A medical professional must comply with separate bonded service requirements after specialty and super specialty courses as stipulated in the governing prospectus.

JUDGMENT

The petitioner is a Senior Resident Doctor in Government Medical College, Thiruvananthapuram. According to the petitioner, he completed Master of surgery in General Surgery and also completed the statutory obligatory bonded service for one year. Ext.P2 is the certificate which will show that the petitioner worked as Senior Resident under bonded obligation in the Department of General Surgery for a period of one year from 10.07.2015 to 09.07.2016. Thereafter the petitioner was admitted for the super specialty course based on Ext.P3 prospectus. The petitioner completed the super specialty course as evident by Ext.P4 provisional degree certificate. According to the petitioner, he was forced to continue bonded service for another one year as per Ext.P7. In Ext.P7 the petitioner is serial No.15. Admittedly, the petitioner is now doing the bonded service based on Ext.P7. The petitioner is challenging the same. According to the petitioner, in the light of the completion of bonded service after completing the specialty course as evident by Ext.P2, the petitioner need not do the bonded service again after the super specialty course.

Hence Ext.P7 is challenged.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. The learned counsel for the petitioner reiterated his contentions in the writ petition. The learned counsel takes me through Clause 10.1.2 in Ext.P3 prospectus. The learned counsel submitted that in Clause 10.1.2, it is clearly stated that the total service rendered by the petitioner shall be inclusive of obligation of compulsory bond for specialty and super specialty course done in the Government Medical College of Kerala. The learned counsel submitted that, as per Ext.P5, the bonded service is reduced to one year. Since the petitioner already completed one year after completing the specialty course, the petitioner need not undergo the bonded service after the super specialty course. This is the sum and substance of the argument. The learned counsel submitted that in Paragraph No.3 of Ext.P6, it is clarified that the bonded service is only one year after completing the super specialty course.

4. The learned Government Pleader submitted that a mere reading of Ext.P3 prospectus itself will show that the petitioner has to undergo bonded service after the specialty course and also after the super specialty course. Admittedly, the bonded service required after the super specialty course as on now is only one year. The petitioner almost completed the one year and the bonded service will expire on 01.11.2021. In such circumstances, this Court may not interfere with Ext.P7.

5. I perused the pleadings and also considered the arguments of the petitioner and the learned Government Pleader. It will be better to extract the relevant portion of Ext.P3 prospectus. Clause

10.1.2 of Ext.P3 prospectus is extracted hereunder:

“10.1.2. All candidates admitted to Government Medical Colleges will serve the Government of Kerala in Health Service/Medical Education Service for a period not less than two years continuously after the completion of the course. This total service rendered by him/her shall be inclusive of obligations of compulsory bond for specialty and super-specialty courses done in government Medical Colleges of Kerala (ie, there shall not be separate obligations of two years for both) shall not exceed 2 years. The facility of relieving will not be made available for observership, fellowship or any other courses. The service in Central or any other State Government or other Public Sector Undertakings (except Defence Service) will not count for relaxation of the compulsory services. They shall be relieved only after 2 years and such service should be done without any break immediately after the course. The Principals of the Colleges where they complete the courses shall retain the certificates till such time as proof of the satisfactory completion of the courses given by the competent authorities ie, D