Doctors move Karnataka HC against single bench order upholding compulsory 1-year urban service
Bengaluru: Challenging the order of a Single Judge Bench that called for the compulsory one-year training in an urban area, the Post Graduate doctors have moved a plea with Karnataka High Court, seeking to set aside the notification issued by the state government, and the order by the single bench which upheld the validity of Section 4 of the Karnataka Compulsory Service Training by Candidates Completed Medical Course (KCS) Act, 2012, that calls for the same.
The petition has been moved by 281 postgraduates degree and diploma holders falling under the Management category, who challenged a state government notification issued on July 23 directing one-year compulsory training in urban areas for postgraduate and diploma medical students, after the completion of their course.
The matter was expected to be heard by a Division Bench headed by Justice BV Nagarathna. The petitioners put forth their grounds for seeking the dismissal of the mandatory 1-year urban service.
The petitioners contended that they had obtained the seats under the private, management, and NRI quotas and are paying huge tuition fees, ranging from Rs 6 lakh to Rs 75 lakh every year. The plea added that the one-year compulsory service was neither mentioned in the brochure nor were the appellants made aware of the pending writ petitions relating to the said issue.
"In fact their brochure made a mention of compulsory service by the government seat students for 3 years, which actually becomes a reassurance that no compulsory service was required from the Management students. Hence, they are liable to be made amenable to the impugned enactment and they have to be exempted from its purview", mentions the appeal.
Besides, the plea also challenged the order of a Single Judge Bench passed on August 8, 2019. As per this order, the High Court had upheld the validity of Section 4 of the Karnataka Compulsory Service Training by Candidates Completed Medical Course (KCS) Act, 2012, which called for the compulsory one-year urban service.
The appeal further pointed out that the Single Judge had wrongly granted legislative competence to the State on the subject of registration of the degree conferred on the doctors, which enables them to start professional practice. The impugned Act was brought under Entry 26 of List III, and Entries 6 and 41 of List II.
With reference to the cases that the Single Judge relied upon, the plea stated, "there was not a whisper in the said judgments about Management category seats/students regarding compulsory service".
It was further stated that as per Section 3 of the Act, candidates are required to undergo one-year training in rural government hospitals after the completion of the MBBS course.
Moreover, Section 4 of the Act was amended in 2017 and the same envisages one-year compulsory training in urban areas after the completion of the PG course
Thus, the doctors have prayed for the quashing of Section 4, stating that it negates the very purpose of the enactment. However, the petitioners have clarified that the challenge is only against bringing them under the provision of the KCS Act and that they have no issues serving under the Disaster Management Act.
Earlier this month, the High Court had issued a notice in the plea challenging this notification. A Division Bench headed by Chief Justice Abhay Shreeniwas Oka had issued notice to the state government, the Director of Public Services, Medical Council of India (MCI), the Karnataka Medical Council (KMC), and Rajiv Gandhi University of Health Sciences (RGUHS).
To Read Plea, click on the link given below-