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Just Becasue You're Rich & Went To Private Medical

Collge, Can You Seek Exemption From Rural Service?
Supreme Court Asks MBBS Students
Gyanvi Khanna
(/gyanvi-khanna)
22 May 2024 4:05 PM

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The Supreme Court (today on May 22) issued notice in a writ petition filed
challenging a notification issued by the Karnataka Government that required the
medical students to fulfill one year of compulsory public rural service in order to be
eligible for permanent registration with the Karnataka Medical Council.

The matter was placed before Justices P.S. Narasimha and Sanjay Karol.

As soon as the matter was taken up, Justice P.S. Narasimha expressed his doubts,
saying that just because a student studies in a private college, they would not
exempt the person from working in rural areas.

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“What is wrong? Private (institution) people have no obligation of nation building?

Just because you go and study in private hospital, private law college, you have an
exemption from working in rural areas? What is this which gives you an exemption
just because you studied in private medical college that you cannot work in rural
areas?”

When the counsel, representing the petitioners, submitted that there were
bandwidth and language issues, Justice Narasimha replied:

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“So what? It is a beautiful thing that you go somewhere else and work. You walk up
and down India and work in different rural areas. That is such a beautiful thing to
do.”

He went on to say “What is this exemption? Just because you are rich and you go
to a private medical college and you get an exemption from going to the rural
areas...where do you get these ideas? Because you have purchased your degree…
Private medical colleges need not be compelled or forced to work in rural
areas...can you even say something like that? Can the students be permitted to
argue like that?”

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The counsel thereafter referred to the Karnataka Compulsory Service Training by

Candidates Completed Medical Courses Act, 2012, and subsequently framed the
Karnataka Compulsory Service Training by Candidates Completed Medical Course
Rules, 2015.

The scheme mandates every MBBS graduate, every Post-Graduate (Diploma or

Degree), and every Super Specialty candidate who has pursued their course of
study either in a government university or on a government seat in a
private/deemed university to render one year of compulsory public rural service.
Only after the fulfillment of this requirement will the requisite No-objection
certificate (NOC) be issued, and this will enable the petitioner to be eligible for
permanent registration with the Karnataka Medical Council.

As per the notification dated 28.07.2023, this requirement was extended to

candidates enrolled in private seats in private/deemed universities.

Pertinently, in the petition it has been argued that the Candidates enrolled in
private or deemed universities on private seats, who are pursuing their studies at
significantly higher costs, constitute an intelligible differentia under Article 14 of
the Constitution of India. Consequently, they are not to be subjected to compulsory
service requirements, argued the petitioner.
To support this, the Top Court's decision in Association of Medical Super
Speciality Aspirants Residents & Ors. Vs Union of India & Ors W.P.(C) No. 376/2018
(https://www.livelaw.in/top-stories/compulsory-service-bonds-admission-pg-
medical-super-speciality-courses-upheld-147316) has also been cited. In this, the
Court rejected the challenge against the imposition of compulsory bonds to be
executed for admission to post-graduate medical courses and super specialty
courses.

However, at the same time, it was noticed that certain State Governments have
rigid conditions in the compulsory bonds and therefore suggested that Union of
India and the Medical Council of India may take steps to have a uniform policy
regarding the compulsory service to be rendered by the Doctors who are trained in
government institutions.

In view of this projection, the writ petitioner has primarily prayed for the following
two directions:

“Issue a writ of mandamus or any other appropriate writ, order, or direction

directing the Commissionerate of Health & Family Welfare Services to issue the
required NOC to the petitioners without subjecting them to any affidavit of
compulsory rural service.

Issue a writ of mandamus or any other appropriate writ, order, or direction

directing the Karnataka Medical Council to accept the Permanent Registration of
the Petitioners.”

Case Title: ASHISH REDU VS. GOVERNMENT OF KARNATAKA., W.P.(C) No.

332/2024
 Tags SupremeCourt (https://www.livelaw.in/tags/supremecourt)

Medical College (https://www.livelaw.in/tags/medical-college)

Writ Petition (https://www.livelaw.in/tags/writ-petition)

Justice PS Narasimha (https://www.livelaw.in/tags/justice-ps-narasimha)

Justice Sanjay Karol (https://www.livelaw.in/tags/justice-sanjay-karol)

Karnataka Compulsory Service Training By Candidates Completed Medical Courses Act

2012 (https://www.livelaw.in/tags/karnataka-compulsory-service-training-by-candidates-
completed-medical-courses-act-2012)

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