there could be no exception for the St. Johns Medical College graduates.
The HC bench considered all these contentions and noted,
"This Court finds that the separate provisions made in the Bulletin issued by the Directorate of Medical Education, Government of Karnataka and the Karnataka Examinations Authority, making separate provision for SJMC, MBBS Degree Holders enabling the students who prosecuted MBBS Course at SJMC (St. Johns Medical College) to undergo two years of rural service and a Bond in that regard having been directed to be executed at the time of admissions to SJMC and another category of SJMC students, who had not already undergone two years rural service, who are required to execute a one year Bond to serve in St.John's National Academy of Health Sciences and/or its approved Health Care Centres after the completion of PG course and a bond to be executed which levies penalty of Rs.5 lakhs for contravention, it clearly shows that a separate provision has been made for the students of SJMC in the said Bulletin itself."
"It has been asserted by the petitioners that they have either undergone two years of rural service as prescribed in the Bulletin and/or some of the petitioners have signed a bond to do one year of compulsory service. Therefore, the petitioners cannot be compelled to undergo the compulsory services, prima facie," further added the bench.
Thus giving interim relief to the petitioner doctors, the court observed,
"It is made clear that the petitioners who furnish a certificate from SJMC that they have undertaken rural service are entitled for release of their testimonials/ marks cards and Registration and NOC from Karnataka Medical Council, which shall, however, be subject to the final outcome of this writ petition."
To read the court order, click on the link below.
