The High Court of Karnataka on Monday ordered issue of notice to the State, Centre, and the National Medical Commission on a petition filed by a group of medical students questioning the legality of the Karnataka Compulsory Service by Candidates Completed Medical Courses Act, 2012, which mandates one compulsory government service.
Justice R. Devdas passed the order on a petition filed by Sharanya Mohan and 43 others, who have now completed MBBS course from Dr. B.R. Ambedkar Medical College and Hospital, Bengaluru.
Though the High Court in August 2019 upheld the constitutional validity of the Act, the petitioners contended that the law on compulsory government service cannot continue to operate after the Central government notified the National Medical Commission (NMC) Act, 2019, which came into force in September 2019.
Pointing out that the apex court had asked the Central government to frame a uniform policy on compulsory government service as many States had no such service and about 11 States had compulsory service period for different years, the petitioner said State cannot impose such service as such a power now vested only with the NMC.
The petitioners questioned the notification issued by the Directorate of Medical Education asking medical colleges, including the college from which the petitioners completed their course, to withhold all original documents of students who have completed the course to enable them to undergo one-year compulsory service.
Pointing out that documents are important to apply for the graduate National Eligibility-Cum-Entrance to joint postgraduate medical courses, the petitioners said that denying their documents is contrary to the law and deprives their right to opt for higher education.
Meanwhile, the government counsel told the court that no counselling has been scheduled for posting the petitioners for compulsory government service and instruction was being issued to release their marks cards.
