Lucknow: The Allahabad High Court has held that doctors who pursue postgraduate medical education at government institutions at subsidised rates cannot evade the mandatory government service bond attached to their admission.
A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary in Lucknow Monday said the requirement of two years of compulsory government service was intended to ensure the availability of doctors in government hospitals and protect patients’ right to life.
The court said a mere administrative delay in providing a posting would not, by itself, extinguish the bond obligation.
The bench made the observation while hearing a petition filed by Dr Aparupa Sen Gupta, who had completed MD (Transfusion Medicine) from SGPGI, Lucknow.
Sen Gupta had contended that since the government did not provide her a posting within three months of completion of her course, her two-year compulsory service bond should be treated as having lapsed.
The court rejected the contention, noting that the doctor had obtained a no-objection certificate from the government to pursue a PDCC course. The certificate specifically stipulated that the period spent on the course would not be counted towards her bond service, according to the order.
The bench also found that there was no provision in Uttar Pradesh, under which failure to provide a posting within three months automatically discharged a doctor from the bond.
However, the court found fault with the manner in which the doctor was denied an opportunity to participate in counselling for bond service.
It noted that the June 1, 2026 counselling notification was meant for the 2022 batch of MD/MS candidates and 2023 batch diploma candidates, whereas the petitioner belonged to the 2021 batch.
The court directed the Director General, Medical Education and Training, to conduct fresh counselling for the doctor and allow her to choose from vacancies available in government medical colleges and teaching institutions recognised by the National Medical Commission, according to the order.
The bench directed the state to complete the exercise within four weeks from September 27, 2026.
It also directed that the 89 days the doctor had worked as a senior resident at SGPGI after completing her PDCC course be adjusted against her two-year compulsory government service bond.
Till the fresh counselling is completed, she will continue to work as a senior resident at SGPGI, the bench said.
