Interim Relief to 180 MBBS doctors, Karnataka HC asks State not to precipitate Compulsory Rural Service for 2 weeks

Taking note of the fact that Additional Advocate General is yet to conclude his arguments and the Court has to hear the counsel for the petitioners by way of reply, the single bench of High Court comprising of Justice Sachin Shankar Magadum noted on Tuesday, "State is directed not to precipitate the matter pursuant to the impugned notification as per Annexure- A for a period of two weeks."

However, clarifying that the order is only for the petitioners, the HC bench further observed, "It is needless to state that this direction is confined to the petitioners who are before this Court as on today. However, the respondent-State is at liberty to proceed with implementation of the Notification."

Also Read: MBBS graduates Challenge Compulsory Rural Service: Karnataka HC issues Notice to Govt

With the said observations, the bench passed the interim direction to the state restraining it from compelling these 180 MBBS doctors from registering online for the Compulsory Rural Service under provisions of the Act, as per Livelaw.

Medical Dialogues had recently reported that a single bench of Karnataka High Court had issued notice to the Government and concerned authorities in a batch of petitions challenging the Compulsory Rural Service.

The petitioners had challenged the State Government's June 8 notification which asked the 2021 MBBS graduates securing Government seats to register online for the Compulsory Rural Service under provisions of the Karnataka Compulsory Service to Candidates Completed Medical Courses Act 2012 (Compulsory Act).

The counsel for the petitioners had earlier contended that although the validity of the said Act came to be upheld by the High Court, the HC had also declared that the rules would be applied prospectively and not retrospectively to students securing admission after 24.07.2015.

It was further submitted by the counsel for the petitioners that in 2019, the National Medical Commission Act came into force resulting in a paradigm shift in medical education. Gradually the State Governments lost their rights in regulating medical college admissions.

Pointing towards this change, the counsel for the petitioners had previously submitted that the recent notification by the Government stemmed out of the compulsory act, which is non-est law in light of the NMC Act.

To view the court order, click on the link below.