Compulsory one-year public service not applicable to PG Medical Students admitted before 2018-19: Karnataka High Court

The Karnataka High Court recently clarified that the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act, 2012 is applicable only to students who joined postgraduate medical degree/diploma courses from the academic year 2018-19 onwards [Dr Sadhwini & Ors v. State of Karnataka]..As a result, the one-year compulsory service mandated by the Act and Rules will not apply to those who were admitted to the courses during the academic years 2016-17 and 2017-18..Highlighting this, Justice R Devdas held,“Having analyzed the contentions, this court finds that the students of the academic years 2016-17 and 2017-18 were not made aware of the implementations of the provisions of the instant Act and Rules and no bonds have been executed by the petitioners of the academic years 2016-17 and 2017-18. Therefore, the provisions of the instant Act and Rules shall not be made applicable to the PG students/petitioners who were admitted to the course during the academic years 2016-17 and 2017-18. On the other hand, PG students/petitioners from the academic year 2018-19 onwards have been informed of the implementation of the Act and Rules, following which they have executed bonds undertaking to abide by solemn undertaking. Therefore, the provisions of the instant Act and Rules shall be made applicable to the PG students/petitioners who were admitted to the course during the academic year 2018-19 and onwards.”.More than 500 postgraduate medical students had moved the High Court seeking a declaration that the provisions of the Act and Rules are not binding on those who were admitted during the academic years 2016-17, 2017-18 and 2018-19. This, after the State government made the provisions of the Act applicable to them by issuing an order on July 23, 2020..In 2019, the High Court had upheld the constitutional validity of the 2012 Act and 2015 Rules, which mandate all students who have enrolled for course in medicine post the enactment of 2015 Rules to compulsorily render public service in government health institutes for one year..After going through the contentions of the parties, the Bench noted that the purpose of the 2012 enactment was for providing compulsory service by candidates who had completed medical courses, before award of degrees or postgraduate degrees or diplomas. It was further noted by the Court that an amendment to the Act was brought into effect from July 11, 2017. The information and instructions pertaining to implementation of the Act were provided in information bulletins starting from the academic years 2018-19 onwards. Accordingly, bonds were executed by the candidates from 2018-19 onwards only, the Court noted..Accordingly, the Single Judge made it clear that,"Therefore, prima facie, there is sufficient force in the submission of the learned counsel for the petitioners that when no such information is given in the Information Bulletin upto 2018-19 and no bonds having been taken at the hands of the candidates, whether the provisions of the Act could be made applicable to the candidates prior to 2018-19…In that view of the matter, although it may not be mandatory to provide such information in the Information Bulletin, the Government will not be in a position to compel the candidates into compulsory service, if such Bonds are not taken from the candidates.".The Court also took up the contention of the State government that when a provision of law is enacted, it comes into operation and becomes applicable. The Court was of the view that as students from various parts of the globe came to seek admission to postgraduate and super specialty courses in medicine, the State government ought to have provided information on compulsory public service..It held,"There can be no doubt about the proposition that ignorance of law is no excuse, but in the present context, students from across the country and in fact from overseas seek admission to Medical courses/PG courses/Super Specialty courses in various Institutions across the country and it is a matter of pride that the Institutions in Bangalore and many other parts of the State have enjoyed the status of premier Medical Institutions and attract students from across the globe. Such students many not have the knowledge of the provisions of a local statute. It is in this context that the Government has felt it necessary to provide the information to candidates regarding the implementation of such statutes and such information is also required to be provided to the candidates to put them on notice and allow them an opportunity to make their choice having regard to the compulsory element in the provisions of the Act.".The Court deemed it fit to add that the publication of the aforesaid information along with the prescribed form is more of a practical requirement than a legal compulsion..With these observations, the Court disposed of the pleas..[Read Judgment]