2019 Supreme(SC) 887

SUPREME COURT OF INDIA
L. NAGESWARA RAO, HEMANT GUPTA, JJ.
Association of Medical Super Speciality Aspirants and Residents & Ors. – Appellant(s)
Versus
Union of India & Others – Respondent(s)
WRIT PETITION (CIVIL) No . 376 of 2018 W I T H Writ Petition (Civil) No. 946 OF 2018 Civil Appeal No. 6379 of 2019 Arising out of SLP (Civil) No. 2387 of 2019 Civil Appeal No. 6380 of 2019 Arising out of SLP (Civil) No. 1116 of 2019 Civil Appeal No. 6381 of 2019 Arising out of SLP (Civil) No. 10 of 2019 Civil Appeal No. 6382 of 2019 Arising out of SLP (Civil) No. 10007 of 2019 Civil Appeal No 6383 -6385 of 2019 Arising out of SLP (Civil) Nos.16814-16816 of 2019 (Diary No. 19100 OF 2019) Civil Appeal No.6386 of 2019 Arising out of SLP (Civil) No. 15688 of 2019
Decided On : 19-08-2019

IMPORTANT POINTS
Policy of requiring students of super-speciality medical courses in government medical colleges to execute bond of compulsory service in the State hospitals for certain period and recompense in default thereof is neither arbitrary nor unreasonable nor violative of any law.
States and medical colleges directed to consider modification of period of compulsory service and exit clause.

Headnote:

(a) Constitution of India - Seventh Schedule, Entry 66 of List I r/w Entry 25 of List III and Article 162 - Higher education - Medical education - Compulsory bonds required from PG students - Legislation made by States regarding medical education subject to legislation made by Parliament - Medical Council of India Act, 1956 not touching on the subject - Held, States are free to legislate on the subject matter of medical bonds - Even otherwise State can issue executive instructions in that regard under Article 162 - Impugned Notifications not vitiated by lack of jurisdiction. (Para 17)

(b) Medical education - Requirement of compulsory bonds from students of super-speciality courses - State requiring students, on successful completion of their courses to serve the State for three years and imposing condition of paying compensation in case of failure to do so - State incurs huge expenditure on medical education that too super-speciality courses - Conditions imposed in public interest - Held not arbitrary - Article 14, Constitution of India. (Para 18)

(c) Medical education - Higher courses - Compulsory bond - Different States requiring different period of compulsory service and amount of recompense - Imposition of condition of compulsory service and recompense in default held not unreasonable - However the period and exit clause need reconsideration - States and medical colleges directed to consider imposing the condition of compulsory service period of two years in default of which the Doctors shall recompense the Government by paying Rs. 20 Lakhs. (Para 19)

(d) Higher medical education - Compulsory bonds - Constitution of India - Article 19(1)(g) - Article 19(1)(g) held not attracted to admission to a college - Execution of bond is part of a package - Appellants taking admissions and executing bonds without protest - No case made out for violation of Article 19(1)(g). (Para 20)

(e) Constitution of India - Article 21 r/w Article 47 - State under a positive obligation to uphold dignity of larger section of society - Deprived sections of society have a right to have proper health care - Policy of compulsory bond motivated by this objective - No infirmity. (Para 30)

(f) Constitution of India - Article 21 - Right of individual vis-à-vis right of society - Private individual dignity vis-à-vis communitarian dignity - Right of the society shall prevail upon right of an individual - Contention of appellants on ground of infringement of individual dignity rejected. (Para 31, 33)

(g) Constitution of India - Article 23(1) - Compulsory bond - Whether forced labour - Appellants taking admission after informed decision - Bond for compulsory service for a short period on a decent stipend - Cannot be termed forced labour - (Para 35)

(h) Specific Relief Act, 1963 - Section 14 - Prohibition of enforcement of personal contract of service - Compulsory bonds of service - No state Government attempting to enforce the contracts entered into by them with Appellants through the service bonds - Held, compulsory bonds do not fall foul of the Act. (Para 38)

(i) Indian Contract Act, 1872 - Section 27 - Conditions of compulsory bonds for admission to post-graduate and super-Speciality courses in government medical colleges - Held, not in violation of Section 27. (Par 39)

Facts of the case:

Notifications issued by the Department of Health and Family Welfare, Government of West Bengal imposing the condition of execution of compulsory bond at the time of admission to post-graduate courses and super speciality courses. The bond also required the Appellant-doctors to work in the Multi-Speciality/ Super Speciality Hospitals, Secondary and Tertiary Level Hospitals in West Bengal for a period of one year after completion of their post-graduate and post-doctoral education in State Medical Teaching Institutions in West Bengal. Execution of bond at the time of admission to post-graduate courses and super Speciality courses, providing that they shall serve the State Government for a period of one year on successful completion of the courses, failing which they will be liable to recompense the State Government a penalty amount of Rs.10 Lakhs, was made compulsory. Partially modifying the Notification dated 31.07.2013, the Government of West Bengal issued a Notification on 10.06.2014 by which the condition pertaining to one year service was increased to two years. The compensation in case of failure by the Doctors to serve in the State was enhanced to Rs. 30 Lakhs. These notifications were challenged in the High Court of Calcutta.

A Division Bench of the Calcutta High Court held that both the Notifications dated 31.07.2013 and 10.09.2014 are neither unreasonable nor arbitrary.

Finding of the Court:

Impugned notification are legally valid.

Result: Writ petitions and appeals dismissed.