Every MBBS graduate, after completion of internship, every postgraduate (diploma or degree) candidate and every super-specialty candidate should render compulsory public service for one year, which is remunerative, the Karnataka High Court ruled on Wednesday. It said that they will hold the designations of 'Junior Resident', 'Senior Resident' and 'Senior Specialist' respectively during the service period, and will have temporary registration for practising medicine.
Upholding the Karnataka Compulsory Service Training by Candidates Completed Medical Courses Act 2015 and its Rules, Justice Krishna S Dixit, however, made it clear that the Act and Rules being prospective in operation, do not apply to candidates who had already been admitted to graduation, postgraduation or superspeciality courses before July 24, 2015, the date on which the Karnataka Act came into force.
The court also directed the state government to lay down guidelines within two months on two issues, while disposing of the writ petitions filed by Bushra Abdul Aleem and others.
The first issue is that, for regulating the exercise of discretion in determining the penalty amount ranging from a minimum of Rs 15 lakh to maximum of Rs 30 lakh, as provided under Section 6 of the Act and for payment of the fine amount in just and reasonable instalments, with current banking rate of interest on such delayed payment.
The second issue is deferring compulsory service for a short period or for providing for split of the service period in cases of genuine difficulty not arising from the fault of candidates, subject to reasonable riders so that the hardship is mitigated, on proof of reasonable grounds.
The court ordered the state government to constitute a high level committee or Grievance Redressal Cell within two months to address complaints of aggrieved candidates in the matter of imposition of fine, working conditions, infrastructural facilities, requirement of residence and commutation.
The petitioners comprise three classes of candidates — those who were pursuing graduation (MBBS), others doing postgraduation (MD/MS, etc.), and the rest pursuing super-specialty courses. This apart, a few medical colleges and institutions too have knocked on the doors of the court.
