Compulsory Rural Service For Medical Post Graduates Not Bonded Labour: Karnataka HC [Read Order]

The Karnataka High Court has directed the State government to conduct an inquiry for penalising or prosecuting culpable officials and persons responsible for not securing the undertaking/obligation bond for government service from candidates who had secured postgraduate degree and diploma seats for medical and dental courses under the government quota. The State, on the other hand, had relied on Rule 15 of the Karnataka Conduct of Entrance Test for selection and admission to Post Graduate Medical and Dental degree and diploma courses Rules, 2006, which mandates signing of a bond by such students to undertake to serve for three years in government service on completion of the course. Their contention that the undertaking was extracted abruptly at the time of admission process is false, to say the least inasmuch as the 2006 Rules are in force since December 2006 and the admission brochures have been published well in advance" It further noted that the petitioners kept quiet even after completing the course, and that had they not availed government seats, these would have gone to other deserving candidates who would have adhered to the undertaking. The impugned notification was, therefore, upheld and the following directions were issued: the candidates shall not be compelled to undergo counselling under the impugned Counselling Notification dated 28.09.2018 till after a Comparative Merit List of all the candidates in question, barring those who are already serving the Government, is prepared and operated; the candidates who before long are slated to go for higher or specialty courses recognized by the RGUHS/Medical Council of India, shall be deferred from counselling on proving their credential by some cogent material, till after the course is complete, regardless of its result, subject to the rider that they Undertake to come back for service after the course period; this concession is available only once; the respondents 1 and 2 shall make all endeavours to invoke the Bond Obligation furnished by all the candidates who have availed the Government seats under the aforesaid 2006 Rules, ab inceptio either by calling them for service, and in default for paying the penalty prescribed by Rule 15; the Respondent-Government shall within a period of six months formulate a Comprehensive Scheme by laying down the guidelines for the purpose of enforcing the provisions of Rule 15 of 2006 Rules and for invoking the Undertaking given by the candidates in all the yester years and in future; the Respondent-Government shall forthwith constitute an inquiry/investigation for penalizing/prosecuting the culpable officials/persons responsible for not securing the Undertaking/Stamped Bond from the candidates who had availed the Government seats under 2006 Rules, and also those who are responsible for absolving the obligee candidates from the Undertaking/Bond by accepting amounts of penalty in sums less than what is prescribed under Rule 15; and the Respondent-Government shall consider the grievance of the petitioners/candidates for enhancement of monthly stipend/payment keeping in view all relevant factors including the Pay Scale admissible to the posts in respect of which they are to undergo counselling.