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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 08^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE R DEVDAS

WRIT PETITION NO.15502 OF 2020 (EDN-RES)

BETWEEN

1 .

DR. AKSHATHA H

D/O SHOBHA NIRANJAN

AGED ABOUT 28 YEARS

RESIDING AT NO.143

TEJASWINI NAGAR, SOS POST

BANNERGHATTA ROAD

BANGALORE-560076

2 .

DR ANIL KUMAR T

S/O THIMMA NAIK

AGED ABOUT 30 YEARS

R/O HALAVUDARA HALLI

HALAVUDARA POST

CHITRADURGA TALUK AND DISTRICT-577541

3 .

DR PREETIKA SINHA

D/O MR RANJAN KUMAR

AGED ABOUT 28 YEARS

R/O NO.624/44

9TH MN RD,RPC LAYOUT

VIJAYNAGAR

BANGALORE-560010

...PETITIONERS

(BY SMT HIREMATH AKKAMAHADEVI, ADVOCATE)

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AND

1 .

STATE OF KARNATAKA

DEPARTMENT OF HEALTH

AND FAMILY WELFARE

105, 1ST FLOOR

SECRETARIAT BUILDING

VIKASA SOUDHA

SESHADRI ROAD

BENGALURU-560001

REPRESENTED BY ITS SECRETARY

2 .

EMPLOYEES STATE INSURANCE

CORPORATION MEDICAL DIVISION -IV

HQRS.OFFICE, PANCHADEEP BHAVAN

C I G MARG,

NEW DELHI-110002

REPRESENTED BY ITS DIRECTOR GENERAL

3 .

THE EMPLOYEES STATE INSURANCE CORPORATION

POST GRADUATE INSTITUTE OF MEDICAL

SCIENCES AND RESEARCH, BANGALORE

RAJAJINAGAR

BANGALORE-10

REPRESENTED BY ITS DEAN

4 .

EMPLOYEES STATE INSURANCE CORPORATION

MEDICAL DIVISION-IV

HQRS. OFFICE, PANCHADEEP BHAVAN

C I G MARG,NEW DELHI-110002

REP BY ITS DEPUTY MEDICAL COMMISSIONER (ME)

5 .

KARNATAKA MEDICAL COUNCIL

70, 2ND FLOOR

VAIDYAKEEYA BHAVANA

K R ROAD, H B SAMAJA ROAD

CORNER, BASAVANAGUDI

BENGALURU-560004

REPRESENTED BY ITS REGISTRAR

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6 .

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE

4TH T BLOCK, JAYANAGAR

BENGALURU-560041

REPRESENTED BY ITS REGISTRAR

7 .

NATIONAL MEDICAL COMMISSION

(ERSTWHILE MEDICAL COUNCIL OF INDIA)

POCKET 14, SECTOR 8

DWARKA, PHASE -1

NEW DELHI-110077

REPRESENTED BY ITS SECRETARY

8 .

KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD

18TH CROSS, MALLESWARAM

BANGALORE-560 012

REPRESENTED BY ITS DIRECTOR

…RESPONDENTS

(BY SMT PRAMODHINI KISHAN, AGA FOR R1

SRI N K RAMESH, ADVOCATE FOR R6 & R8

SMT GEETHADEVI PAPANNA, ADVOCATE FOR R2, R3 & 4

SMT RATNA SHIVAYOGIMATH, ADVOCATE FOR R5

NOTICE TO R7 IS DISPENSED WITH VIDE ORDER DATED

23.12.2020)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE BONDS

PRODUCED AS ANNEXURE-B1,B2 AND B3 DATED 24.05.2017,

26.05.2017 COMPULSORY SERVICE FOR 3 YEARS OBTAINED

FROM THE PETITIONRS BY THE R-3 AS BEING WITHOUT

AUTHORITY OF LAW AND ETC.

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

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ORDER

R. DEVDAS J., (ORAL):

The petitioners are aggrieved by the arbitrary action of

the respondents No.2 to 4, ESI Corporation Medical College

and PGIMSR, Bengaluru, inasmuch as withholding the

transfer certificates and refusal to issue No Due certificates to

the petitioners, who are pursuing the Entrance Examination

having passed MBBS from the 2^nd to 4^th respondent

Institutions, for the purpose of securing seats for Post

Graduate Degree course under All India quota. The allegation

made by the petitioners against respondents No.2 to 4

Institutions is that having given seats to the petitioners an

arbitrary exercise of getting bonds executed for a period of five

years of compulsory service in their hospitals under duress is

resorted to. The legality of service bonds being executed

under duress fell for consideration before co-ordinate bench of

this Court and this Court by order dated 14.02.2020 in

W.P.No.29365-29368/2018 and connected matters held that

the ESI Corporation and its Colleges could not have got the

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bonds executed from the petitioners and at any rate, the same

cannot be enforced against the petitioners. Consequently, a

writ of certiorari was issued quashing the im