Compulsory service bonds for medical education are constitutional if reasonable; high non-compliance rates necessitated stricter policies for state-sponsored medical training.

JUDGMENT

1) Vide this judgement, above mentioned Letters Patent Appeals as well as writ petitions, would be disposed of as the issue involved in all these cases is the same.

2) The issue involved in all these cases relates to compulsory bonds to be executed for admission to Post Graduate Medical Courses and Super Specialty Courses. Writ petitions were filed by the petitioners challenging the mandatory provisions of service provided under Clauses 6.1 and 11.1.2 of the Post Graduation/Super Specialty Policy for Regulating Admission to various Post Graduation and Super Specialty Courses in Medical Education 2019, applicable in the State of Himachal Pradesh (hereinafter referred to as PG/Super Specialty Policy).

3) The undisputed facts, relevant for adjudication of the case, are that seven Government Medical Colleges and one private medical college in the State impart medical education. State of Himachal Pradesh has formulated the PG/Super Specialty Policy for regulating admission to various post graduation and super specialty courses in medical education. Incentive has been provided to the doctors for pursuing post graduation within the State as well as outside the State. Sponsorship has also been provided by the State to the desirous General Duty Officers (GDOs), who want to pursue post graduation or super specialty courses, within the State or outside the State. Similarly, direct candidates have also been provided the facility of sponsorship to pursue post graduation or super specialty courses, within the State or outside the State. Earlier, a policy had been framed by the State vide Notification dated 3rd October, 2017. So far as the policy dated 3rd October, 2017 is concerned, the same reads as under:

“Government of Himachal Pradesh Department of Medical Education File No: HFW-B(F)4-9/2017 dated: Shimla the 03/10/2017 Notification In continuation of this Department’s Notification No.: HFW-B(B(14-3/2009-Loose dated 20.03.2017 the Governor, Himachal Pradesh is pleased to notify a policy for sponsoring General Duty Officers for doing PG(MD/MS) Degree/Diploma & Master Courses outside the State as per the ANNEXURE –‘A’.

The Governor, Himachal Pradesh in suppression of all previous Policies notified for sponsoring GDOs for doing Super specialty DM/MCh Courses, DNB Courses within and outside the State is pleased to notify a fresh policy in this behalf as per the ANNEXURE-‘B’ and ANNEXURE-‘C’.

By order, (Onkar C. Sharma)

Principal Secretary (Health) to the Government of Himachal Pradesh Endst. No.: As above dated: Shimla-2, the 03/10/2017 Copy forwarded for information and necessary action to:-

1. The Special Secretary (GAD) to the Government of Himachal Pradesh w.r.t. item No.-156, Cabinet meeting dated 18.09.2017.

2. The Deputy Secretary (Health) to the Government of Himachal Pradesh.

3. The Director Health Services, Himachal Pradesh, Shimla-9.

4. Director, Medical Education and Research, Himachal Pradesh, Shimla-9.

5. Director, Dental Health Services, Himachal Pradesh, Shimla-9.

6. The Principal, IGMC, Shimla, Himachal Pradesh

7. The Principal, Dr. RPGMC, Kangra at Tanda, Himachal Pradesh

8. The Principal, Dr. YSPGMC, Sirmour at Nahan, Himachal Pradesh

9. The Principal, Pt. JLNGMC, Chamba, Himachal Pradesh

10. The Principal, Sh. LBSGMC, Ner Chowk, Mandi, Himachal Pradesh

11. The Principal, HP Government Dental College, Shimla-1.

12. File No.:HFW-B(B)14-3/2009-Loose w.r.t. this Department’s Notification dated 20.03.2017. The original file number of this Notification is HFW-B(B)12-4/2013-I(Loose).

13. Guard File.

(Pankaj Rai)

Special Secretary