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Assn of Medical Residents V UOI
Assn of Medical Residents V UOI
Assn of Medical Residents V UOI
IN
Reportable
Versus
WITH
JUDGMENT
L. NAGESWARA RAO, J.
Leave granted.
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10.06.2014.
later.
serve for five years in the Armed Forces Medical Services. They
High Courts’:
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Bengal on the basis of their merit in the All India Post Graduate
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(supra) and Anand Biji (supra) did not relate to the compulsory
bonds and hence, were not applicable to the facts of the case.
The stand of the State was that none of the fundamental rights
Division Bench:
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Division Bench holding that the provisions of Article 166 (1) &
observed that the State Government has the right to fill the
with the findings of the learned Single Judge that the Appellants,
LRs & ORs. V. Shirdi Nagar Panchayat & Anr. 6 to hold that
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obligations as they were admitted from the All India Quota was
place of practice for one year. After dealing with all the points
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view different from the one taken by Calcutta High Court, Kerala
High Court, Karnataka High Court and the Bombay High Court.
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per the judgment of the learned Single Judge of the Gujarat High
Gujarat that an appeal has been filed against the said judgment
Pleadings
where there are facilities and they should not be wasted in rural
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should exist.
2010 and SLP (C) No. 19100 of 2019 in the Appeals arising out
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voiced his concern for the need to balance the academic career
Government.
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appearing for the Appellants in the Appeal arising out of SLP (C)
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Trust.13 Mr. Dwivedi urged that the source from which the
against the State Quota students. Mr. Dwivedi argued that the
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14(1)(b) of the Specific Relief Act does not arise for our
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the first year, Rs. 89,495/- for the second year and Rs. 92,191/-
for the third year. The doctors who receive highly subsidized
State for a short period of time. The bond condition in the State
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and the order passed in Anand S. Biji (supra) were not related
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government colleges.
the State of Gujarat submitted that there are six colleges in the
In all, there are 122 seats out of which 76 seats are in the
month for their first year, second year and third year courses
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State of Orissa brought to our notice that all the 45 seats in the
appearing for the State of Tamil Nadu stated that there are 334
pay Rs.2 Crores in default. The State reviewed the policy and
Analysis:
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Article 14 :
A. Arbitrariness
the doctors. Above all, the State Governments have taken into
account the need to provide health care to the people and the
arbitrary.
B. Reasonableness
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the bond condition was that a doctor has to serve for ten years
in the State and in default of which, the doctor was to pay Rs.2
Crores. This was reduced to two years and Rs.50 Lakhs. The
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agreement with the learned counsel for the doctors that the
Article 19:
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Calcutta High Court that the Appellants have not been able to
Article 21
have to take a back seat. The High Court also recalled what
Marcus Tullius Cicero said about the good of the people being
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and which forms the ark of all other rights must therefore be
and enhance the dignity of the individual and the worth of the
much more than just physical survival. The right to life includes
the right to live with human dignity and all that goes along with
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good life.
Senior Counsel for the State of West Bengal that the positive
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the High Court is to the effect that private interest has to take a
that:
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Article 23
Counsel for the Appellants is that the conditions of the bond per
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‘forced labour’.
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institutions.
…................................J.
[L. NAGESWARA RAO]
..............................J.
[HEMANT GUPTA]
New Delhi,
August 19, 2019
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