New Delhi: The Supreme Court has upheld the medical bond policy of Odisha and other states for admission to postgraduate medical courses and super-specialty courses in government medical colleges.
A two-judge bench of the apex court comprising Justices L Nageswar Rao and Hemant Gupta said the conditions of compulsory bonds for admission to postgraduate and super-specialty courses in government medical colleges are not in violation of section 27 of the Indian Contract Act, 1872.
The bench also observed that compulsory bonds have been introduced by the state governments to protect the fundamental rights of deprived sections of the society guaranteed under Article 21 of the Constitution.
The apex court, however, suggested that the Union government along with Medical Council
of India may take steps to have uniform policy regarding the compulsory rural service of the doctors.
“Taking note of the fact that certain state government have rigid conditions in the compulsory bonds to be executed by the appellants and the felt need of uniformity in the matter pertaining to the compulsory bonds, we suggest that suitable steps be taken by the Centre and MCI to have a uniform policy on compulsory service to be rendered by the doctors who are trained in government institutions,” the bench said.
The court has rejected several writ petitions filed by Association of Medical Super Specialty Aspirants and Residents seeking quashing of compulsory bond conditions as imposed by state governments of Odisha, Andhra Pradesh, Kerala, Karnataka, Himachal Pradesh, Goa, Weat Bengal, Rajasthan, Tamil Nadu and Telangana.
“The writ petitions and the appeals deserve to be dismissed. Consequently, all the doctors who have executed compulsory bonds shall be bound by the conditions contained therein,” the bench said.
