Defer mandatory service bonds for PG medical students pursuing super speciality courses: Supreme Court to states

New Delhi: The Supreme Court has suggested the state governments to consider developing a mechanism to allow meritorious post graduate medical students to undertake super speciality courses by deferring the mandatory service bonds.

A bench of Justices J B Pardiwala and R Mahadevan said, this will also immensely benefit the state, as a candidate with a super speciality qualification will be serving the State.

Several states have made it mandatory for the PG students to render their services in government centres.

The court said, the candidates who furnish a bond to the State may also aspire to acquire higher qualifications and if a candidate has to complete the service and then apply the super speciality MCH and DM courses, it may happen that in some cases they may be rendered ineligible.

"It is for the State to introspect and see, if among, those candidates who have furnished the bond, if there are exceptional candidates who have, on merit secured admission to Super Speciality courses, in reputed medical institutions, whether a mechanism can be evolved to defer the service under the bond till they complete the Super Speciality course,'' the bench said.

The court was considering a plea by Shyam Chandran, who secured All India Rank nine in the super speciality DM/MCH and has been called for counselling at Sree Chitra Tirunal Institute for Medical Sciences & Technology, Trivandrum.

Before he could serve out the bond period by taking a posting in the State of Himachal Pradesh, he was selected to DM/MCH super specialty.

The State's Advocate General submitted that when a candidate undergoes a postgraduate degree, apart from the stipend that they are paid monthly, the fee of the candidate is also subsidised, and it is for that reason that a bond for a period of two years is taken so that rural areas in the State, inter-alia, have the benefit of the service of the candidate.

The candidate's counsel submitted that after conclusion of the three year super speciality course, he will come back to the State of Himachal Pradesh and fulfill the bond period of two year service.

He also said the undated cheque of Rs 40 lakh deposited with the State can also be retained so that it is a deterrent measure against him.

In view of the facts and circumstances and in exercise of power under Article 142 of the Constitution, the bench said, ''We direct the State of Himachal Pradesh to hand over the original certificates of the appellant which are deposited with the State, so as to enable the appellant to report at Sree Chitra Tirunal Institute for Medical Sciences & Technology, Trivandrum to avail the benefit of the seat.''

The bench also ordered the appellant to file an undertaking clearly setting out that after completion of the super speciality course he will come back to the State of Himachal Pradesh and offer his services for two years to the State.

The bench also made it clear to the appellant that any breach of the undertaking will result in proceedings for initiation of contempt by this court.