Association of Medical Super Speciality Aspirants and Residents vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 887

L.NAGESWARA RAO, HEMANT GUPTA
Association of Medical Super Speciality Aspirants and Residents – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
For the Petitioner(s):Huzefa Ahmedi, Tanvir Nayar, Prashant Singh, Rohan Sharma, Praful Sinha, Krishnamohan K.Menon, Dania Nayyar, Prashanto Chandra Sen, Sarim Naved, Kaustubh Singh, Atif Inam, Harsh Parashar, Ankit Goel, Radhika Gautam, Kunal Cheema, Advocates
For Respondent(s):Dr. Manish Singhvi, Milind Kumar, Advocates
W.P.(C)No. 376/18 SLP(C)Ni.10007/2019 :K.M.Natraj, Rajan Kumar Churasia, Sanjay Kumar Tyagi, Rekha Pandey, G.S.Makker, A.K.Sharma, AOR, Madhumita Bhattacharjee, Balaj Srinivasan, Advocates
State of T.N. : Balaj Srinivasan, AAG K.V.Ramkumar, Jaswanthi, Arvind Kumar Sharma, Gaurav Sharma, M/S. Plr Chambers And Co., Shishir Deshpande, AOR
State Of Gujarat, Deepanwita Priyanka, Aniruddha P. Mayee, Advocates
State of Goa :, Ruchira Gupta, Salvador Santosh Rebello, Anurag Sharma, Shirir Deshpande, Advocates
State of Kerala :G.Prakash, Jishnu M.L, Priyanka Prakash, Beena Prakash, Abhinav Mukerji, Pratishtha Vij, Bihu Sharma, Advocates
State of West Bengal :Rakesh Dwivedi., Suhaan Mukerji, Astha Sharma, Sansriti Pathak, Kajal Dalal, Amit Verma, Prastut Dalvi, Dimple Nagpal, Madhumita Bhattacharjee, Srijin Choudhury, Sandeep, Raja Chatterjee, Chanchal Kr.Ganguli, Madhumita Bhattcharjee, Piyush Sachdev, Runamoni Bhuyan, Gaurav Sharma, Prateek Bhatia, Dhawal Mohan, Prasanna Mohan, Abhinav Mukerji, Pratishtha Vij, Bihu Sharma, Ruchi Kohli, Chanchal Kumar Ganguli, Advocates
State of Odisha Shibashish Misra, Ashish Kumar Sinha, Chandan Kumar Mandal, Kunal Cheema, Aditi Parkhi, Advocates.

JUDGMENT

L. NAGESWARA RAO, J.

Leave granted.

1. The controversy in these cases pertains to the compulsory bonds to be executed for admission to post-graduate medical courses and super speciality courses. The Association of Medical Super Speciality Aspirants and Residents has filed Writ Petition (Civil) No.376 of 2018 seeking a writ of mandamus for quashing the compulsory bond conditions, as imposed in the super speciality courses by the States of Andhra Pradesh, Goa, Gujarat, Himachal Pradesh, Karnataka, Kerala, Maharashtra, Orissa, Rajasthan, Tamil Nadu, Telangana and West Bengal respectively. A further direction is sought for returning the original mark-sheets, certificates and other documents retained by the respective State authorities after the completion of the concerned speciality courses.

2. Writ Petition (Civil) No.946 of 2018 is filed challenging the Notification dated 10.06.2014 issued by the Government of West Bengal by which every post-graduate trainee was directed to execute an Indemnity Bond to serve the State Government for a period of three years after successful completion of postdoctoral/MD/MS course and for a period of two years after successful completion of the PG

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2019 Supreme(SC) 887

L.NAGESWARA RAO, HEMANT GUPTAAssociation of Medical Super Speciality Aspirants and Residents – AppellantVersusUnion of India – Respondent

Cases Referred (22)

L.NAGESWARA RAO, HEMANT GUPTA
Association of Medical Super Speciality Aspirants and Residents – Appellant
Versus
Union of India – Respondent