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A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
Divya. K. S D/o Soman K. Nair – Appellant
Versus
State Of Kerala Represented By Its Hon’ble Chief Secretary, Govt. Of Kerala, Govt. Secretariat, Thiruvananthapuram – Respondent
JUDGMENT :
A.Muhamed Mustaque, J.
This writ appeal was filed by some students who enrolled in the M.Sc Nursing Degree Course at various Government Nursing Colleges in the State during the academic year 2022-23 and 2023-24. They challenged a Government Order dated 11.07.2024 in the writ petition, which mandated a compulsory one-year teaching internship upon the execution of a bond. By the said order, the Government decided to engage students who enrolled from the academic year 2022–23 onwards and successfully completed the M.Sc. Nursing course as bonded lecturers, with a stipend of Rs.25,000/-. According to them, this is a violation of the Indian Nursing Council directives.
2. It is appropriate to refer to the relevant portion of the guidelines issued by the Indian Nursing Council regarding bond system for the M.Sc. Nursing programme, which state as follows:
Taking service bonds from students and forcefully retaining their Original Certificates is viewed as an unethical practice by the Indian Nursing Council. If any such practice comes to the notice of the Indian Nursing Council, appropriate action under Section 14 of the Indian Nursing Council Act, 1947 will be taken agains
The court ruled that the imposition of a compulsory service bond on M.Sc Nursing students post-enrollment was arbitrary and violated the principle of legal certainty.
The court upheld the legality of compulsory bonded service for nursing students, affirming that conditions accepted upon admission are binding and align with public policy.
The court upheld the validity of state-mandated compulsory service bonds for medical postgraduates, affirming they serve public interest and do not violate constitutional rights.
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Executing bonds for post-graduate medical service requires adherence to conditions specified without exceptions for pandemic duties, reaffirming contractual obligations under Article 19(1)(g).
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