Major Relief: Karnataka HC nullifies 5 year Bond service rule imposed by ESIC medical colleges on MBBS doctors
Bengaluru: In a major relief to MBBS doctors seeking admission to PG Medical courses, the Karnataka High Court has ordered the Employees State Insurance Corporation Medical College and Hospital (ESIC) to release their transfer certificates without mandating the compulsory bond service of 5 years. The institute has further been directed to upload these certificates to Karnataka Examinations Authority (KEA) for expedited admission process.
The decision to this effect was taken by the bench of Honourable Justice Justice R Devdas who allowed the petition filed by 13 doctors, in view of the ongoing coronavirus (COVID 19) epidemic.
The petitioners were aggrieved by the arbitrary action of the ESIC administration, ESI Corporation Medical College and PGIMSR, Bengaluru, inasmuch as withholding the transfer certificates and refusal to issue No Due certificates to the petitioners, who are pursuing the Entrance Examination having passed MBBS from the institutions, for the purpose of securing seats for Post Graduate Degree course under All India quota.
The allegation made by the petitioners against Institutions was that having given seats to the petitioners an arbitrary exercise of getting bonds executed for a period of five years of compulsory service in their hospitals under duress is resorted to.
The legality of service bonds being executed under duress fell for consideration before co-ordinating bench of the Court and the Court by February order and connected matters held that the ESI Corporation and its Colleges could not have got the bonds executed from the petitioners and at any rate, the same cannot be enforced against the petitioners.
Calling out the said matter, the court had issued an emergency notice to the authorities, except the learned counsel for the Medical Council of India and the learned Additional Government Advocate, there was no representation for the other respondents.
Taking consideration of the orders passed by the court which are applicable to the petitioners, the HC allowed the plea.
"A writ of mandamus is issued directing the respondents No.4 and 5 to issue an endorsement to the petitioners relieving them of all liabilities"
On the connected note, the counsel for the petitioners had requested the court to issue directions to the Institutions to upload the transfer certificate directly to the Karnataka Examinations Authority to enable the petitioners to proceed in the selection of seats; in view of the COVID-19 pandemic. Taking this into account, the court stated,
institutions are therefore directed that the transfer certificates of the petitioners may be uploaded directly to the Karnataka Examinations Authority in view of the peculiar facts and circumstances of this case surrounding the COVID-19 pandemic. The Karnataka Examinations Authority which is respondent no.3 shall also ensure that the transfer certificates are received from the respondents No.4 and 5 – Institutions.
The institutions are also directed to release all the original documents viz., the SSLC and PUC Marks cards and Transfer Certificate, Provisional Pass Certificate, Internship Completion Certificate, No objection certificate, No Due Certificate, Study Certificate, Conduct Certificate, Bonafide Certificate, MCI Recognition Certificate, Pass Certificate, Academic Certificate, Attempt Certificate, Final Year MBBS Marks Card and Transfer Certificates. Consequently, respondent No.7-Rajiv Gandhi University of Health and Sciences is also directed to issue the original Degree Certificates after the documents are released by the institutions. However, as directed to the respondents No.4 and 5 Institutions, it is also hereby directed RGUHS shall upload the original Degree Certificates of the petitioners directly to the Karnataka Examinations Authority, in view of the difficult circumstances surrounding COVID-19 pandemic, the petitioners may not be able to run around for the original documents and submit the same to the Karnataka Examinations Authority. The Karnataka Examinations Authority is also directed to accept the original Degree Certificates and other documents which may either be submitted by the petitioners or would be directly uploaded by the institutions as well as RGUHS.
Similarly, Karnataka Medical Council was also directed to enrol the petitioners as Doctors and issue the registration certificates to enable the petitioners to pursue their Post Graduation course.
Attached is the detailed order below: