HC temporarily suspends compulsory bonds to super speciality PG students
Hyderabad: Justice N.V. Shravan Kumar on Wednesday suspended a condition imposed by the government in 2017, which mandated the compulsory resident specialist postings for super speciality postgraduates for three weeks.
The judge has issued the interim order while dealing with a writ plea filed by Dr Anvesh Reddy and 22 others, who challenged the GO 165 dated September 6, 2017, which mandates compulsory resident specialist posting for super-speciality postgraduates and thereby withholding the original degree certificate of the students.
The GO also expects the students, who are taking admissions in the super speciality courses in 2017-18, to execute an undertaking in the form of a bond on a stamp paper worth Rs100 stating that if they fail to serve the government for two years after the completion of the course, he or she will pay Rs 50 lakhs to the government.
Senior counsel L. Ravichander, appearing on behalf of the petitioners, contended that the imposition of such a condition was not only without the authority of law but amounted to disguised bonded labour forced upon students by the government.
Counsel pointed out that the mere fact that the resident doctors signed the bond at the time of getting their seats did not impose a duty on the doctors.
Petitioners also pointed out that the government was also acting contrary to the directions issued by the National Medical Commission.
Ravichander pointed out that the National Medical Commission also recommended scrapping the bond policy and mandatory rural government service after a suggestion by the Supreme Court on the issue.
Counsel also pointed out that requiring the student to serve or pay Rs 50 lakhs is a case of capitation fee. “It is strange that the government which is required to supervise the prohibition of collection of capitation fee is itself collecting capitation fee.”
Having considered the various arguments, Justice Shravan Kumar passed a detailed interim order. The government was required to file its response in two weeks and the matter will be heard after three weeks, till that time the interim suspension orders will prevail.
