The Supreme Court on Monday has upheld the order of the Madhya Pradesh High Court, which had dismissed the appeal filed by more than 80 MBBS doctors pursuing post graduate courses, aggrieved by the condition imposed by the State government for executing a bond to render compulsory service in rural areas.
The conditions stipulated that in default thereof, the bond of Rs 10 lakh for the post-graduate course and Rs 8 lakh for the diploma course would be forfeited. Today, the bench of Justice L. Nageswara Rao and Justice B.R. Gavai dismissed the petition as the same devoid of merits.
The petitioners have submitted before the court that execution of the bond was not compulsory for 2013. The examination was held for admission and the admission form of the said year said no bond is required to be executed for the students belonging to All India Quota. Accordingly, no bond was actually executed. This was the 2013 PG batch. Subsequently, the Centre realised the problem and amended it in 2014 and applied it for both quota i.e. for All India as well as State Quota.
On the question raised by the Court about delay in filling the SLP, the petitioner submitted that the review petition was pending till 2020 and the same was disposed in August 2020 and we have filed the SLP in September 2020.
In fact, these doctors, who are pursuing Post Graduate Courses were being aggrieved by the imposition of conditions by the State Government for executing a bond to render compulsory services in rural areas notified by the State approached the High Court.
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They challenged the conditions imposed on the basis that the PG course under the All India Quota seats cannot be made to render compulsory rural service in the State as the conditions imposed by the State are not applicable to All India Quota students. The petitioners have challenged the imposition of condition for executing compulsory rural service bond by Executive Instruction dated 16.8.2013, firstly on the ground of lack of power and authority in the State to impose such a condition and, secondly, on the ground that the condition was imposed after the petitioners had already undertaken the 2013 NEET Examination in which there was no requirement or condition for rendering compulsory rural service.
The Council on behalf of the State has stated that the Executive power of the State co-exists with the legislative power and as the State has the power to legislate in the field, therefore, it also has the competence to issue executive Instructions.
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He further submitted that aforesaid conditions apply to all students that have taken admission in the State of M.P. irrespective of the fact that they have obtained admission under the All India Quota or the State Quota and a uniform policy in respect of both has been adopted by treating all the students studying in the Medical College in the State of M.P. as one class.
The High Court placing its reliance on the judgment passed by the Apex Court in the case of Association of Medical Super Speciality Aspirants and Residents and others vs. Union of India and others dismissed the petition as the Supreme Court in the aforesaid decision has repelled similar contentions.
CASE NAME- VAIBHAV YAWALKAR AND ORS. Vs UNION OF INDIA AND ORS.
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