Doctors Wanting to Pursue PG Courses Cannot Be Made To Serve Bond Of Five Years: Karnataka HC [Read Order]

Mustafa Plumber

25 April 2020 9:54 PM

Granting a big relief to Doctors wanting to pursue Postgraduate studies, the Karnataka High court has directed the Employees State Insurance Corporation (ESIC), Medical College and Hospital to release their transfer certificates immediately, without insisting them to compulsory serve the hospital for a period of five years.

Justice R Devdas on Friday allowed the petition filed by Dr Mohd Fahad Khan and others and said;

"The 4th and 5th respondents (ESIC and Medical College/Hospital) are therefore directed that the transfer certificates of the petitioners may be uploaded directly to the Karnataka Examinations Authority in view of the peculiar facts and circumstances of this case surrounding the COVID-19 pandemic. The Karnataka Examinations Authority shall also ensure that the transfer certificates are received from the Institutions."

The petitioners argued that "Institutions having given seats to the petitioners and an arbitrary exercise of getting bonds executed for a period of five years of compulsory service in their hospitals under duress is resorted to. The legality of service bonds being executed under duress fell for consideration before coordinate bench of this court and by order dated 14.02.2020, it was held that the ESI Corporation and its Colleges could not have got the bonds executed from the petitioners and at any rate, the same cannot be enforced against the petitioners."

The court agreed with the petitioners and directed the Karnataka Medical Council to enroll the petitioners and issue the registration certificates to enable them to pursue their Post Graduation course. It also extended the last date of submission to the authorities to April 27, considering the COVID-19 situation.