HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 15300 OF 2025

O R D E R:

Petitioners are stated to have completed Super-

specialty courses in accordance with Post-Graduate Medical Education Regulations, 2022 and are waiting for award of certificates. While so, it is the case of petitioners that the Government by virtue of G.O.Ms.No. 165, dated 06.09.2017 incorporated the bond of Rs.50 lacs on Rs.100 stamp paper to the candidates who are taking admissions in Super-speciality courses from the academic year 2021-22; in case of failure to serve the government for two years, after completion of course, he / shall be liable to pay Rs.50 lacs to the government, as compensation. Petitioners state that they obliged the said condition and executed bonds under coercion since their admission itself is at stake. According to them, Telangana Medical Colleges (Admissions into Post-Graduate Medical Courses) Rules, 2017 do not provide for any Regulations with regard to super-specialty courses and the above-referred Rules only govern Post-Graduate medical courses. The State Government is not empowered to insist upon undergoing of compulsory government service that too in any particular State, such a requirement would amount to prescribing an additional stipulation or prescription for completing the super-specialty post-graduation course which is beyond the legislative competence of the State Government. Hence, they filed the Writ Petition assailing the action of the respondents in withholding their original certificates on completion of DM/Mch (Doctorate of Medicine, Master of Chirurgiae) and to set aside G.O.Ms.No.

165 dated 06.09.2017.

2. Heard Sri Sreenivasa Rao Velivela, learned counsel for petitioners, learned Deputy Solicitor General Sri Gadi Praveen Kumar on behalf of Respondents 1, learned Government Pleader for Medical & Health on behalf of Respondents 2, 3, 5 and 8, Ms. Sri Pujitha, learned Standing Counsel for the 4^th respondent, Sri Sama Sandeep Reddy, learned Standing Counsel for the 6^th respondent and Sri T.

Sharath, learned Standing Counsel for the 7^th respndent.

3. It is brought to the notice of this Court that the subject matter is squarely covered by the order dated 13.01.2023 in Writ Petition No. 33966 of 2022, hence, this Writ Petition may be disposed of in terms thereof.

4. In the said order, the learned Single Judge held that the State Government has got every power both legislative as well as executive to impose such condition and to enforce the same and that the action of the State does not violate the fundamental rights of the students and does not violate Articles 14 and 21 of the Constitution, hence, the action of the Government in insisting petitioners to comply with the undertaking given under the bonds executed by them can, under no circumstances, be said to be an arbitrary action. In addition to Rule 10 of the Rules 2006, as noted above, learned Special Government Pleader also placed reliance on G.O.Ms.No. 40, dated 10.02.2021 wherein executive order was issued by the government making it compulsory to serve the State of Telangana after completing the post-graduation course and in case of failure to render such service, to pay a penalty as prescribed in the said G.O. In the light of the law laid down by the Hon’ble Apex Court in Association of Medical Super- Speciality Aspirants and Residents v. Union of India, (2019) 8 SCC 607, even the said executive order is also having a force of law and hence, the action of the respondents in issuing the impugned

notification and compelling the petitioners to comply with their obligations under the Bond is in terms of statutory Rules made under the Act, 1983 and the same cannot be found fault with. Thus, the action of respondents in issuing the impugned notification and requiring the petitioners to serve the State in terms of the Bond is perfectly valid and in accordance with law.” 5. In the light of the clear order, this Court does not find any merit in the Writ Petition, t